This section maps the Act’s operative concepts and how the definitions structure eligibility and remedy choice.

• Affected child and affected person (s 3). "Affected child" is defined expansively to capture children who are subjects of s 42 applications under the Children, Young Persons and Their Families Act 1997, children giving or to give evidence about family violence or certain Criminal Code offences, children in relation to many specified sexual and violent offences listed at s 3(b)(i), witnesses of those offences (s 3(ca)) and other listed categories added by amendment notes. "Affected person" then encompasses affected children, adults who were victims as children, and prescribed witnesses (s 3 definition). These definitions gate access to many measures: e.g. s 6B requiring audio visual evidence applies to affected children and prescribed witnesses unless a s 7 order excludes it.

• Prescribed proceeding and specified proceeding (s 3). The Act operates in "prescribed proceedings" (including s 42 Children Act applications, family violence prosecutions and other listed offence proceedings) and "specified proceedings" (proceedings in which a person has been charged with a specified offence as defined in s 3). The practical effect is that the special measures are targeted to a set of offence types and related civil family or children’s proceedings, rather than to all court business.

• Special witness (s 8). This is a status a judge may declare where a witness is, or is likely to be, unable to give evidence satisfactorily due to intellectual, mental or physical disability or likely to suffer severe trauma or to be intimidated or distressed (s 8(1)). A special witness attracts a subset of measures (support persons, AV link, special hearing, exclusion from trial, use of screen/one-way glass, limits on courtroom attendance).

• Special hearing and audio visual record (ss 6, 6A, 7A, 7B). The prosecutor may apply for orders that an affected person’s evidence be taken at a special hearing, recorded and then presented to the court as the evidence (s 6(1)(a)). A judge may hold a special hearing where it is in the interests of justice and if the witness consents (s 6A(2)). Audio visual records are mandatory where facilities are available for affected persons and special witnesses at trial (s 7A(1)) and may be admitted in later proceedings if relevant and not contrary to the interests of justice (s 7B(1)).

• Prior statements and audio visual statements (ss 5, 5A). Section 5 allows admission of a recorded prior statement of an affected child or prescribed witness in prescribed or specified proceedings if it relates to a matter in issue, the defendant has a copy and the defendant is given the opportunity to cross-examine (s 5(1)). Section 5A (inserted 2023) allows an audio visual statement taken by an investigating official to be tendered or treated as the witness’s evidence in chief for certain witness categories (child witnesses, alleged victims of sexual or family violence offences, or special witnesses), subject to judicial discretion if it would be contrary to the interests of justice (s 5A(3)-(4)).

• Intermediary scheme (Part 2A, ss 7E-7M). Key concepts: "communication need" means the witness’s capacity to understand, process or express information may significantly diminish the quality or clarity of evidence (s 7F(1)); the Secretary establishes an intermediaries panel of suitably qualified persons (s 7G); a judge must order an assessment report in prescribed classes of specified proceedings and may order distribution (s 7I); a witness intermediary’s functions include assessing communication needs, preparing reports and advising the judge and lawyers during proceedings, while acting impartially (s 7H); judges must make witness intermediary orders where an assessment shows the intermediary will assist (s 7J); and ground rules hearings to set how questioning will occur are mandatory for prescribed witnesses (s 7K).

• Cross-examination restrictions (Part 4, s 8A). In any prescribed proceeding the defendant may not personally cross-examine an alleged victim unless cross-examination is undertaken by counsel (s 8A(1)). For specified proceedings, defendants may not cross-examine prescribed witnesses unless counsel conducts the cross-examination (s 8A(1B)). When a defendant is unrepresented and a witness falls within these provisions, the judge must warn the defendant, inform them of potential legal aid (s 8A(2)), and may order legal aid be provided (s 8A(3)). The Legal Aid Commission must provide legal aid for cross-examination when ordered despite income/assets tests (s 8A(3B)).

• Information control and confidentiality (ss 7C-7D, 7I). The Act tightly controls possession, copying and supply of audiovisual recordings of evidence. Unauthorised possession or dealing is an offence with a fine up to 50 penalty units (s 7C(1)-(2)), but authorised possession is specified (e.g. public officials for court purposes, police for training with Commissioner authorisation, Crown Law Officer or judge for proceedings) at s 7C(3). The judge may also make non-reviewable orders regarding distribution and security of assessment reports (s 7I(5)-(6)).

These concepts are designed to be modular. The judge is the central decision-maker who decides which measures apply in a given case, taking account of consent where required (s 6A(2)(b), 7AA(2)(a)) and the interests of justice test that recurs through the Act (see ss 6A, 5A, 7B).

The Act creates distinct groups of persons with different entitlements, duties or constraints. Key categories and the statutory hooks are:

• Children and affected children. A "child" is any person under 18 (s 3). An "affected child" is a child who is the subject of a s 42 Children, Young Persons and Their Families Act application, a child giving evidence about family violence or certain Criminal Code offences, or a child alleged to have been subject to a list of serious sexual and violent offences in the Criminal Code (s 3). Affected children are entitled to special measures such as a support person (s 4), evidence by audio visual link (s 6B(1)), admission of prior statements (s 5) and audiovisual records at trial (s 7A).

• Affected persons more broadly. "Affected person" includes affected children, adults who were victims as children, and prescribed witnesses (s 3). Affected persons may attract the Act’s measures: support persons (s 4), special hearings (ss 6, 6A), AV links (s 6B) and audiovisual recording (s 7A).

• Prescribed witnesses and prescribed proceedings. "Prescribed witness" is a witness in respect of whom a witness intermediary order is made under s 7J (s 3). "Prescribed proceeding" picks up many family violence and child protection related processes and particular Criminal Code offences (s 3). A prescribed witness in a specified proceeding is subject to the intermediary scheme, ground rules hearings and counsel-only cross-examination requirements in many cases (ss 7I-7K, 8A).

• Special witnesses. Judges may declare a person a "special witness" where disability, age, cultural background or other relevant factors mean the witness will be unable to give evidence satisfactorily or may suffer severe trauma (s 8(1)). Special witnesses are eligible for similar measures to affected persons, and judges may make specific orders including a support person, AV link, special hearing, exclusion from trial and seeing the defendant only behind a screen or one-way glass (s 8(2)).

• Defendants. Defendants are affected in multiple ways. They must be served with applications under s 6(2) and are entitled to be heard on those applications. Defendants’ trial rights are constrained in that they may be required to have counsel conduct cross-examination of certain witnesses (s 8A); evidence of certain witnesses may be presented by audiovisual recording rather than live (s 6(1)(a), s 6A) and prior statements or AV statements may be admitted as evidence in chief (s 5, s 5A). Defendants’ rights to be present are also subject to orders excluding the affected person from the trial (s 6(1)(b), s 8(2)(iic)).

• Judges and courts. Judges have extensive decision-making power. They make orders under ss 4, 5, 6, 6A, 6B, 7, 7AA, 7A, 7B, 8, 7I, 7J and 7K; may act on their own motion in some circumstances (ss 6A(1), 8(2)(a)); and are expressly not bound by the rules of evidence when making decisions under the intermediary Part (s 7L). Some orders are non-reviewable and non-appealable (s 7I(6), s 7J(4)).

• Prosecutors, police and Crown Law Officers. Prosecutors may apply for special hearings and other measures (s 6(1), s 9(1)); police are both potential users and controllers of AV recordings (7C(3)(ab)); Crown Law Officers, judges and court registrars may authorise possession and use of recordings (s 7C(3)(b)).

• Secretary and administrative agencies. The Secretary of the Department must create and maintain an intermediaries panel and allocate panel members to cases when ordered (s 7G(1), (3)). The Minister (or Minister for Justice and Industrial Relations until changed by administrative arrangements) remains the named administrator of the Act pending any Administrative Arrangements Order (s 11).

• Witness intermediaries and professional service providers. The Act creates a statutory role for witness intermediaries and sets entry criteria for the panel (s 7G(2) requires tertiary qualifications in psychology, social work, speech pathology or occupational therapy or suitable training/skills). Their functions (s 7H) include preparing assessment reports, advising judges and lawyers and assisting during proceedings. Intermediaries must act impartially (s 7H(2)) and generally take an oath before acting in a proceeding (s 7H(3)-Schedule 1), except when preparing reports or attending ground rules hearings (s 7H(4)).

• Legal Aid Commission of Tasmania. When a judge orders assistance under s 8A(3), the Legal Aid Commission must provide legal aid for the purpose of cross-examining the witness despite income/assets tests or guidelines (s 8A(3B)). The judge must also provide a copy of such an order to the Director at least 14 days before the witness is to give evidence (s 8A(3A).

• Law reform bodies. The Attorney-General may permit a prescribed law reform body to view de-identified AV recordings when all proceedings are concluded and subject to conditions (s 7D).

In short, the Act primarily affects vulnerable witnesses and the legal and administrative actors who must adapt procedure to enable that witness to give evidence effectively. It creates specific roles and obligations for courts, secretariat structures for intermediaries and statutory interactions with legal aid and prosecution services.

This Part records the Act’s operative duties, rights and mandatory processes and identifies who must act and what they may expect.

• Right to a support person while giving evidence (s 4). A child or affected person "is entitled" to have a person approved by the judge near them for the purpose of providing support when giving evidence (s 4(1)). Judges may approve only persons who are not, and are not likely to be, witnesses or parties in the proceeding (s 4(2)). Who decides: judge. Compliance duty: court registry and advocates must identify and vet the proposed support person.

• Admission of prior statements (s 5). In prescribed or specified proceedings, the judge may admit a recorded prior statement of an affected child or prescribed witness if it relates to a matter in issue, the defendant has been given a copy of the record, and the defendant is given the opportunity to cross-examine the witness (s 5(1)(a)-(c)). This does not affect the operation of s 61 Justices Act 1959 (s 5(2)). Who decides: judge. Defence right: to have copy of record and opportunity to cross-examine.

• Audio visual statements admissible as evidence in chief (s 5A). For specified witness classes (child witnesses, alleged victims of sexual or family violence, special witnesses), an audio visual statement taken by an investigating official "may be tendered or treated as all or part of the evidence in chief" of the witness (s 5A(3)), unless the judge considers it contrary to the interests of justice (s 5A(4)). Defence retains the right to cross-examine (s 5A(5)). Who decides: judge has discretion to exclude under interests of justice test.

• Special hearings and AV recording (ss 6, 6A, 7A, 7B). Prosecutor may apply for orders that an affected person’s evidence (including cross and re-examination) be taken at a special hearing, audio visually recorded, and presented as that person’s evidence at trial (s 6(1)(a)(i)-(ii)); the judge may also order the affected person not be present at trial (s 6(1)(b)). The judge may make orders "as the judge thinks fit" when hearing such an application (s 6A(1)). A special hearing may be ordered where the judge is satisfied it is in the interests of justice and the witness consents (s 6A(2)). At trial, an audio visual record must be made of affected person’s or special witness’s evidence where facilities are available (s 7A(1)), and such records form part of court records (s 7A(3)). A judge must admit an AV record into evidence in later proceedings if satisfied it is relevant and admission would not be contrary to the interests of justice (s 7B(1)). Judges may edit recordings to remove irrelevant or inadmissible material before admitting (s 7B(2)). Who decides: judge; prosecutor can apply.

• AV link procedure and courtroom presence restrictions (s 6B). Evidence of affected children and prescribed witnesses is to be given by AV link except where a s 7 order states otherwise (s 6B(1)). While giving evidence by AV link, only limited persons may be in the room with the witness: a judge-approved support person (s 4), one court employee and, for prescribed witnesses, a witness intermediary (s 6B(2)). For special witnesses, parallel presence restrictions apply (s 8(6)). Who decides: default rule is AV link; judge may make s 7 order to override.

• Use of screens, one-way glass or other devices (s 7AA, s 8(2)(iid)). Where an affected person or special witness is to give evidence in the presence of a defendant in the courtroom, a judge may order a screen, one-way glass or other device so that the witness’s view of the defendant is obscured, subject to the witness’s consent and the judge being satisfied it would not be contrary to the interests of justice (s 7AA(1)-(2)). Who decides: judge with consent of affected person.

• Intermediary scheme duties (ss 7G-7J, 7K). The Secretary must establish and maintain an intermediaries panel (s 7G(1)). Panel inclusion requires certain qualifications or suitable training/skills (s 7G(2)). If a judge makes an order under s 7I or 7J, the Secretary must allocate a panel person to perform relevant functions, and must be satisfied of the intermediary’s suitability for the witness (s 7G(3)-(4)). Judges must order assessment reports for prescribed classes of witnesses in specified proceedings (s 7I(1)) unless unnecessary, inappropriate or contrary to the interests of justice (s 7I(3)). The judge must provide a copy of the assessment report to prosecutor and defendant subject to distribution/security orders (s 7I(4)-(5)). If, after considering an assessment report, the judge is satisfied intermediary use will assist, the judge must order that a witness intermediary be used (s 7J(1)). A ground rules hearing must be directed for a prescribed witness, attended by prosecutor, defendant’s legal practitioner and the witness intermediary (s 7K(1)-(2)). Who decides: judge orders and Secretary allocates.

• Duties and impartiality of witness intermediaries (s 7H). Intermediaries must assess communication and related needs, prepare reports (s 7H(1)(a)), provide recommendations to judge and lawyers (s 7H(1)(b)), assist in proceedings (s 7H(1)(c)), and perform other judge-specified functions (s 7H(1)(d)). They must act impartially (s 7H(2)). They generally must take an oath before acting in a proceeding (s 7H(3)) but are not required to take an oath when preparing reports or attending ground rules hearings (s 7H(4)). Who decides: panel allocation by Secretary; oath requirement determined by proceeding.

• Cross-examination and legal aid duties (s 8A). The Act prohibits defendants personally cross-examining alleged victims in prescribed proceedings unless counsel conducts the cross-examination (s 8A(1)). In specified proceedings, defendants may not cross-examine prescribed witnesses unless counsel undertakes it (s 8A(1B)). Where defendants are unrepresented, the judge must warn them and give reasonable opportunity to obtain counsel and may order legal aid under the Legal Aid Commission Act 1990; when ordered, the Legal Aid Commission must provide legal aid for cross-examination despite usual tests or guidelines (s 8A(2)-(3C)). Who decides: judge may order legal aid and counsel assistance; Legal Aid Commission must provide the aid when ordered.

• Information control and penalties (ss 7C, 7D, 10). The Act makes unauthorised possession, supply, copying, erasing or playing of AV recordings an offence subject to fines up to 50 penalty units (s 7C(1)-(2)). Authorised persons and purposes are specified at s 7C(3). The Attorney-General may approve access for prescribed law reform bodies subject to conditions (s 7D). The Governor may make regulations, including offences and fines (s 10).

• Non-reviewable orders and finality (s 7I(6), s 7J(4)). The judge’s discretion to make orders about distribution and security of assessment reports is not subject to review or appeal (s 7I(6)). Likewise, an order under s 7J is not subject to review or appeal (s 7J(4)). Who decides: judge; effect: certain procedural directions have limited judicial review.

Collectively, the Act places duties on judges to consider and, where appropriate, order protective measures and on administrative agencies to resource the intermediaries panel, while also creating rights and procedural protections for vulnerable witnesses and constraints on defendants’ participation styled to protect the quality and integrity of witness evidence.

The Act contains specific criminal or regulatory sanctions limited to handling of audiovisual recordings and gives courts enforcement tools through control over evidentiary processes. Enforcement is principally through judicial orders and statutory offences with fines.

• Offences relating to audiovisual recordings (s 7C). It is an offence for a person to, without authority:

  • have an audiovisual recording of evidence in their possession or supply or offer to supply it (s 7C(1)(a)-(b)); penalty for each such offence is a fine not exceeding 50 penalty units; and
  • play, copy, erase, or permit a person to copy or erase an audiovisual recording of evidence (s 7C(2)); penalty similarly up to 50 penalty units.

  Who enforces: criminal sanctions would be prosecuted through the ordinary criminal process. The Act specifies who has "authority" to possess or deal with recordings (s 7C(3)): public officials for court-related purposes (s 7C(3)(a)); police or persons authorised by the Commissioner of Police for police training and evaluation (s 7C(3)(ab)); and in other cases persons authorised by a Crown Law Officer, a judge, the Associate Judge of the Supreme Court, or the Registrar of the Supreme Court for purposes connected with the proceedings for which the recording was made, later proceedings where the record has been admitted into evidence, or appeal proceedings (s 7C(3)(b)(i)-(iii)). These authority pathways are the statutory enforcement gateway that determines lawful handling versus conduct that attracts fines.

• Regulations creating offences and penalties (s 10). The Governor may make regulations for the Act and may create offences in the regulations, with fines not exceeding 50 penalty units and, for continuing offences, an additional fine not exceeding 20 penalty units per day (s 10(3)). These are separate regulatory penalties which the Governor may prescribe to support the Act’s operation.

• Judicial enforcement and procedural sanctions. The court controls admissibility of prior statements, AV statements and AV recordings through discretionary gates keyed to relevance and the interests of justice (ss 5, 5A(4), 7B(1)(b)). Judges can edit AV records before admission to remove irrelevant or inadmissible material (s 7B(2)). The judge may order exclusion of persons from the courtroom while a special witness gives evidence (s 8(2)(b)(iii)). The judge may make binding directions at ground rules hearings governing the questions that may be put to a witness (s 7K(4)(a)-(c)). Some orders are expressly non-reviewable and non-appealable: orders regarding provision and security of materials for assessment reports (s 7I(6)) and orders that a witness intermediary be used (s 7J(4)).

• Administrative enforcement roles. The Secretary has an administrative role in enforcing the intermediary scheme by establishing and maintaining the intermediaries panel and allocating panel members (s 7G(1), (3)). The Commissioner of Police and Crown Law Officer are gatekeepers for some authorised uses of recordings (s 7C(3)(ab), (b)). The Attorney-General is the gatekeeper for providing AV recordings to law reform bodies (s 7D(2)-(3)).

• Legal aid enforcement. When a judge orders assistance under s 8A(3), the Legal Aid Commission must provide legal aid for the purpose of cross-examining the witness despite any usual income, assets or merits tests (s 8A(3B)). The judge must give the Commission notice of the order at least 14 days before the witness is to give evidence or such lesser period as the Director may agree (s 8A(3A)). This creates an enforcement pathway to ensure unrepresented defendants receive counsel to comply with the Act’s counsel-only cross-examination rules.

Practical enforcement implications and risks apparent from the text:

• The Act relies on prosecutorial and judicial initiation for many measures (s 6(1), s 9(1)), so enforcement of protective measures is not automatic but judicially mediated.
• The non-reviewable nature of some orders limits appellate remedy in individual cases (s 7I(6), s 7J(4)), which may concentrate finality at first-instance decisions on procedure.
• Penalties for unauthorised handling of AV records are capped at 50 penalty units; the Act leaves the monetary value of a penalty unit to existing statutory regimes but sets the unit caps (s 7C(1)-(2), s 10(3)).

Overall, enforcement is a mixture of criminal penalties for mishandling of AV materials and a suite of court-directed procedural controls implemented and overseen by judges and administrative gatekeepers.

The Act is written to operate in an ecosystem of statutes. It routinely cross-references other Acts and preserves existing provisions where relevant. The following interactions are explicit in the text.

• Children, Young Persons and Their Families Act 1997 (s 3 references). The definitions of "affected child" and "prescribed proceeding" explicitly include applications under s 42 of the Children, Young Persons and Their Families Act 1997 (see s 3 definitions). That means child protection processes under the Children Act are squarely within the Act’s scope for special measures.

• Family Violence Act 2004 (s 3 references). The Act treats family violence as a triggering context. "Family violence offence" is defined with the same meaning as in the Family Violence Act 2004 (s 3), and affected person/child definitions explicitly capture those giving evidence in respect of family violence (s 3). Prescribed proceedings include family violence proceedings (s 3). The Act therefore overlays procedural protections on family violence prosecutions and related applications under the Family Violence Act.

• Criminal Code Act 1924 (numerous references in s 3). The Act lists many Criminal Code offences (ss 122-, etc.) as triggers for affected child/affected person definitions and specified offences (s 3). The Act therefore applies largely to serious sexual, violent and related offences enumerated in the Criminal Code definitions, focusing special measures on those offence types.

• Evidence Act 2001 (s 5A references). Section 5A borrows definitions used in the Evidence Act 2001, notably "investigating official" and "sexual offence", to permit audiovisual statements taken by investigating officials to be tendered as evidence in chief. This anchors the new admissibility pathway to investigative practice governed by the Evidence Act.

• Justices Act 1959 (s 5(2), s 5A(6)). Section 5(2) and s 5A(6) expressly state that the provisions do not affect s 61 of the Justices Act 1959. This preserves existing magistrates’ court rules about evidence and indicates the Act is not intended to displace that provision.

• Legal Aid Commission Act 1990 (s 8A cross-reference). Section 8A engages the Legal Aid Commission Act by allowing judges to order legal aid to assist unrepresented defendants where cross-examination by counsel is required, and by requiring the Commission to provide such legal aid despite any usual means or guidelines tests (s 8A(3)-(3C)). This binds legal aid administration to the procedural measures in the Act.

• Bail Act 1994, Justices Act 1959 and Family Violence Act 2004 (s 3 definitions of defendant and prescribed proceedings). The Act extends to certain bail-related applications and family violence order hearings by including them in the definitions of "prescribed proceeding" and "defendant" (s 3). Thus measures can apply in pre-trial or interlocutory contexts.

• Sex Industry Offences Act 2005 and Classification (Publications, Films and Computer Games) Enforcement Act 1995 (s 3 references). The Act also lists offences under these statutes in the specified offence list (s 3). That inclusion brings some non-sexual offence contexts within scope where child or vulnerable witnesses are involved.

• Administrative Arrangements Act 1990 (s 11). Administration is assigned to the Minister for Justice and Industrial Relations pending any administrative arrangements order under s 4 of the Administrative Arrangements Act 1990 (s 11). That is an administrative mechanics cross-reference for ministerial responsibility.

• Regulations power (s 10). The Governor can make regulations that may create offences and fines; those regulations will interact with existing regulatory frameworks and enforcement mechanisms.

Operational consequences of these interactions:

• The Act is designed to be read alongside, not to replace, other statutory procedures. For example, it preserves s 61 Justices Act operation and ties into established legal aid processes.
• The Act depends on definitions and procedural norms from other laws (Evidence Act 2001, Criminal Code), so changes in those statutes may alter the operation of this Act.
• Administrative responsibilities span courts, prosecutorial and police agencies, the Secretary for intermediaries and the Legal Aid Commission, requiring inter-agency coordination when the Act’s measures are invoked.

Users must therefore consider the Act in combination with the cited statutes: it operates as an overlay of procedural protections for specified offence types and related civil proceedings, with multiple statutory interfaces that determine scope, evidence admissibility and resourcing.

The Act’s text as supplied includes amendment annotations showing multiple legislative changes over time. The statute has been amended in a series of targeted ways to expand scope, insert the intermediary scheme, refine admissibility rules and provide for audiovisual statement use. The following is a chronological synthesis of the amendments noted in the supplied text, with the sections affected and applied dates where given.

• 2003-2006 amendments. Early amendments added offence lists and adjusted definitions. The Act’s s 3 contains amendment notes referencing No. 69 of 2003 and No. 44 of 2004 applied 15 Dec 2003 and 16 Nov 2004 respectively, and No. 43 of 2006 applied 18 Dec 2006. These amendments expanded the catalogue of Criminal Code offences and included references to the Sex Industry Offences Act and the Classification Enforcement Act in the definitions (s 3(b), (d), (e), (f)).

• 2004 and 2005 amendments regarding commencement and prescribed proceedings. S 3 shows amendments by No. 67 of 2004 Sched 1 applied 30 Mar 2005 and No. 42 of 2005 applied 1 Jan 2006 in parts, reflecting incremental scope changes regarding family violence and sex industry offences.

• 2013 amendments (No. 63 of 2013, applied 1 Mar 2014). These amendments inserted Part 1A (s 3A) setting out principles in relation to child witnesses (s 3A); added the Part 3 heading "Declaration of Special Witness" (Part 3); added ss 6B, 7A-7C (audio visual link rules, audiovisual record at trial, admission and unauthorised dealings) and various refinements. They also altered the definition of "child" and added content in s 3 to capture additional offences.

• 2014-2017 incremental amendments. The 2014 changes were consolidated into the 2013 amendment tranche. In 2016 the definitions and some procedural points were fine-tuned. No. 16 of 2006 (applied 1 Nov 2006) and No. 6 of 2017 (applied 28 Apr 2017) appear in the annotations for s 8 regarding special witness and for other procedural refinements.

• 2017 (No. 6 of 2017, applied 28 Apr 2017). Amended s 8 to require judges to consider making special witness orders for alleged victims of family violence and permitted particular orders in such cases (s 8(2A), (2B)). Also adjusted appearance and procedural elements referenced in s 8.

• 2019 amendments (No. 29 of 2019, applied 2 Oct 2019). These amendments broadened definitions (s 3), inserted or amended provisions on special hearings (ss 6, 6A), audio visual recording (ss 7A-7B) and allowed law reform bodies to view de-identified recordings (s 7D). They also amended Part headings and procedural cross-references.

• 2020 intermediary and wider procedural amendments (No. 26 of 2020, applied 1 Mar 2021). These are significant: they inserted the entire Part 2A "Intermediary Scheme" (ss 7E-7M) including the intermediaries panel (s 7G), meaning of communication need (s 7F), functions of witness intermediaries (s 7H) and mandatory ground rules hearing (s 7K). They also amended sections on support persons (s 4), prior statements (s 5), AV link presence rules (s 6B) and cross-examination rules (s 8A) to align with the intermediary framework.

• 2021-2023 refinements. Several consequential amendments adjusted timing and procedure details for the intermediary scheme. No. 2 of 2022 and No. 21 of 2022 are referenced in s 3 and prescribed proceeding definitions. No. 2 of 2023 (applied 20 Apr 2023) inserted s 5A enabling audio visual statements to be treated as evidence in chief and made technical changes to intermediary oath requirements (s 7H(3) substitution), added judicial discretion to make intermediary orders at any time (s 7J(1A)-(1B)) and adjusted distribution of assessment reports (s 7I(5)). No. 2 of 2023 also added s 5A.

• 2024-2025 amendments. No. 17 of 2024 (applied 1 Nov 2024) and No. 18 of 2024 (s 4, applied 31 Jan 2025) added provisions including s 7AA (use of screens, one-way glass or other devices) and substituted s 4(1) to broaden entitlement wording for support persons (s 4 now says the child or affected person "is entitled" to have a judge-approved person near them). No. 14 of 2025 (applied 16 Jun 2025) amended s 7C(3)(b) regarding authorisations for possession and use of recordings.

The Act’s amendment history shows a pattern: earlier amendments established basic protections and AV recording functions; 2013 introduced broad child-focused principles and AV recording rules; 2019 and 2020 expanded and institutionalised the intermediary model and tightened processes; 2023 added evidence-in-chief admissibility for AV statements; and 2024-2025 introduced further refinements to courtroom devices, entitlement language and authority pathways for recordings.

The annotations in the text are the sole source for these amendment entries. Where the Act notes "Inserted by" or "Amended by", those notes include the amending Act number and applied date; this deep dive records the principal amendments derived from those notes.

The supplied text of the Act does not include any judicial decisions, case law citations or references to litigation. The Act itself names no cases. Therefore, there is no litigation history contained within the statute text to report.

Practitioners should be aware that although the Act contains many discretionary standards (notably "interests of justice" tests and judges’ power to make or revoke orders), the text does not record how courts have construed those standards. To assess precedent, a search of Tasmanian and appellate case law interpreting:

• admissibility of prior or audiovisual statements under ss 5 and 5A;
• scope and limits of special hearings and consent requirements under ss 6 and 6A;
• the non-reviewability of certain orders under ss 7I(6) and 7J(4);
• judges’ use of 7L (not being bound by rules of evidence) when directing intermediary or assessment processes;
• limits on defendants’ rights under s 8A and the Legal Aid Commission’s obligations under s 8A(3B);

would be necessary. The Act anticipates judicial fact-finding and discretion at many points; absent reported cases in the text, practitioners must consult current Tasmanian and appellate reports and databases for authoritative judicial interpretation and procedural guidance.

This section identifies traps, implementation frictions and consequences that the Act’s text makes likely or that arise directly from express provisions.

• Judicial discretion and "interests of justice" recurring test. Multiple provisions hinge on the judge being satisfied it is "in the interests of justice" (ss 6A(2)(a), 5A(4), 7B(1)(b), 7I(3)(c), 7AA(2)(b)). That recurring formulation gives broad judicial discretion, which can produce case-to-case variation in outcomes and uncertainty about predictable application. The statute does not set detailed criteria beyond listing some matters to be considered in particular contexts (e.g. s 9A(2) lists two matters relevant to child sexual offence special hearings), so practitioners must be prepared to provide targeted evidence and submissions addressing this standard.

• Non-reviewable orders. The Act declares certain procedural orders not subject to review or appeal: orders about the provision and security of assessment report materials (s 7I(6)) and witness intermediary orders (s 7J(4)). These provisions limit appellate recourse on particular pre-trial or interlocutory procedural matters; practitioners should plan accordingly and, where possible, develop effective first-instance strategies.

• Information control and criminal exposure for mishandling AV material. Section 7C criminalises unauthorised possession, supply, playing, copying or erasing of AV recordings with penalties up to 50 penalty units. The Act narrowly defines authorised persons and purposes (s 7C(3)) and provides specific authorisation routes (public official court purposes, police or those authorised by Commissioner for training, Crown Law Officer or court officers for court or appeal purposes). Practitioners must comply strictly with chain-of-custody, storage and distribution orders; inadvertent unauthorised dissemination can attract fines.

• Distribution and confidentiality of assessment reports can be tightly controlled. The judge may make orders about distribution and security of assessment reports (s 7I(5)), and such orders are not reviewable (s 7I(6)). The judge may therefore limit access to material that a defendant or prosecutor would otherwise expect to receive, affecting preparation and disclosure strategies. Practitioners should anticipate judicial orders limiting circulation and plan discovery and evidence-gathering accordingly.

• Intermediary obligations and resource bottlenecks. The Secretary must establish and maintain an intermediaries panel and allocate a person from the panel when the judge orders (s 7G(1), (3)). Panel inclusion requires specific tertiary qualifications or other suitable training/skills (s 7G(2)). Practical risks: delays if there are insufficient qualified intermediaries; suitability vetting by the Secretary (s 7G(4)) could impose timing constraints that affect trial scheduling. The Act does not mandate minimum staffing levels, leaving resourcing to administrative decision-makers.

• Ground rules hearings and disclosure timing. Ground rules hearings are mandatory for prescribed witnesses (s 7K(1)). Judges may direct when questions must be provided to intermediaries (s 7K(4)(d)). Failure to comply with such timelines may disrupt questioning plans and trial sequencing. Legal practitioners must be proactive in preparing questions and supplying materials to the intermediary and the court in the timings the judge orders.

• Oath and procedural formalities for intermediaries. Witness intermediaries must generally take an oath (s 7H(3)) but are not required to take an oath when preparing assessment reports or attending ground rules hearings (s 7H(4)). Practitioners should check whether the intermediary has taken the oath where their courtroom functions require the oath, and clarify the intermediary’s role and boundaries before evidence is taken.

• Defence rights versus counsel-only cross-examination. Sections 8A(1), (1A) and (1B) prevent defendants from personally cross-examining alleged victims, requiring counsel to undertake cross-examination. For unrepresented defendants, judges must warn and offer opportunity to obtain counsel (s 8A(2)). Judges may order legal aid and the Legal Aid Commission must provide assistance despite usual tests (s 8A(3), (3B)). Practical pitfalls: delays where legal aid cannot be arranged in time; the counsel assisting model imposed on unrepresented defendants (s 8A(3C)) restricts the role of that counsel to asking allowable questions and not advising the defendant, which requires tight judicial directions and careful materials control (s 8A(3C)(a)-(b)).

• AV statement admission as evidence in chief has a judicial veto. Section 5A allows an audio visual statement taken by an investigating official to be tendered as evidence in chief but gives the judge discretion to exclude it if contrary to interests of justice (s 5A(4)). Practitioners should not assume automatic admission and must prepare submissions on reliability, voluntariness and fairness.

• Default AV link rule and courtroom presence limits. The Act requires evidence by AV link for affected children and prescribed witnesses except where a s 7 order states otherwise (s 6B(1)). While on AV link, the persons present at the witness end are strictly limited (s 6B(2), s 8(6)). Failure to observe these presence limitations could invalidate a proceeding or lead to evidentiary challenges.

• Obligations to produce AV records and their use in later proceedings. AV records made under the Act become court records (s 7A(3)) and may be admitted into later proceedings (s 7B). Judges may edit records prior to admission to remove irrelevant or inadmissible material (s 7B(2)), but admission is subject to a relevance and interests of justice test (s 7B(1)). Practitioners should preserve originals, maintain secure custody in accordance with s 7C authorisations, and make timely applications if they wish to admit or exclude parts of a recording.

• Administrative allocation versus judicial suitability. The Secretary allocates intermediaries but must be satisfied of the intermediary’s suitability for the witness (s 7G(4)). There is potential friction between judicial direction on suitability and administrative allocation processes, which could raise scheduling and appropriateness disputes that the Act does not spell out how to resolve.

These "gotchas" arise directly from statutory text: discretionary standards, limits on appeal of certain procedural directions, confidentiality and criminal sanctions for mishandling AV material, intermediary resourcing and qualification requirements, and counsel-only cross-examination obligations are all embedded features practitioners must navigate.

This final section gives concrete, source-grounded compliance steps for practitioners, court administrators and agencies working under the Act. Each recommended action references the statutory source that creates the obligation or opportunity.

• Early identification and application for preliminary hearings. If a matter is a prescribed or specified proceeding in which a witness might need special measures (s 3 definitions), the prosecutor or the party who intends to call that witness should apply for a preliminary hearing to resolve support person approvals, special hearing orders, witness intermediary orders and other matters before the main hearing commences (s 9(1)). Rules of court may provide for these preliminary hearings (s 9(2)); practitioners should check local court rules for procedural scheduling.

• Serve and inform defendants early about applications. The Act requires that defendants be served with copies of applications under s 6(1) and be entitled to be heard (s 6(2)). Ensure prompt service of applications and be prepared to advance or oppose an application on the record, addressing matters such as the witness’s consent where required (s 6A(2)(b)).

• Prepare consent and evidence on "interests of justice" thresholds. Where the judge must be satisfied something is in the interests of justice (s 6A(2)(a), 5A(4), 7B(1)(b), 7I(3)(c), 7AA(2)(b)), prepare targeted evidence and submissions addressing the elements relevant to that determination. For example, for special hearings in child sexual offence cases, the Act lists factors to be taken into account (s 9A(2)); provide material on delay, emotional trauma and relationships between witnesses.

• Support person selection and vetting. If seeking or approving a support person for an affected person or special witness, ensure the proposed support person is not and is not likely to be a witness or a party (s 4(2), s 8(3)). Have identity and conflict checks completed before the hearing so the judge can act on approval without delay.

• Prepare prior statement and AV statement admissibility materials. To admit a prior recorded statement under s 5, ensure the statement relates to a matter in issue, that the defendant receives a copy of the record and that the defendant is given the opportunity to cross-examine. For treating an AV statement as evidence in chief under s 5A, prepare evidence that the statement was taken by an "investigating official" and be ready to address any fairness concerns the judge might have that could make admission contrary to the interests of justice (s 5A(3)-(4)).

• AV recording readiness and chain-of-custody. The Act mandates making AV records at trial where facilities are available for affected persons and special witnesses (s 7A(1)). Courts and parties should ensure AV recording facilities meet evidentiary standards. Preserve originals securely and document custody and authorised access to comply with s 7C’s strict prohibitions on unauthorised possession, copying or erasure. Where you need to authorise use or training access, follow the statutory authorisation routes: public officials for proceeding-related purposes (s 7C(3)(a)), police or Commissioner authorisations for police training (s 7C(3)(ab)), or Crown Law Officer/judge/Registrar authorisations for other specified court purposes (s 7C(3)(b)).

• Intermediary scheme operational steps. If the witness falls within s 7I(1)’s categories, a judge will order an assessment report as early as practicable before evidence is required (s 7I(2)). Practitioners should promptly request the court to make the order so the Secretary can allocate a suitably qualified intermediary (s 7G(3)-(4)). Provide available materials needed for assessment and be ready to comply with judge’s orders about the distribution and security of the assessment report (s 7I(5)). Expect to attend ground rules hearings with the intermediary (s 7K(2)) and to receive directions about the form, timing and scope of questions (s 7K(4)).

• Ground rules hearing preparation. For prescribed witnesses, the judge must direct that a ground rules hearing be held (s 7K(1)). Prepare proposed directions, sample questions, timings and proposals for models, plans or other aids the judge might wish to authorise (s 7K(4)(d), (f)). If an assessment report exists, ensure the hearing addresses matters identified therein (s 7K(5)).

• Counsel-only cross-examination compliance and legal aid applications. Where defendants are restricted from personally cross-examining alleged victims or prescribed witnesses (s 8A(1), (1A), (1B)), judges must warn unrepresented defendants and inform them of legal aid options and give reasonable time to obtain counsel (s 8A(2)). If the court makes an order for legal aid, make sure the Legal Aid Commission receives the order at least 14 days before the witness is to give evidence or the shorter period agreed with the Director (s 8A(3A)). If ordered, the Commission must provide legal aid for cross-examination despite normal means tests (s 8A(3B)), so coordinate promptly with Legal Aid to ensure timely counsel allocation.

• Respect courtroom presence and device orders. Where evidence is given by AV link, the person in the room with the witness must be limited to those specified by statute (s 6B(2), s 8(6)). If a s 7AA screen or one-way glass order is sought or made, ensure witness consent and prepare submissions addressing whether the order would be contrary to the interests of justice (s 7AA(1)-(2)).

• Records handling for later proceedings and law reform access. If seeking to use an AV record in later proceedings, apply to admit under s 7B and be ready to show relevance and that admission would not be contrary to the interests of justice (s 7B(1)). If seeking to edit recordings to remove irrelevant or inadmissible material, request judicial editing under s 7B(2). When a law reform body requests access, follow the Attorney-General’s approval process and ensure all legal proceedings are concluded and witnesses are de-identified or have consented (s 7D(2)-(4)).

• Administrative coordination with the Secretary. Courts and practitioners should liaise with the Department Secretary for intermediary allocations (s 7G(3)). The Secretary must be satisfied about suitability and training (s 7G(4)), so provide clear case materials and timelines to avoid allocation delays.

• Maintain audit trails and comply with security orders. Because the judge may make non-reviewable orders about distribution and security of assessment reports (s 7I(5)-(6)), record compliance with those directions carefully and implement secure storage and restricted access for reports and recordings.

• Check local rules and delegated administrative arrangements. Section 9(2) allows rules of court to provide for preliminary hearings and s 11 assigns administrative responsibility until an Administrative Arrangements Order changes it. Check local court rules and any administrative directions from the Department or Minister for practical guidance on scheduling, AV facility use and intermediary appointment processes.

These compliance steps map directly to the Act’s operative provisions and should form the basis of a procedural checklist for prosecutors, defence counsel, court registries, the Secretary and intermediaries. Where the Act leaves matters to judicial discretion, provide focused evidence and practical proposals that the judge can adopt to meet the statutory tests and keep the matter on an efficient timetable.