On 25 September 2024, the Tasmanian Law Reform Institute released its review of Tasmania’s pre-recorded evidence scheme. A link to the report can be found on the TLRI webpage here: Privacy Laws in Tasmania Final Report.

Tasmania’s pre-recorded evidence scheme, which allows witnesses to record evidence before a trial, was introduced in 2014 and this report constitutes the Institute’s recent evaluation of the scheme.

The Institute found that pre-recorded evidence has many benefits and is viewed positively by legal practitioners. However, the study also found there is a need for improved monitoring and evaluation to understand how pre-recorded evidence is being used in practice. With improved review processes the scheme can better meet the needs of witnesses and the criminal justice system.

In its Report, the TLRI has made 17 recommendations to provide for amendments to the Evidence (Children and Special Witnesses) Act 2001. The report highlights that while are many benefits of the Tasmanian pre-recorded evidence scheme, since the inception in 2014, there has been only a moderate increase in their use and there remains issues with the eligibility criteria in the Evidence (Children and Special Witnesses) Act 2001 (Tas).

Key reforms proposed in the report include:

  1. Improved systems and supports for witnesses giving evidence in the Magistrates Court;
  2. best practice guidelines be developed for the preparation and briefing of witnesses;
  3. not requiring witnesses to be present when their pre-recorded evidence is replayed;
  4. greater clarity and guidance regarding when a witness can be recalled to give further evidence after a pre-recording; and
  5. guidelines to achieve greater consistency in key procedural aspects of the scheme

The Tasmania Law Reform Institute is Tasmania’s peak independent law reform body and was established in 2001 by agreement between the Tasmanian Government, the University of Tasmania and The Law Society of Tasmania. The Institute undertakes impartial and independent reviews or research on areas of law and legal policy.

This project was funded by a grant from the Solicitor’s Guarantee Fund.

For enquiries, please contact the TLRI on (03) 6226 2069, or email Law.Reform@utas.edu.au

25 September 2024