The Minns Labor Government will reform the way adult sexual assault trials are run to reduce the distress and trauma experienced by complainants when giving evidence.
The reforms, to be introduced to NSW Parliament today, will ensure people who report sexual assault are better supported through the court process, while safeguarding the right to a fair trial.
Ground rules hearings pilot
Ground rules hearings will be introduced for adult sexual assault proceedings, as a pilot, backed by a $4.8 million investment in the 2026-27 NSW Budget.
Held before a complainant gives evidence, the hearings will allow the court to set clear directions for how they will be questions and identify any communication or support needs.
This could include how long questioning can go for, how questions are asked, what topics can be covered and what support may be needed while a complainant gives evidence.
The pilot will also require pre-trial discussion about relevant jury directions likely to be sought regarding consent, delay and differences in accounts.
These changes will help improve the overall quality of evidence in sexual assault trials – ensuring questions are appropriate, relevant and focused on the issues in dispute – without compromising the accused’s right to test the prosecution case.
The pilot will operate at Parramatta, Wollongong and Dubbo District Courts from 2027 until 2030. Ground rules hearings are already used for child sexual assault proceedings in NSW.
Recorded evidence in chief
Recorded police interviews with complainants and special witnesses will be able to be used as evidence in chief in adult sexual assault proceedings.
This will help minimise distress and trauma for complainants who will only be required to provide their evidence in chief once including in case of retrial.
These recordings are currently admissible as evidence in chief for children under 16 and people with a cognitive impairment.
Recorded police evidence in chief is also used in domestic violence prosecutions. Our reforms will extend Domestic Violence Evidence in Chief (DVEC) provisions to standalone Apprehended Domestic Violence Order (ADVO) proceedings even if there are no criminal charges.
A separate statutory review of the Child Sexual Offence Evidence Program beginning early next year will consider the feasibility of allowing adult sexual assault complainants to pre-record the entirety of their evidence, including cross-examination and re-examination.
Sexual Assault Communications Privilege
The Government will also strengthen protections around the private counselling records of sexual assault complainants as an independent research project considers broader changes, including whether they should be prohibited from use in all criminal proceedings.
The Criminal Procedure Act 1986 will be amended to ensure courts can only consider complainants’ communications records when it is necessary, as opposed to inspecting materials automatically or out of an abundance of caution.
Other changes will codify in law the requirement to seek leave to access records that have been produced in court.
This comes on top of the University of Sydney-led research, due to report back in mid-2027, which is examining how Sexual Assault Communications Privilege is operating and considering alternative models and options for reform.
These changes will be complemented by the rollout of specialist legal support, announced last month, to help sexual assault complainants navigate the justice system.
In addition, NSW’s first independent Victims of Crime Commissioner has been appointed to advocate for victim-survivors of crime, including sexual violence, on a systemic level.
Attorney General Michael Daley said:
“These commonsense reforms will go a long way towards making it less traumatising for sexual assault complainants to seek justice. Sexual assault complainants and witnesses are especially vulnerable in our justice system. We want to help them give their best evidence by ensuring they do not need to tell their story multiple times and deterring inappropriate and irrelevant questioning in court.
“These changes will make the trial process more robust, mirroring practices already in place for child sexual assault prosecutions. It is part of the Government’s ongoing work to improve the experience of complainants in the criminal justice system.”
Minister for Women and Minister for the Prevention of Dometic Violence and Sexual Assault Jodie Harrison said:
“We know that victim-survivors often find reporting sexual assaults incredibly hard and the justice process can sometimes be distressing. The Minns Labor Government is taking action to make sure the trial process doesn’t re-traumatise victim-survivors, and they can give their best evidence. These reforms are an important part of the wider work we are doing to support victim-survivors, through justice system navigators and in healing and recovery.”
Full Stop Australia CEO Karen Bevan said:
“These are steps in the right direction for victim-survivors of sexual assault, and we welcome the ground rules hearings pilot, the use of recorded police interviews as evidence in chief and tighter limits on access to counselling records. We look forward to working with the Government to extend these reforms so that every victim-survivor in NSW benefits from them.”
Women’s Safety Commissioner Dr Hannah Tonkin said:
“These reforms represent a positive step towards a more trauma-informed legal process for victim-survivors of sexual assault.”
“Many sexual assault complainants are required to give detailed evidence years after their assault, and they are often subjected to inappropriate questioning that is of little relevance to the issues in dispute. This takes an immense toll on their wellbeing, healing and recovery.
“Allowing complainants’ pre-recorded evidence in chief to be used during sexual assault trials will enable them to give their account much earlier, in a safe setting, and to start rebuilding their lives sooner. This will significantly reduce the trauma experienced by those pursuing justice, while also improving the quality of their evidence.
“Similarly, the introduction of ground rules hearings will reduce stress for complainants and improve the precision of their evidence and the efficiency of trials by ensuring that questions directed at the complainant are appropriate, relevant, and focused on the issues in dispute.”
Unions NSW Secretary Thomas Costa said:
“People who make sexual assault complaints in the NSW criminal justice system are too often subjected to treatment that is humiliating, harmful and, in many cases, cruel. We commend the NSW Attorney General and the Minns Government for introducing these much-needed protections in sexual assault matters.
“Unions NSW supports the appointment of an Independent Commissioner in NSW to advocate for people who experience crime, including sexual assault. We look forward to continuing to work with the Minns Government to make the justice system fairer, particularly in sexual assault matters.”