New Bill to Enhance Use of Remote Technology in Courts Passed to Support Victims

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

Victims and other court participants will benefit from the passing of a new bill today that enables greater use of audio and audiovisual technology in court proceedings, according to Courts Minister Nicole McKee.

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

Minister McKee highlighted the significant delays affecting the court system, particularly in criminal and family jurisdictions, and noted that the adoption of technology would help improve both timeliness and 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," said Minister McKee. "This Bill will provide the opportunity for those participants to be part of the process without being revictimized."

Key changes introduced by the Bill include:

Remote Observation: A new section allows victims and their support persons to remotely observe criminal trials and sentencing if suitable technology is available and deemed appropriate by a judicial officer or court registrar. This provision offers a safer option for victims to attend court and helps prevent potential retraumatization and intimidation that can occur during in-person appearances.

Use of Audio Links: The Bill allows the use of audio links, such as teleconferences, for criminal proceedings where defendants do not attend and for appropriate civil proceedings, including those in the Family Court.

Permanent AV Technology Provision: The Bill makes permanent a temporary amendment introduced under COVID-19 legislation, clarifying that the principle of open justice does not hinder the courts’ ability to conduct hearings using AV technology where suitable.

Minister McKee emphasized the importance of these technological advancements, noting that audiovisual technology is currently available in 136 courtrooms across 59 courts and tribunal buildings. She also pointed out that the one-way vision setup ensures that victims and their support persons can see the courtroom without being visible to the defendant.

"Introducing the option of audio is important as it provides a practical solution for remote areas where only telephone reception is available," she added.