On 22 September 2026, the NSW Attorney General introduced the Criminal Procedure and Other Legislation Amendment (Victim Experience Reforms) Bill 2026 to NSW Parliament. The bill proposes changes to the way complainants give evidence in adult sexual assault proceedings.
The NSW Government has stated that the reforms are intended to reduce the distress experienced by complainants when giving evidence, while safeguarding the right to a fair trial.
The Victim Experience Reforms Bill has passed the Legislative Assembly and is now before the Legislative Council. It is not yet law.
What the Bill Would Change
The NSW sexual assault trial reforms in the bill would make three main changes to adult proceedings:
- Complainants could use recorded police interviews as evidence-in-chief.
- The bill would pilot ground rules hearings in three District Courts.
- Courts would inspect a complainant’s counselling records only where necessary.
Recorded Police Interviews as Evidence in Chief
Evidence in chief is a witness’s account of events, given before cross-examination. Under the Criminal Procedure Act 1986 (NSW), a recorded police interview can already be used as evidence in chief for children under 16 and people with a cognitive impairment.
The bill would extend this to adult complainants and other witnesses in sexual offence proceedings. The recording could also be used again if there is a retrial, so the complainant would not need to give their evidence in chief a second time.
If the bill passes, the recorded interview would form part of the evidence before the jury. Its content, including how questions were asked and what was said, would be central to how that evidence is tested at trial.
Ground Rules Hearings in Adult Sexual Assault Trials
A ground rules hearing is held before the complainant gives evidence. At the hearing, the court can give directions about the length of questioning, how questions are asked, which topics may be covered and what support the complainant needs while giving evidence.
The pilot would also require pre-trial discussion of the jury directions likely to be sought on consent, delay in reporting and differences in a complainant’s accounts. Ground rules hearings are already used in child sexual assault proceedings in NSW.
Where the Pilot Will Run
The pilot will operate at the Parramatta, Wollongong and Dubbo District Courts from 2027 until 2030, supported by $4.8 million in the 2026-27 NSW Budget. Newcastle District Court is not included. For trials in Newcastle and the Hunter, the trial judge will continue to manage questioning as issues arise during the trial. The changes to recorded evidence and counselling records are not limited to the pilot courts.
Changes to Counselling Records
A complainant’s counselling records are protected by the sexual assault communications privilege in the Criminal Procedure Act 1986 (NSW). A party seeking to access or use those records needs the leave of the court.
The bill would require courts to inspect these records only where it is necessary, rather than automatically or as a precaution. It would also set out in legislation the requirement to seek leave before accessing records that have been produced to the court. Separately, research led by the University of Sydney, due to report in mid-2027, is examining how the privilege operates and whether further reform is needed.
Does the Bill Change Cross-Examination?
The bill does not remove cross-examination. Complainants would still be cross-examined and re-examined. In his second-reading speech, the Attorney General said the changes will not prevent the defence from putting the accused person’s version of events to the complainant.
The presumption of innocence is unchanged, and the prosecution must still prove each element of an offence beyond reasonable doubt.
A separate statutory review of the Child Sexual Offence Evidence Program, beginning in early 2027, will consider whether adult complainants should be able to pre-record all of their evidence, including cross-examination and re-examination.
When the Changes Could Apply
The bill must pass the Legislative Council and receive assent before any of these changes take effect. The ground rules hearing pilot is scheduled to begin in 2027. Until the bill commences, sexual assault trials in NSW continue to run under the current rules.
Sexual offence proceedings are complex, and the rules for how evidence is given are changing. Anyone charged with a sexual offence, or asked to attend a police interview, should obtain legal advice before responding. A District Court trial is a significant undertaking, and early advice allows us to properly assess the evidence.
Our experienced team acts in courts across NSW; contact Hamilton Janke Lawyers for confidential advice.
