Changes will be made to increase the ability to participate in court proceedings remotely, the government has announced.
In a statement, Courts Minister Nicole McKee said it would include the ability for victims to watch a criminal trial and sentencing outside of the courtroom and reduce the risk of being revictimised or intimidated.
"We think there is untapped potential for audio visual (AV) technology, both in ensuring timely access to justice and in easing the stress of attending court in person," McKee said.
The Courts (Remote Participation) Amendment Bill would make targeted amendments to the Courts (Remote Participation) Act 2010 and the Criminal Procedure Act 2011.
The government said the proposed changes include:
- introduce a new section to the act which allows victims and support people to remotely observe a criminal trial and sentencing if they wish to, if suitable technology is available and if a judicial officer or court registrar deems it appropriate. It provides a safe option for victims to attend court and helps avoid the potential for retraumatisation and intimidation that can sometimes happen when coming to court in person.
- allow the use of audio links such as teleconferences for criminal proceedings where defendants do not attend, and for appropriate civil proceedings (including the Family Court).
- makes permanent a currently temporary amendment under Covid-19 legislation, clarifying that the principle of open justice does not affect the courts' ability to conduct hearings by AV technology where appropriate.
McKee said it was 2024 and often, people worked remotely and held conferences through audio and video technology.
"We're going to use AV technology, where appropriate, to ease pressure on courts and increase access to justice. It means more options for attending court for victims, and other participants such as lawyers.
"The proposed measures will also help reduce the risk of victims being intimidated or revictimised, which can happen when attending court in person."
McKee said the bill would by implemented while a review of the courts was underway.
"This review will identify a modern, fit-for-purpose regime for remote participation in court proceedings."