Victims to benefit from Remote Participation Bill

Court participants, particularly victims, will benefit from the passing of a bill today that will enable greater use of audio and audiovisual technology in court proceedings, Courts Minister Nicole McKee says.

The Courts (Remote Participation) Amendment Bill which makes targeted amendments to the Courts (Remote Participation) Act 2010 and the Criminal Procedure Act 2011 passed its third reading in Parliament.

"The court system - particularly in the criminal and family jurisdictions - is experiencing significant delays which are keenly felt by all participants. The use of technology will help when it comes to both timeliness and improving access to justice.

"This is going to make a huge difference to court participants, especially the victims. It alleviates the stress and expense of travel, but also removes the trauma of being in the same room as the perpetrators. I believe that this Bill will provide the opportunity for those participants to be able to interact and feel they are part of the process, without being revictimised," Minister McKee says.

The Bill makes the following changes:

• introduces a new section to the Act which allows victims and support people to remotely observe a criminal trial and sentencing if they wish to if suitable technology is available and if a judicial officer or court registrar deems it appropriate. It provides a safe option for victims to attend court and helps avoid the potential for retraumatisation and intimidation that can sometimes happen when coming to court in person.
• allows the use of audio links such as teleconferences for criminal proceedings where defendants do not attend, and for appropriate civil proceedings (including the Family Court).
• makes permanent a currently temporary amendment under COVID-19 legislation, clarifying that the principle of open justice does not affect the courts' ability to conduct hearings by AV technology where appropriate.

"We currently have audiovisual technology available in 136 of our courtrooms and 59 courts and tribunal buildings. When it comes to victims being able to watch it is one-way vision, so they and their support person can see the courtroom, but the defendant cannot view them.

"Introducing the option of audio is important as it provides an option for remote areas where all that is required is telephone reception.

"It was pleasing to see this Bill gain unanimous support across the House today as all parties recognised the benefits it will bring to our under-pressure courts and the victims impacted by delays in justice."