The NSW Government wants to change how complainants give evidence in sexual assault trials. If you or someone in your family is facing a charge, the details matter.
On 22 September 2026, the Attorney General introduced the Criminal Procedure and Other Legislation Amendment (Victim Experience Reforms) Bill 2026. The Government says the aim is to minimise trauma for complainants while safeguarding the integrity of the criminal trial process.
It is a Bill, not law. As at 16 October 2026, it has passed the Legislative Assembly and is now before the Legislative Council. Here is what it would change, and what it would leave alone.
What would change?
In short: three main things for sexual assault trials. Police interview recordings could become a complainant’s evidence in chief, some District Courts would trial ‘ground rules hearings’, and the rules for accessing and considering counselling records would change.
Police interview recordings as evidence in chief
Evidence in chief is the complainant’s account, given before cross-examination. Children under 16 and people with a cognitive impairment can already give it through a recorded police interview. The Bill would extend that to other complainants, including adults, and to other sexual offence witnesses, in prescribed sexual offence proceedings.
The court could refuse to use a recording if that would not be in the interests of justice. The Bill says the change would also apply to interviews recorded before the new provisions commence.
Ground rules hearings (a pilot)
A ground rules hearing takes place before the complainant gives evidence. The judge can set directions on how long questioning runs, how questions are asked, which topics may be raised and whether communication aids are used.
This pilot would run in the District Court from 31 March 2027 until 30 June 2030 or a later prescribed date, where the accused was 18 or over when the alleged offence occurred and the complainant was 18 or over at committal. The Government says the pilot will operate at Parramatta, Wollongong and Dubbo.
Counselling records
Counselling notes about a complainant are already protected, and at trial the defence needs the court’s leave to use them. The Bill would write into the Act that a record produced to the court cannot be accessed without leave. It would also mean a judge reads the records only if the court thinks it necessary.
Before and after
| Now | If the Bill passes | |
|---|---|---|
| A complainant’s evidence in chief | Usually given live, in the courtroom or by CCTV from another room | Can be a recorded police interview |
| Defence access to that recording | Adult interviews are not usually the evidence at trial | View or listen with reasonable access, but no copy |
| How cross-examination is shaped | Judge rules as issues arise at trial | At pilot courts, directions set at a ground rules hearing first |
| Judge reading counselling records | Court may consider them | Only if the court thinks it necessary |
What stays the same
The recording change deals only with evidence in chief. It does not remove cross-examination. The complainant’s account can still be tested, and the defence can still put the accused’s version of events.
“It will not prevent the defence from putting the accused’s version of events to the complainant”
– Attorney General Michael Daley, second reading speech, 22 September 2026.
The presumption of innocence still applies, and the prosecution must still prove every element beyond reasonable doubt.
Where a complainant’s recording is played to a jury, the judge must tell the jury not to hold the way the evidence was given against the accused, and not to give it more or less weight because of it. Subject to limited exceptions, the recording also can’t be admitted unless the accused and their lawyer had a reasonable chance to view or hear it.
What This Means for Your Case
These reforms aim to spare complainants from repeating a painful account more than necessary. That is a legitimate goal. For the defence, it moves a lot of the work earlier.
- The police interview matters more. If it becomes the complainant’s evidence in chief, your lawyer needs to review it closely and early.
- Your defence case must be clear before trial. At a pilot court, the issues in dispute help shape what can be asked.
- Rules on counselling records are strict. Any application needs careful legal grounds.
If you have been contacted by police or charged, get advice before you respond. Our fact sheet on being charged with sexual assault in NSW explains the process, and our article on NSW’s affirmative consent laws covers the consent test courts now apply.
If you are a complainant looking for support, 1800RESPECT offers confidential counselling and information.
How O’Brien Criminal & Civil Solicitors Can Help
Sexual offence charges are serious, and the rules for how evidence is given are changing. Our sexual assault defence team is led by Peter O’Brien, an Accredited Specialist in Criminal Law. Specialist Accreditation is held by fewer than 6% of NSW lawyers.
We will explain where your matter stands under the current law, what these proposed changes could mean for it, and how to prepare.
Request initial advice (no-obligation) via the form below or call us on (02) 9261 4281.
This content is for general information purposes only and does not constitute legal advice. You should seek independent legal advice relevant to your specific circumstances.
Peter O'Brien is the Principal Solicitor of O'Brien Criminal & Civil Solicitors and Australia's leading expert in intentional torts litigation, with over 25 years of experience securing landmark victories in malicious prosecution and unlawful imprisonment cases. Author of Intentional Tort Litigation in Australia and recipient of the Law Council of Australia President's Medal, Peter has achieved record-breaking compensation for clients and is widely recognised for his unwavering commitment to access to justice.
