Complainants in sexual assault trials will soon be able to give pre-recorded evidence as part of a wider suite of changes proposed in NSW that aim to avoid victim re-traumatisation.
The reforms will be introduced to the state parliament on Tuesday, and include a proposed pilot program that will permit three courts in Parramatta, Wollongong and Dubbo to set parameters for the questioning of complainants in “ground rules” hearings.
These hearings will be held ahead of complainants’ evidence to allow the courts to set parameters about how a witness is to be questioned. The pilot will run from 2027 until 2030.
The program would bring in new rules that affect the topics and length of examination allowed for adult complainants as the government says it aims to limit re-traumatisation of victims through innapropriate questioning.
“The introduction of ground rules hearings will reduce stress for complainants and improve the precision of their evidence and the efficiency of trials by ensuring that questions directed at the complainant are appropriate, relevant, and focused on the issues in dispute,” NSW Women’s Safety Commissioner Hannah Tonkin said.
Under the proposed changes, recorded police interviews between special witnesses and complainants would be able to be used as evidence in chief. This would bring the process into line with trials that involve children aged under 16 and people with cognitive impairment.
Complainants would answer initial questioning just once at the beginning of the charge process and the same evidence could be re-used if there is a retrial. However, complainants would still be required to appear for cross-examination and re-examination.
“Sexual assault complainants and witnesses are especially vulnerable in our justice system,” NSW Attorney-General Michael Daley said.
“We want to help them give their best evidence by ensuring they do not need to tell their story multiple times and deterring inappropriate and irrelevant questioning in court.”
The reform package will also introduce legislation to change how complainants’ counselling records are used in sexual assault trial proceedings. Courts would only be allowed to consider counselling records when it is deemed necessary, and lawyers would need to seek judicial permission to access records produced in court.
The change will be introduced as the government awaits the findings of a University of Sydney review which will look at whether counselling records should be prohibited from criminal proceedings altogether.