SA Expanded Witness Protections and Recorded Evidence Rules for Victims of Serious Crimes

Evidence (Pre-trial Special Hearings) Amendment Bill 2026

17 Sep 2026: The first house is examining this bill in detail, possibly in committee, before a final vote.

Legislative Council

House of Assembly

Assent

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Topics

child abuse court evidence domestic violence sexual offences stalking victim protection violent crime

Introduced by: The Hon Kyam Maher (ALP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

Alleged victims of stalking and domestic choking can now access special witness protections.
Alleged victims of serious harm can now access special witness protections.
Victims of child abuse can access these protections regardless of their age during the trial.
Courts can admit recorded evidence during pre-trial special hearings.
Recorded evidence for victims of sexual offences can be admitted before the trial starts.
The law expands the list of serious offences against the person to include stalking and domestic choking.
The definition of sexual offences now includes attempts or conspiracies to commit those crimes.

The Debate

What different members said when this bill was debated:

Hilton Gumbys ALP

“I rise to speak in support of the Evidence (Pre-trial Special Hearings) Amendment Bill 2026. This bill makes two changes to the Evidence Act 1929. It expands the offences and witnesses eligible for pre-trial special hearings, and it broadens when a witness’s recorded evidence can be admitted before trial.”

Official source →

Cory Bernardi PHON

“I am just telegraphing One Nation’s position on this bill and the other bills that the government proposes to introduce.”

Official source →