Factual. Independent. Impartial.
Support AAP with a free or paid subscription
General
Max Aldred

State's sex assault trials face overhaul to cut trauma

Courts in NSW will impose restrictions on counselling records under a proposal. (Jono Searle/AAP PHOTOS)

Sex crime victims would be shielded under proposed changes targeting traumatic courtroom tactics and scrutiny of private records.

Courts in NSW will allow pre-recorded evidence to serve as a victim's principle examination and impose restrictions on counselling records, under the proposal.

Some districts will additionally trial rule-setting hearings to protect victims and witnesses.

The changes draw upon active practices in child sexual assault prosecutions. 

NSW Attorney-General Michael Daley
NSW Attorney-General Michael Daley hailed the justice reforms. (Bianca De Marchi/AAP PHOTOS)

The government will introduce legislation on Tuesday for what the attorney-general described as “commonsense reforms”.

“Sexual assault complainants and witnesses are especially vulnerable in our justice system… these changes will make the trial process more robust,” Michael Daley said.

A pilot program will permit courts at Parramatta, Wollongong and Dubbo to set parameters for the questioning of complainants in new “ground rules” hearings.

The rules would affect the duration, manner and topics of examination.

The trial is to run from 2027 to the end of the decade, backed by a $4.3 million investment.

The package also enables courts to consider recorded interviews between qualified specialist police and complainants as evidence in chief.

Complainants would answer initial questioning just once early in the charge process, with the same evidence used in the case of a retrial.

Children and the mentally impaired already benefit from the arrangement, which exists to minimise distress and trauma.

Recorded evidence in chief is also currently used in domestic violence prosecutions.

That provision is also extended to domestic violence AVO proceedings under the changes.

Women’s Safety Commissioner Hannah Tonkin said complainants were often subject to inappropriate questioning.

Pre-recorded evidence allowed victims to give more precise accounts of attacks and “to start rebuilding their lives sooner,” Dr Tonkin said. 

NSW Minister for Women Jodie Harrison
Minister for Women Jodie Harrison says the reforms aim to reduce retraumatisation for victims. (Bianca De Marchi/AAP PHOTOS)

Minister for Women Jodie Harrison said the government wanted to ensure "the trial process doesn't retraumatise victim-survivors". 

The legislation also tightens how complainants’ counselling records are used in proceedings.

Courts will be permitted to consider counselling records only when deemed necessary.

Other changes codify requirements lawyers seek judicial permission to access counselling records produced in court.

The University of Sydney is conducting a wide-reaching study into sexual assault communications privilege, commissioned in July.

Researchers are expected to deliver findings and recommendations midway through 2027.

The research will examine how often counselling records are subpoenaed and used in court - and whether the practice should be banned outright.

Dr Tonkin previously suggested the practice made victims choose between seeking justice or therapy.

Anti-violence service Full Stop Australia’s CEO Karen Bevan welcomed Tuesday's announcement as “steps in the right direction”.

The organisation would be further involved in extending the reforms across the state, she said.

1800 RESPECT (1800 737 732)

National Sexual Abuse and Redress Support Service 1800 211 028

Lifeline 13 11 14

Men's Referral Service 1300 766 491

License this article

Sign up to read this article for free
Choose between a free or paid subscription to AAP News
Start reading
Already a member? Sign in here
Top stories on AAP right now