Trauma of victims and witnesses focus of court overhaul

Rachael Ward |

New legislation in Victoria will allow some victims to give pre-recorded evidence in court cases.
New legislation in Victoria will allow some victims to give pre-recorded evidence in court cases.

A major shake-up of Victoria’s court system will spare victims of stalking, sex assault and family violence the trauma of being cross-examined multiple times.

The government’s overhaul of committal hearings, an early stage of the court process that decides if a matter goes to trial, has opposition support and will come into force 12 months after it passes parliament.

The Justice Legislation Amendment Bill introduced on Tuesday would compel victims and witnesses to give evidence at trials, however not in earlier court appearances, as part of a package of reforms designed to reduce stress and trauma.

Children and people with cognitive impairments will be allowed to pre-record their evidence on video, which is already done in sexual assault cases, bringing Victoria into line with NSW and Queensland.

Homicide cases will be fast-tracked to the Supreme Court and accused adults already in custody will be allowed to face a committal hearing by a videolink, meaning fewer people will have to be transported to court each day.

Victorian Attorney-General Jaclyn Symes (file image)
Victorian Attorney-General Jaclyn Symes wants to minimise victim trauma during the court process. (Joel Carrett/AAP PHOTOS)

The government says the proposed changes will improve case management with magistrates able to identify issues and resolve them at an early stage.

A number of the changes were proposed by Victorian Law Reform Commission and further reforms may be considered in the future.

Attorney-General Jaclyn Symes says victims and witnesses dread giving repeat evidence.

“My motivation is predominantly around the retraumatisation of victims and witnesses in family violence, sexual offence and stalking matters,” Ms Symes told reporters at parliament.

“There’s really mixed reviews in relation to stakeholders of what they think we should do in this space.

“The most compelling evidence put to me is that when you have sexual offence cases in particular, but (also) family violence and stalking matters, where witnesses are being cross examined in a committal process then having to repeat that process because the case is proceeding – that’s unacceptable.” 

Ms Symes said changes to in-person requirements at committal hearings were designed to streamline processes rather than being a cost saving measure and would free up more time in the Magistrates’ Court.

Opposition Leader John Pesutto backed the push, describing committal hearings as an added administrative burden, suggesting the process should be eliminated all together.

“We’ve long had the view that there are gains that can be achieved by removing committals from the system,” he said.

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AAP