Evidence Bill 2025
Part 7 Witness assistance measures
Division 8 Video link separation and screening procedures
s. 286
page 222
(3) The regulations may make provision for the establishment of the1
witness intermediary service, including for or with respect to the2
following —3
(a) accreditation as a witness intermediary, including any4
qualifications, training or experience required and any5
circumstances that disqualify a person from acting as a6
witness intermediary (either generally or in a particular7
case);8
(b) ongoing training and assessment of witness9
intermediaries.10
286. Proceedings for which witness intermediary service is11
available12
(1) The witness intermediary service is available for the following13
proceedings —14
(a) a criminal proceeding;15
(b) a child protection proceeding;16
(c) any other civil proceeding in the circumstances (if any)17
provided for by the regulations.18
(2) The regulations may provide that the witness intermediary19
service is available only for a proceeding in a specified area or20
areas.21
(3) For the purposes of subsection (2), an area may be specified by22
reference to —23
(a) the area in which an offence occurred or is alleged to24
have occurred; or25
(b) the area in which a court hears or is to hear a26
proceeding; or27
(c) any other matter.28
287. General functions of witness intermediary29
(1) The principal function of a witness intermediary is to facilitate30
communication to and by a witness for the purpose of ensuring31
Evidence Bill 2025
Witness assistance measures Part 7
Video link separation and screening procedures Division 8
s. 288
page 223
that any evidence given by the witness is as complete, accurate1
and coherent as possible.2
(2) A witness intermediary is an officer of the court.3
(3) As an officer of the court, a witness intermediary has an4
overriding duty to the court to act honestly and impartially in5
the exercise of their functions.6
(4) The regulations may make further provision for the functions of7
a witness intermediary.8
288. Specific functions in proceedings9
(1) If there is a witness intermediary for a witness in a proceeding,10
any evidence given by the witness in the proceeding must be11
given in the presence of the witness intermediary.12
(2) A failure to comply with subsection (1) does not affect the13
admissibility of any evidence.14
(3) The witness intermediary may —15
(a) make recommendations to the court about how best to16
communicate with the witness; and17
(b) intervene in the questioning of the witness where a18
communication difficulty is identified; and19
(c) if requested by the judge, communicate and explain —20
(i) to the witness, questions put to the witness; and21
(ii) to the court, evidence given by the witness.22
(4) The witness intermediary must comply with any directions of23
the court in exercising the witness intermediary’s functions.24
(5) A witness intermediary who exercises functions in a courtroom25
or in connection with a special procedure for giving evidence26
must either take an oath, or make an affirmation, in a form27
directed by the court, that they will exercise their functions as a28
witness intermediary to the best of their ability.29
Evidence Bill 2025
Part 7 Witness assistance measures
Division 8 Video link separation and screening procedures
s. 289
page 224
(6) The appointment of a witness intermediary for a witness does1
not prevent the witness —2
(a) having a support person under section 231 while giving3
evidence; or4
(b) using a communicator under section 233 to give5
evidence.6
289. Assessment of whether witness requires witness7
intermediary8
(1) In any proceeding for which the witness intermediary service is9
available, the court may request an assessment (a witness10
assessment) of whether a witness requires the assistance of a11
witness intermediary to give evidence in the proceeding.12
(2) A witness assessment must be carried out by an accredited13
witness intermediary.14
(3) A court may request a witness assessment —15
(a) on the application of a party; or16
(b) on the court’s own initiative.17
(4) The regulations may make further provision for witness18
assessments.19
290. Witnesses who are eligible for witness assessment20
(1) A court must request a witness assessment in relation to a21
witness —22
(a) if the proceeding is a criminal proceeding and the23
witness is a child (other than the accused) under24
10 years of age when the proceeding commences; or25
(b) if the proceeding is a criminal proceeding for a sexual26
offence and the witness is a child who is the27
complainant.28
(2) Subsection (1)(b) does not apply if the court is satisfied that a29
witness assessment is not necessary.30
Evidence Bill 2025
Witness assistance measures Part 7
Video link separation and screening procedures Division 8
s. 291
page 225
(3) The court must state its reasons for not requiring a witness1
assessment in a case referred to in subsection (1)(b).2
(4) A court may request a witness assessment in relation to a3
witness not referred to in subsection (1), other than an4
accused —5
(a) if the proceeding is a child protection proceeding and6
the witness is the affected child; or7
(b) if the witness is a special witness; or8
(c) if the witness appears to have specific communication9
needs and to require the assistance of a witness10
intermediary to give evidence that is as complete,11
accurate and coherent as possible; or12
(d) if the court otherwise considers it appropriate.13
(5) The regulations may specify other circumstances in which the14
court may request a witness assessment in relation to a witness.15
(6) The court, when deciding whether to request a witness16
assessment (other than as required by subsection (1)(a)) —17
(a) must have regard to the submissions of the parties and to18
the views of the witness; and19
(b) may inform itself as it thinks fit.20
291. Appointment of witness intermediary in proceeding21
(1) A court must appoint an accredited witness intermediary as a22
witness intermediary for a witness in a proceeding if —23
(a) the witness intermediary service is available for the24
proceeding; and25
(b) a witness assessment requested by the court indicates26
that the witness requires the assistance of a witness27
intermediary to give evidence in the proceeding; and28
(c) the court is satisfied, having regard to the witness29
assessment, that the witness requires the assistance of a30
witness intermediary to give evidence in the proceeding.31
Evidence Bill 2025
Part 7 Witness assistance measures
Division 8 Video link separation and screening procedures
s. 292
page 226
(2) Subsection (1) does not apply if the court is satisfied that —1
(a) there is no witness intermediary available to meet the2
needs of the witness; or3
(b) it is otherwise impractical to appoint, or utilise the4
services of, a witness intermediary.5
(3) If a witness assessment indicates that a witness who is a child6
when the assessment is made requires the assistance of a7
witness intermediary to give evidence in the proceeding, the fact8
that the witness reaches 18 years of age during the proceeding9
does not affect that assessment.10
(4) The regulations may make further provision for the appointment11
of a witness intermediary in a proceeding, including the12
duration of the appointment.13
292. Witness who declines witness assessment or services of14
witness intermediary15
(1) Despite any other provision of this Division, a court may decide16
not to request a witness assessment or to dispense with the17
services of a witness intermediary if satisfied that the witness18
has decided to decline the witness assessment or the services of19
a witness intermediary.20
(2) The court must be satisfied that —21
(a) the witness understands their decision and its effect; and22
(b) the witness’s decision was made freely and voluntarily.23
(3) A witness must not be questioned in a proceeding about a24
decision to decline a witness assessment or to give evidence25
without the assistance of a witness intermediary except by or26
with the approval of the court for the purposes of satisfying this27
section.28
(4) In a criminal proceeding before a jury, the judge, the prosecutor,29
the accused or the accused’s legal counsel must not comment to30
the jury about a decision by a witness to decline a witness31
Evidence Bill 2025
Witness assistance measures Part 7
Communication directions Division 9
s. 293
page 227
assessment or to give evidence without the assistance of a1
witness intermediary.2
(5) Subsection (4) does not prevent a judge from directing the jury3
about a contravention of that subsection by the prosecutor, the4
accused or the accused’s legal counsel if it is in the interests of5
justice to do so.6
Division 9 — Communication directions7
293. Term used: communication directions8
In this Division —9
communication directions has the meaning given in10
section 294(1).11
294. Communication directions relating to witnesses12
(1) A court may give directions (communication directions) in13
relation to a witness for the purpose of ensuring that the14
communication, support or other needs of the witness in a15
proceeding are met in a manner that is fair and effective.16
(2) Without limiting subsection (1), the court may give17
communication directions relating to any of the following18
matters —19
(a) the manner in which a witness must be questioned;20
(b) the duration of questioning and breaks in questioning;21
(c) the questions that may, or must not be, put to a witness22
(including by giving directions about disallowable23
questions under section 50);24
(d) if there are more than 2 parties — the allocation among25
them of topics about which a witness may be26
questioned;27
(e) the use of models, plans, maps or similar aids to28
question a witness;29
(f) the cross-examination of a witness;30
Evidence Bill 2025
Part 7 Witness assistance measures
Division 9 Communication directions
s. 295
page 228
(g) if a party intends to lead evidence that contradicts or1
challenges the evidence of a witness or that otherwise2
discredits a witness — that the party is not obliged to3
put that evidence in its entirety to the witness in4
cross-examination.5
(3) If a court requests a witness assessment for a witness, the court6
must have regard to that witness assessment in deciding whether7
to give any communication directions.8
295. Ground rules hearing9
(1) A court may hold a hearing (a ground rules hearing) for the10
purposes of —11
(a) considering the communication, support or other needs12
of a witness; and13
(b) deciding whether any communication directions should14
be made to meet those needs fairly and effectively.15
(2) A ground rules hearing may be held —16
(a) on the application of a party; or17
(b) on the court’s own initiative.18
(3) An application for a ground rules hearing may be made to the19
court orally or in writing.20
(4) A court must hold a ground rules hearing in relation to a witness21
if a witness intermediary has been appointed for the witness,22
unless subsection (5) applies.23
(5) A court may give communication directions in relation to a24
witness, without holding a ground rules hearing, if —25
(a) the communication directions have been agreed by the26
parties and the witness intermediary (if any) for the27
witness; and28
(b) the court is satisfied that those communication29
directions are appropriate.30
Evidence Bill 2025
Witness assistance measures Part 7
Communication directions Division 9
s. 296
page 229
296. Timing of ground rules hearing1
(1) If a ground rules hearing is to be held, it must, if practicable, be2
held a reasonable period before the commencement of any3
hearing at which the witness is to give evidence.4
(2) The court may extend the time for holding the ground rules5
hearing if the court considers that it is in the interests of justice6
to do so.7
(3) The court may extend the time under subsection (2) —8
(a) before or after the time expires; and9
(b) more than once.10
297. Conduct of ground rules hearing11
(1) The following persons must attend a ground rules hearing —12
(a) in a criminal proceeding — a person acting for the13
prosecution and the legal counsel acting for the accused14
or, if the accused is unrepresented, the accused;15
(b) in a civil proceeding — the legal counsels of the parties16
or, if a party is unrepresented, the party (other than the17
affected child in a child protection proceeding);18
(c) any witness intermediary for the witness in the19
proceeding.20
(2) A witness is not required to attend a ground rules hearing.21
(3) The court may order that a ground rules hearing be held in the22
absence of a witness if a witness intermediary has been23
appointed for the witness.24
(4) Rules of court may provide for ground rules hearings.25
298. Other powers of court not affected26
This Division does not affect any other power of a court to give27
directions about the questioning of a witness.28
Evidence Bill 2025
Part 7 Witness assistance measures
Division 10 Access to and use of protected recordings
s. 299
page 230
Division 10 — Access to and use of protected recordings1
299. Terms used2
In this Division —3
Director of Public Prosecutions means —4
(a) the Director of Public Prosecutions appointed under the5
Director of Public Prosecutions Act 1991 section 5; or6
(b) a person acting in that office under section 8 of that Act;7
protected recording means —8
(a) a visual recording or audio recording of an out-of-court9
representation made to a police officer of this State,10
being a representation that may be admitted into11
evidence under Division 3 (whether or not it has been12
admitted under that Division); or13
(b) a recorded statement that is admissible as evidence14
under Division 4 or created for use as evidence under15
Division 4 (whether or not it has been admitted under16
that Division); or17
(c) a recorded interview that is admissible as evidence18
under Division 5 or made for use as evidence under19
Division 5 (whether or not it has been admitted under20
that Division); or21
(d) a visual recording or audio recording of evidence given22
under a special procedure for giving evidence.23
300. Possessing or supplying protected recordings24
(1) A person must not, without authority —25
(a) be in possession of any protected recording; or26
(b) supply or offer to supply any protected recording to any27
person.28
Penalty for this subsection: imprisonment for 2 years or a fine of29
$24 000.30
Evidence Bill 2025
Witness assistance measures Part 7
Access to and use of protected recordings Division 10
s. 300
page 231
(2) A person has authority for the purposes of subsection (1) only if1
the person is —2
(a) a police officer acting in the course of the police3
officer’s official duties; or4
(b) the Director of Public Prosecutions or a person acting5
under the authority of the Director of Public6
Prosecutions; or7
(c) legal counsel acting for or representing the State; or8
(d) legal counsel for a party to a proceeding to which the9
protected recording relates, or a person engaged by legal10
counsel for a party to the proceeding to which the11
protected recording relates, acting for a purpose12
connected with the conduct or defence of the13
proceeding; or14
(e) a public official acting in good faith for a purpose15
connected with the person’s duties as a public official;16
or17
(f) acting as authorised by a court; or18
(g) acting as authorised by this Act or regulations made for19
the purposes of this paragraph; or20
(h) acting as authorised by the Criminal Investigation21
Act 2006.22
(3) A person is not entitled to be in possession of any protected23
recording relating to an offence of which the person is accused24
and, accordingly, has no authority to possess, supply, or offer to25
supply, that protected recording.26
(4) Subsection (3) continues to apply after any prosecution of the27
offence has been completed or terminated.28
(5) This section does not prevent an accused from being in29
possession of a protected recording that is a recording of30
evidence given by that accused.31
Evidence Bill 2025
Part 7 Witness assistance measures
Division 10 Access to and use of protected recordings
s. 301
page 232
Compare:1
Evidence Act 1906 s. 106MA2
301. Altering or destroying original protected recording3
(1) A person must not, without authority, alter or destroy or permit4
another person to alter or destroy an original version of a5
protected recording.6
Penalty for this subsection: imprisonment for 2 years or a fine of7
$24 000.8
(2) A person has authority for the purposes of subsection (1) only if9
the person is —10
(a) a public official acting in good faith for a purpose11
connected with the person’s duties as a public official;12
or13
(b) acting as authorised by a court; or14
(c) acting as authorised by this Act or regulations made for15
the purposes of this paragraph; or16
(d) acting as authorised by the Criminal Investigation17
Act 2006.18
Compare:19
Evidence Act 1906 s. 106MA20
302. Altering copy of protected recording21
A person must not alter a copy of any protected recording unless22
the person has authority to be in possession of the protected23
recording.24
Penalty: imprisonment for 2 years or a fine of $24 000.25
303. Copying protected recording26
(1) A person must not, without authority, copy or permit another27
person to copy any protected recording.28
Penalty for this subsection: imprisonment for 2 years or a fine of29
$24 000.30