The NSW Government is introducing major changes to the way adult sexual assault cases are conducted, including new rules around questioning complainants, greater use of recorded evidence and tighter protections for counselling records.
The reforms are aimed at reducing the distress experienced by sexual assault complainants during court proceedings while maintaining an accused person’s right to a fair trial.
A key part of the package is a new ground rules hearings pilot, backed by $4.8 million in the 2026–27 NSW Budget.
Ground Rules Hearings to Begin in 2027
Ground rules hearings will be held before a sexual assault complainant gives evidence and will allow the court to determine how questioning should be conducted.
Directions could cover:
- How long questioning may continue
- How questions should be framed
- Which topics can be addressed
- Any communication or support needs of the complainant
The hearings will also require earlier discussion about jury directions that may be relevant to issues such as consent, delays in reporting and differences between accounts.
The NSW Government says the aim is to keep questioning relevant and focused on disputed issues while preserving the defence’s ability to test the prosecution case.
The pilot will operate at Parramatta, Wollongong and Dubbo District Courts from 2027 to 2030.
Ground rules hearings are already used in NSW proceedings involving child sexual assault complainants.
Calls for wider use of ground rules hearings have also featured in previous NSW parliamentary debate and research into the experiences of sexual assault complainants in the justice system.
Recorded Police Interviews Could Become Evidence in Chief
Another major change would allow recorded police interviews with adult sexual assault complainants and certain special witnesses to be used as their evidence in chief.
That could reduce the need for complainants to repeat their account in court and allow the same evidence to be reused in the event of a retrial.
Under current NSW arrangements, recorded police interviews may already be used as evidence in chief for certain vulnerable witnesses, including children under 16 and people with cognitive impairment.
The reforms would extend that option to adult sexual assault proceedings.
The Government also plans to expand Domestic Violence Evidence in Chief, or DVEC, provisions so recorded police evidence can be used in standalone Apprehended Domestic Violence Order proceedings even where there are no accompanying criminal charges.
DVEC currently allows police-recorded victim statements to be used as all or part of a complainant’s evidence in chief in domestic violence proceedings.
Full Pre-Recording of Evidence to Be Considered
A separate statutory review of the Child Sexual Offence Evidence Program is expected to begin in early 2027.
That review will consider whether adult sexual assault complainants should eventually be allowed to pre-record all of their evidence — including evidence in chief, cross-examination and re-examination — before the trial itself.
Similar proposals have previously been raised in NSW Parliament, while broader national law reform work has also recommended giving adult sexual assault complainants greater choice over pre-recorded evidence.
Stronger Protection for Counselling Records
The Government also plans to tighten rules governing access to private counselling records belonging to sexual assault complainants.
Amendments to the Criminal Procedure Act 1986 would require courts to inspect counselling communications only where that step is necessary, rather than doing so automatically or as a precaution.
The legislation would also make clearer that permission from the court is required before certain records produced to the court can be accessed.
NSW already operates a Sexual Assault Communications Privilege, which restricts the use of counselling communications in criminal proceedings. Once a matter reaches trial, such records generally cannot be compelled or admitted unless specific legal tests are satisfied, including substantial probative value and a public-interest assessment.
The University of Sydney is separately conducting research into how the privilege operates and whether further reform is needed, with findings expected in mid-2027.
Wider Support for Sexual Assault Complainants
The court reforms come alongside a new specialist support program for sexual violence complainants.
In August, the NSW and Commonwealth governments announced 11 sexual violence justice-system navigators, backed by $4.36 million, to provide trauma-informed support and help complainants understand legal processes and connect with other services.
NSW has also appointed its first independent Victims of Crime Commissioner, Hannah Damkar, whose role includes identifying systemic problems in the justice system and advocating for reforms affecting victims of crime.
The Government says the latest package is intended to reduce unnecessary repetition and inappropriate questioning in sexual assault trials while improving the quality of evidence presented to courts.
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