A note on terminology: We use the language of ‘victims’ as a single term to cover any person who has, or is alleged to have, suffered harm as the result of unlawful action. We acknowledge that there are complexities in language, and some people might prefer other terms.
Victoria has several specialist services supporting witnesses in court proceedings, including the Child and Youth Witness Service (CYWS), which supports children and young people required to give evidence in criminal proceedings, and the Intermediaries Program, which helps vulnerable witnesses provide their best evidence during police interviews and court hearings. The Victim and Witness Assistance Service (VWAS) is managed by the Office of Public Prosecutions and offers information and support to adult victims and witnesses of serious crime. The Victims Assistance Program (VAP) is a network of agencies across Victoria that provide free services to victims of violent crime. Court Network volunteers operate in the Magistrates’ Court, County Court, and Supreme Court to provide information and support to people at court. The Victorian Government also has a Victims of Crime Helpline.
The following resources offer practical guidance on effective communication with victims and vulnerable witnesses, working with intermediaries, and conducting ground rules hearings.
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DocumentSKILLS
Victims of Crime in the Courtroom: A Guide for Judicial Officers
Published in 2019 and updated in 2023, this comprehensive guide for judicial officers and court staff provides information on how to limit the potential for the court experience to re-traumatise victims, witnesses and complainants without compromising the integrity of the tribunal process.
Understanding the impact of trauma and counter-intuitive behaviour will help you identify and manage these issues in your court or hearing room.
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External Link
Understanding adult sexual assault matters: Insights from research and practice
This paper by the Australian Institute of Family Studies provides an evidence-based framework to better understand the complexities of sexual offending against adults. Drawing on case law, legislation, and academic research, it identifies 13 'Insights' and associated false assumptions, many of which are addressed in Victoria through provisions of the Crimes Act 1958 and the Jury Directions Act 2015.
Find out more about the dynamics of family violence and courtcraft techniques on our Family violence page.
Vulnerable victims and witnesses, particularly children and people with a disability, face complex issues in court proceedings.
The Intermediary Program, which commenced in 2018, introduced intermediaries and ground rules hearings in matters involving vulnerable victims. The scheme is set out in pt 8.2A of the Criminal Procedure Act 2009.
The Multi-jurisdictional court guide for the intermediary pilot program provides practical information on working with intermediaries and conducting a ground rules hearing, including directions.
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DocumentLAW
Case Note: Ward (a Pseudonym) v The Queen (2017) 54 VR 68
This case note summarises key parts of the decision in Ward v The Queen, which contains a thorough discussion of the principles that apply to cross-examining children, and provides guidance for practitioners and judicial officers on the appropriate limits on such cross-examination.
Part 8.2A of the Criminal Procedure Act 2009 governs the use of ground rules hearings and intermediaries.
Questioning
For an outline of overarching principles for questioning witnesses, as well as discussion of issues such as developmental milestones, and sample scripts to use, refer to Child Witnesses: Testing Competency and Questioning – A Practical Guide.
Court-specific resources
Magistrates’ Court of Victoria
- Magistrates’ Court Practice Direction No. 5 of 2023 – Ground Rules Hearings & Intermediaries
- Magistrates' Court Practice Direction No. 4 of 2023 – Ground Rules Hearings
County Court of Victoria
The following resources provide information on understanding the communication needs of vulnerable victims and witnesses.
The following fact sheets explain common issues and strategies to communicate with vulnerable witnesses. They were prepared by the Intermediaries Pilot Program, Department of Justice and Community Safety:
- Communicating with people with Acquired Brain Injury (ABI)
- Communicating with people with Attention Deficit Hyperactivity Disorder (ADHD)
- Communicating with people with intellectual disability (ID)
- Communicating with people who use augmentative and alternative communication (AAC)
- Communicating with people with Autism Spectrum Disorders (ASD)
- Communicating with people with an Anxiety Disorder
- Communicating with people with a Psychotic Disorder
- Communicating with people with Trauma Related Disorders
- Communicating with people with Personality Disorders
Further fact sheets were developed by the Child and Youth Witness Service, which can help you to communicate with child witnesses and obtain quality evidence from children of all ages and abilities:
The following links provide further reading which may be relevant to judicial officers looking for information about managing victims and witnesses:
- Family violence page
- Victims of Crime Commissioner
- Bench Book for Children Giving Evidence in Australian Courts (Australasian Institute of Judicial Administration, Updated March 2020).
- The Advocate’s Gateway – provides access to ‘practical, evidence-based guidance on vulnerable witnesses and defendants’.
- Modern slavery: Guidance for Australian courts