NSW Right for Accused Persons to See and Hear Witnesses Giving Evidence

Criminal Procedure Amendment (Child Sexual Offence Evidence) Bill 2023

21 Nov 2023: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

Share this bill

Email Facebook X Bluesky

Topics

child sexual offences court proceedings criminal justice evidence rules witness rights

Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (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:

Accused persons have the right to see and hear a witness giving evidence; this applies whether the witness is there in person or on a video link.
Witnesses must give evidence at a pre-recorded hearing unless the Court orders otherwise.
The Court cannot grant leave for certain proceedings unless specific satisfaction criteria are met.
Witness intermediaries must follow the same rules as interpreters under the Evidence Act 1995.
The relevant authority must review the Act's policy objectives and terms three years after the 2023 Amendment Act began.

The Debate

What different members said when this bill was debated:

Abigail Boyd GRN

“I speak on behalf of The Greens as its spokesperson for gendered violence, domestic and family violence and sexual assault to support the Criminal Procedure Amendment (Child Sexual Offence Evidence) Bill 2023.”

Official source →

Susan Carter LIB

“I speak in debate on the Criminal Procedure Amendment (Child Sexual Offence Evidence) Bill 2023. Sexual offences against children are among the most heinous of crimes. Children should be protected and when they cannot be protected before the event, perpetrators must be prosecuted. Importantly, children should not be re‑traumatised by the very process of the prosecution.”

Official source →

Stephen Lawrence ALP

“I support the Criminal Procedure Amendment (Child Sexual Offence Evidence) Bill 2023.”

Official source →

Anthony D'Adam ALP

“The Criminal Procedure Amendment (Child Sexual Offence Evidence) Bill 2023 will expand the availability of prerecorded evidence hearings and witness intermediaries to child complainants and prosecution witnesses in all sexual offence matters across New South Wales. It also makes amendments to enhance the operation of those special measures and to ensure that they are available across the State.”

Official source →

News articles and press releases

Criminal Procedure Amendment (Child Sexual Offence Evidence) Bill 2023

Mr MICHAEL DALEY, Attorney General — 2023-09-20

When it was introduced in 2016, the Child Sexual Offence Evidence Program was a key initiative aimed at reducing the stress and trauma experienced by child complainants and child prosecution witnesses in sexual offence proceedings. It also aimed to help those witnesses give their best evidence. The program does this through two special measures. First, eligible child complainants and prosecution witnesses can give the whole of their evidence, including cross-examination and re-examination, in prerecorded evidence hearings. This complements other provisions in the Criminal Procedure Act 1986 that enable a recording of the child’s interview with police to be admitted as the child’s evidence-in-chief. Second, witness intermediaries are available to assist with a child’s communication needs. Witness intermediaries are available at both the police investigative stage and at the court stage.