NSW government to introduce bill allowing pre-recorded evidence for sexual assault complainants

The proposed changes, described by Mr Daley as 'commonsense', will permit police interviews recorded with complainants and special witnesses to be used as evidence-in-chief in adult sexual assault proceedings. Currently, such recordings are only admissible for complainants under 16 and those with a cognitive impairment.

'Sexual assault complainants and witnesses are especially vulnerable in our justice system,' Mr Daley said. '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.'

Under the reforms, complainants will still be required to appear for cross-examination and re-examination. A separate review due next year will consider the feasibility of allowing entirely pre-recorded evidence, including cross-examination.

Women's Safety Commissioner Hannah Tonkin welcomed the changes, saying complainants often had to give detailed accounts 'years after their assault', which 'takes an immense toll on their wellbeing, healing and recovery'. Allowing pre-recorded evidence-in-chief would enable them to 'give their account much earlier, in a safe setting, and to start rebuilding their lives sooner'.

However, advocacy group Fair Agenda, which has campaigned for full pre-recording of all evidence, expressed disappointment. Campaign manager Jacinta Masters said 'this is not what we've been asking for'. Fair Agenda has also argued that prosecutors, not police, should conduct the evidence-in-chief, as police interviews are designed for investigation rather than trial preparation.

The government will also pilot 'ground rules hearings' at Parramatta, Wollongong and Dubbo District Courts over three years. These hearings will be held before complainants give evidence, allowing the court to set the direction of proceedings and limit inappropriate questioning.

Analysis

Why This Matters

The reforms aim to reduce the trauma experienced by sexual assault complainants in the NSW justice system, where they often recount their experience multiple times and face invasive questioning.
By allowing pre-recorded evidence-in-chief, complainants can give their account closer to the time of the assault, potentially improving the quality of evidence and their wellbeing.
The limited scope — cross-examination is excluded until a future review — means the most stressful part of the trial remains unchanged for now, and advocates will continue to push for full pre-recording.

Background

Sexual assault trials in NSW have long been criticised for their adversarial nature, with complainants frequently describing the process as re-traumatising. Reforms to allow pre-recorded evidence for children and vulnerable witnesses have been in place for years. The current proposal extends similar protections to adult complainants but stops short of the full pre-recording model used in some other jurisdictions, such as Western Australia and parts of the United States. The government's separate review of cross-examination, due in 2027, will be closely watched.

Key Perspectives

Attorney-General Michael Daley (NSW Government): The reforms are a practical step to reduce trauma and improve evidence quality, building on existing protections for children. The government argues that police-recorded evidence-in-chief is workable and that ground rules hearings will curb inappropriate questioning. Fair Agenda (advocacy group): While welcoming the step forward, the group insists that full pre-recording — including cross-examination — is necessary. They raise concerns about police conducting evidence-in-chief and note that the change does not address the most distressing part of the trial for complainants. Women's Safety Commissioner Hannah Tonkin: Supports the reforms as a significant improvement, emphasising the benefit of allowing earlier accounts. She is likely to monitor the implementation and the upcoming cross-examination review.

What to Watch

The progress of the bill through the NSW Parliament, including any amendments that may extend the scope of pre-recording.
The outcomes of the ground rules hearing pilot at the three District Courts, which could shape whether the practice is expanded statewide.
The release of the separate review into cross-examination feasibility next year, which will determine whether NSW moves towards full pre-recorded evidence like some other jurisdictions.

Analysis

Why This Matters

Background

Key Perspectives

What to Watch

Sources