NSW is falling behind every other Australian jurisdiction in giving sexual violence victim-survivors the right to pre-record their evidence 

Today in Parliament, Abigail gave notice of a motion commending the parliamentary briefing ‘Reducing re-traumatisation within courts: Enabling Victim-Survivors to Give Evidence on Their Own Terms’ hosted by Fair Agenda, advocating for the option for victim-survivors to be able to pre-record testimony for criminal trials.

Abigail said:

I give notice that on the next sitting day I will move:

(1)     That this House notes that:

  • on Tuesday 4 August 2026, Fair Agenda hosted a parliamentary briefing in NSW Parliament, ‘Reducing retraumatisation within courts: Enabling Victim Survivors to Give Evidence on Their Own Terms’. The briefing provided insights from survivor advocates and experts on the experiences of sexual violence victim-survivors navigating criminal trials, and how the option to pre-record testimony can improve access to justice while reducing the risk of re-traumatisation;
  • speakers at the briefing included:
    • Elaheh Taheri and Hannah Mayjor, Survivor Advocates with lived experience of sexual assault and seeking justice through the criminal legal system; 
    • Jacinta Masters, Campaign Manager at Fair Agenda;
    • Karen Bevan, CEO of Full Stop Australia;
    •  Professor Julia Quilter, Professor of Law at University of Wollongong  and leading expert on criminal justice reform;
    • Trish Doyle MP, Co-chair of the NSW Parliamentary Friends of Prevention of Domestic Violence and Sexual Assault; and 
    • Abigail Boyd, Greens NSW MLC and Greens Spokesperson for Gendered Violence and Abuse;
  • the briefing focused on the lived experience of victim-survivors as well as the strong evidence-base underpinning calls for reform to empower adult victim-survivors to choose how they give evidence in court, by ensuring they have access to and autonomy to choose to rely on pre-recorded evidence for evidence-in-chief, cross-examination and re-examination in a safe and supportive setting;
  • survivor advocates and experts at the briefing spoke about growing concerns that NSW is lagging behind in implementing this important reform, with nearly every other jurisdiction in Australia as well as many across the world having already either committed to or introduced a regime for pre-recorded testimony; and
  • the event was attended by Members of Parliament, including:
    • Abigail Boyd MLC;
    • Trish Doyle MP;
    • Jodie Harrison MP and Minister for the Prevention of Domestic Violence and Sexual Assault; 
    • Emma Hurst MLC;
    • Aileen MacDonald MLC;
    • Jacqui Scruby MP; and 
    • Katelin McInerney MP.

(2)     That this House further notes that:

  • on 29 July 2026, a coalition of organisations, frontline services, legal academics and survivor advocates wrote an open letter to the NSW Attorney General, Michael Daley, urging the NSW Government to change the laws to give sexual violence victim-survivors the right to pre-record their evidence;
  • the letter was signed by 26 organisations including Fair Agenda, Full Stop Australia, Women’s Legal Service NSW, the Royal Australian and New Zealand College of Psychiatrists, Domestic Violence NSW, Not to Violence, Older Women’s Network NSW, Women’s Health NSW, Justice and Equity Centre, With You We Can and Youth Law Australia, as well as advocates and experts Brittany Higgins, Elaheh Taheri, Dr Rachael Burgin, Professor Julia Quilter and Professor Luke McNamara;
  • the letter called on the Attorney General to:
    • amend the Criminal Procedure Act 1986 to give all complainants in sexual offence matters the legal right to pre-record their evidence, under conditions of full and informed choice; and 
    • ensure sufficient equipment and personnel within New South Wales courts to make this option available to victim-survivors across the state; and
  • allowing all sexual violence complainants the right to pre-record their evidence was recommended by the Australian Law Reform Commission in 2025.

(3)     That this House:

  • commends the many organisations, frontline services, legal academics and survivor advocates for their work in advocating for reform to make court processes accessible, trauma-informed and responsive to victim-survivors of sexual violence;
  • affirms that victim-survivors deserve a justice system that treats them with respect, recognises the harm caused to them, and supports their safety, choice and agency; and
  • calls on the NSW Government to work with victim-survivors and expert advocates to deliver this important reform. 

6 August 2026

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