Page 4416 - Week 12 - Thursday, 24 October 2019
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know the scheme will be well administered by the Victims of Crime Commissioner within the ACT Human Rights Commission.
The evidence that exists from jurisdictions that have already implemented intermediary schemes tells us that the adoption of an intermediary scheme in the ACT will make a significant difference in helping vulnerable witnesses to be heard by the criminal justice system. Where an intermediary has been appointed, ground rules hearings allow the intermediary to inform the court of the communication needs of the witnesses and for the court to make any adjustments in the interest of justice. That is why it is important that this bill also establishes the legal framework for the use of ground rules hearings in the ACT.
These hearings may include rules about how a witness can be questioned, whether breaks are required, directions about support animals or other directions. Some examples from other jurisdictions include a court limiting cross-examination to 45 minutes; precluding the defence from putting the case to the complainant; and vetting a proposed list of questions to remove repetitious or unnecessary questions. Ground rules hearings provide an important opportunity for the complainant to have their needs considered and for adjustments to be made to the trial process to help them give evidence.
Perhaps one of the most important benefits of this bill is that the introduction of both intermediaries and ground rules will bring about a cultural shift in our justice system. The royal commission noted in its report that in other jurisdictions intermediaries and ground rules hearings had encouraged cultural change amongst the legal profession. These schemes demonstrated to the legal profession that eliciting evidence from vulnerable witnesses requires skill and planning and that traditional approaches have prevented some vulnerable witnesses from providing evidence effectively or even at all. Intermediaries and ground rules hearings have been a very valuable resource, showing the legal profession in those jurisdictions better ways of eliciting evidence from vulnerable witnesses. I certainly hope the interaction of these reforms in the ACT will yield similar benefits.
While this bill addresses cultural change in the specific context of the courtroom, the government maintains its commitment to ensuring the lessons of the royal commission are learnt at a society-wide level. That is why we have already passed three other bills progressing the royal commission’s criminal recommendations. This bill is the fourth bill; however, it will not be the last in our set of reforms. We will continue to progress further reforms, legislative and non-legislative, to ensure the lessons from the royal commission have been learnt and that our community makes children’s safety an absolute priority. I commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
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