Witness Intermediary Service

NSW Police Force Child Abuse Units and District Courts have established practices to reduce the stress and trauma experienced by children and young people who are victims and prosecution witnesses in prescribed sexual offence cases.

These practices were developed as part of the Child Sexual Offence Evidence Program, which operated in various forms from a pilot in 2016 until 29 January 2024.

The criminal justice system is made easier for children and young people by:

• providing witness intermediaries to assist their communication needs during police interviews and court hearings
• using pre-recorded evidence in court cases.

What Victims Services does

Victims Services:

• administers the Witness Intermediary Service
• maintains a panel of trained and accredited witness intermediaries
• organises communication assessments for child victims and prosecution witnesses
• matches police and court requests with witness intermediaries who have the right skills and qualifications to assist with identified communication needs.

Who witness intermediaries are

Witness intermediaries are accredited:

• speech pathologists
• social workers
• psychologists
• teachers
• occupational therapists.

Their role is to:

• assess a child’s communication needs
• assist them to give their best evidence in police interviews and court proceedings.

Witness intermediaries are impartial. They are not expert witnesses, advocates or support people.

What witness intermediaries do

During police interviews

Police may request a witness intermediary when a child or young person is a victim or witness in a prescribed sexual offence matter.

The witness intermediary:

• meets the child to assess their communication needs
• advises police on the child's specific communications needs
• stays present during the interview to provide communication support.

During the court process

Children and young people in prescribed sexual offence cases can have their evidence pre-recorded for a trial. This includes evidence to be provided in examination, cross-examination and re-examination.

Communication assessment and report

Before the pre-recorded hearing, witness intermediaries meet with the child to assess their communication needs. They do not discuss evidence. An observer is present, such as:

• the police officer in charge
• a Witness Assistance Officer from the Office of the Director of Public Prosecutions (ODPP).

After the assessment, witness intermediaries prepare a report for the court. The report outlines:

• the child’s communication needs
• strategies to assist those needs
• guidance on the best way to communicate with the child during the pre-recorded hearing.

Pre-recording of children’s evidence

The evidence is recorded before a judge and lawyers, but without a jury. Children can give evidence from a remote witness room so they are not in the same room as the accused. The pre-recorded evidence is played to the jury during the trial instead of live testimony.

Witness intermediaries may be present in the remote witness room. They can alert the court if their recommendations are not being followed.

Children may also be supported by an ODPP Witness Assistance Officer or by their own support person.

How a witness intermediary is assigned

The Witness Intermediary Service does not accept referrals from individuals, the public or other services.

For police interviews

NSW Police can request a witness intermediary for children under 18. Referrals are made to Victims Services.

For court proceedings

Judges must appoint witness intermediaries for all children under 16. For people aged 16 to 18, a witness intermediary may be appointed by a judge. The ODPP Witness Assistance Service provides the referral to Victims Services.

Contact Victims Services

For more information about the Witness Intermediary Service, contact the Victims Services team:

• Phone: 1800 633 063 (option 6)
• Email: csoep@dcj.nsw.gov.au