NSW introduces recorded testimony and pilot ground-rules hearings to ease sexual assault trials

The New South Wales government is set to overhaul adult sexual-assault trials by permitting recorded police interviews to serve as the complainant’s evidence-in-chief, mirroring rules already applied to children and cognitively impaired persons. This approach is intended to prevent victims from recounting their experience multiple times and to limit distress, although they must still appear for cross-examination. A pilot program of “ground-rules” hearings will run from 2027 to 2030 in the Parramatta, Wollongong and Dubbo District Courts, allowing judges to dictate the scope and manner of questioning and to arrange support services.

Attorney-General Michael Daley described the reforms as a step toward less-traumatic justice, while legal scholars Julia Quilter and Luke McNamara, whose analysis highlighted persistent rape-myth-based scrutiny, praised the initiative. The government also plans modest adjustments to the sexual assault communications privilege, ensuring counselling records are only accessed when necessary, with a University of Sydney study due by June 2027 to assess one outlet protections. Minister for Women Jodie Harrison and Women’s Safety Commissioner Hannah Tonkin emphasized the goal of enabling survivors to give their best evidence and begin rebuilding their lives sooner.