Courts are best assisted to hear and determine matters where witnesses and complainants are supported to present their best evidence, in the interests of the administration of justice.
By Floyd Alexander-Hunt -
Critical upgrades have been made to 45 courthouses across metropolitan and regional NSW, as part of a $9 million investment to create safe spaces for vulnerable witnesses.
Attorney General Mark Speakman said the modern facilities will help empower domestic and sexual violence survivors to give their best evidence in court, and were made possible by COVID-19 stimulus funding from the previous Federal Government.
There are now 84 safe rooms and 154 remote witness rooms available across the state.
“Retraumatising a complainant does not advance justice,” Speakman said.
“Courts are best assisted to hear and determine matters where witnesses and complainants are supported to present their best evidence, in the interests of the administration of justice.
“These new and upgraded facilities give vulnerable witnesses the private, secure areas they need to prepare for court and to provide evidence,” said Speakman.
Safe rooms are private rooms within a courthouse that allow vulnerable witnesses a space to prepare for court. Remote witness rooms are connected to the courthouse and provide an area for witnesses to give testimony via audio visual link. This will allow vulnerable witnesses to provide evidence without having to face their perpetrator or other people in court.
Under NSW domestic violence reforms, complainants in domestic violence proceedings have a prima facie entitlement to provide evidence remotely via audio-visual link and in a closed court.
“Cross-examination is an important part of the justice process because it safeguards convictions for crimes of sexual and domestic violence by ensuring a fair trial,” Speakman said.
“These [new upgrades] seek to minimise the stress and trauma of giving evidence in court for those witnesses, and empower them to engage with the justice process to deliver their evidence.”
Mark Speakman, NSW Attorney General
Minister for Women’s Safety and the Prevention of Domestic and Sexual Violence Natalie Ward explained that the prospect of facing an alleged abuser, or their family, is traumatic and stressful victims.
“These new safe rooms and remote witness facilities enhance support for the courageous victims who come forward to report abuse,” said Ward.
“The NSW Government is committed to supporting victim-survivors if they choose to report to police, and it is crucial these facilities are available to support them and help alleviate the trauma of coming to court.”
Aside from the recent court upgrades, the NSW Government has passed significant legislative reforms to ensure a fair trial for survivors of domestic violence and sexual violence. This includes affirmative consent reforms and five new jury directions to address common misconceptions about sexual assault.
An investment of $5.6 million has also been made to implement coercive control reforms. This funding will be used to train and educate police, lawyers, and judges about coercive control. It will also be used to raise public awareness.
Finally, the ban on self-represented defendants cross-examining complainants in a sexual offence matter has been expanded to domestic violence criminal and related proceedings. Instead, the complainant is cross-examined by an intermediary Court Appointed Questioner.
