The Minns Labor Government has delivered significant reforms to make the justice system less traumatic for victim-survivors of sexual assault.
Legislation passed by NSW Parliament today reforms the way adult sexual assault trials are conducted to help complainants give their best evidence and strengthen the trial process.
The reforms make it the criminal justice system less traumatising for complainants to navigate while maintaining the accused’s right to a fair trial.
Ground rules hearings
Ground rules hearings, which occur before complainants give evidence, will be introduced into adult sexual assault proceedings.
This will allow courts to provide directions about how proceedings will be conducted, including complainants’ communication needs, parameters around how they will be questioned and likely jury directions to be sought.
The pilot to operate at Parramatta, Wollongong and Dubbo District Courts from 2027 will ensure questions are appropriate, relevant and focused on the issues in dispute and improve the overall quality of evidence.
Recorded evidence
The reforms also allow recorded police interviews with complainants to be used as evidence in chief in adult sexual assault proceedings.
This will help minimise distress and trauma for complainants who will only be required to provide their evidence in chief once including in case of retrial.
Previously, these recordings were only admissible as evidence in chief for children under 16 and people with a cognitive impairment.
Sexual Assault Communications Privilege
The handling of sexual assault complainants’ counselling communications will also be improved.
Courts will now only be able to consider complainants’ communications records when it is necessary, as opposed to inspecting materials automatically or out of an abundance of caution.
Other changes codify in law the requirement to seek leave to access records that have been produced in court.
This comes as University of Sydney-led research examines the operation of Sexual Assault Communications Privilege and considers alternative models and options for reform.
We will continue to look at how the law can be strengthened to help boost protections and reduce trauma for sexual assault complainants.
This includes ongoing work to establish a specialist hub to support vulnerable people, including family and sexual assault complainants, to give evidence remotely.
We have also abolished the use of ‘good character’ as a mitigating factor at sentence for all crimes including sexual offences.
Attorney General Michael Daley said:
“Too often, sexual assault complainants find it retraumatising to seek justice when they’re forced to tell their story multiple times or because of irrelevant, inappropriate questioning.
“These reforms seek to modernise NSW’s approach to sexual assault prosecutions to better protect complainants as they seek justice.”
Minister for Women Jodie Harrison said:
“Victim-survivors who make the difficult choice to report to police and seek justice deserve a court process that does not add to their trauma.
“These reforms help make giving evidence less distressing and reduce the risk of retraumatisation.
“They are part of the wider work that the Minns Labor Government is doing to support victim-survivors, through our justice system navigators pilot and healing and recovery programs.”
