Streamlining Committals and Strengthening Witness Protections

Justice Legislation Amendment (Committals) Bill 2024

1st House

2nd House

Law


Links to Info on Official Parliament Websites:



Effects of Bill:

This bill being passed means that:

The existing “committal test” (where a magistrate determines whether sufficient evidence exists to send an indictable offence to trial) will be abolished.

Adults and other relevant persons will be more routinely allowed to appear via audiovisual link (AVL) at committal proceedings, reducing the need for physical court presence.

The default process for cross-examination of witnesses at the committal stage in sexual offence, family violence and stalking cases will be prohibited, meaning such witnesses will not be cross-examined twice (once in committal, again at trial).

For other cases (outside those categories) the threshold (“test”) for a magistrate to grant leave for cross-examination at committal will be strengthened (i.e., tougher criteria).

There will be provision for “early committal” of certain serious cases (for example to the Supreme Court) so that the case moves faster in the justice system.

The overall committal process will be streamlined — reducing duplication, shortening timeframes, reducing pre-trial hearings — with the aim of reducing delays and trauma for victims/witnesses.


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