NSW Protected Witnesses and Domestic Violence Victims Can Give Evidence via Recordings; New Protections for Victims in Court

Criminal Procedure and Other Legislation Amendment (Victim Experience Reforms) Bill 2026

1st House

2nd House

Assent

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Introduced by: Michael Daley MP (ALP) — Attorney General; The Hon Daniel Mookhey MLC (ALP) — Treasurer

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Victims of domestic violence offences can read their victim impact statements in a closed court, provided they are already allowed to give evidence in closed court.
Protected witnesses can give their evidence through official recordings. These recordings can be used in court even if they would normally be blocked by rules against hearsay or opinion evidence.
While a protected witness's recording is being played, the witness does not have to be present, visible, or audible to the court unless they choose to be.
The court cannot admit a protected witness's recording unless the accused person and their lawyer have had a fair chance to listen to it.
No one can force a protected witness to state their wishes about how they give evidence. People cannot call a protected witness to give evidence in any way other than an official recording unless they have considered the witness's wishes.
In new trials for domestic violence offences, prosecutors can use records of the original evidence from the first trial. The accused person must be given reasonable access to these recordings, but they cannot keep their own copies.
Complainants and special witnesses in new trials are generally not forced to give further oral evidence unless the court decides it is necessary for justice or to clarify new information. If they choose to give further oral evidence, they can then be compelled to testify for both the prosecution and the accused.
The court can block the use of original evidence recordings in a new trial if it would unfairly disadvantage the accused person.
The trial judge must warn the jury not to judge the accused person or the weight of the evidence based on the fact that it was given as a recording.
For certain sexual offence cases under a pilot scheme, the court must hold a 'ground rules hearing' before the complainant gives evidence. At this hearing, the prosecutor and the accused's lawyer must attend, and the court must consider the complainant's support and communication needs.
Police officers must record interviews with people who may be protected witnesses in sexual offence investigations if the regulations require it.
Domestic violence victims and witnesses are included in the group of people who cannot be forced to attend committal proceedings unless the judge finds special reasons why it is in the interests of justice.
The rules for protected witnesses and recorded statements apply to apprehended domestic violence order proceedings as well as domestic violence criminal offences.
The Children's Court must follow specific criminal procedure rules for serious children's indictable offences and other indictable matters.