The NSW government has introduced proposed reforms aimed at changing the way adult sexual assault prosecutions are conducted in NSW.
The Criminal Procedure and Other Legislation Amendment (Victim Experience Reforms) Bill 2026 was introduced into the NSW Parliament on 22 September 2026. The proposed reforms are intended to reduce the distress experienced by sexual assault complainants during criminal proceedings while maintaining the accused persons’ right to a fair trial.
The proposed changes include introducing rules for hearings in adult sexual assault proceedings, expanding the use of recorded police interviews as evidence, and strengthening protections for counselling records.
Importantly, the reforms are not yet law. The bill remains before the NSW parliament and is awaiting the second reading debate.
What are the proposed sexual assault law reforms in NSW?
The NSW Government says the reforms are intended to make the criminal justice process less traumatic for people who report sexual assault, while ensuring that the accused continues to have a fair opportunity to defend the allegations.
The proposed reforms focus on three key areas:
- Ground rules hearing for adult sexual assault proceedings;
- Recorded evidence in chief for adult sexual assault; and
- Greater restrictions on access to sexual assault complainant counselling records.
The government says the reforms build on existing protections for vulnerable witnesses and practices already used in child sexual assault proceedings.
Ground rules hearing for adult sexual assault trials
One of the most significant proposed changes is the introduction of ground rules hearings for adult sexual assault proceedings.
A hearing would take place before the complainant gives evidence. The court could provide directions on how questioning is conducted and address any communication or support needs.
This could include directions about:
- How long can questioning continue;
- How questions should be asked;
- The topics that may be covered; and
- Communications aids or other support that may assist the complainant.
The reforms would also require pre-trial discussion about jury directions that may be relevant to the matter, such as consent, delay in reporting and differences or inconsistencies in accounts.
The pilot is proposed to operate at the Parramatta, Wollongong and Dubbo District Courts from 2027 until 2030, supported by a $4.8 million investment.
The proposed reforms are not intended to prevent legitimate testing of the prosecution’s case.
Recorded police interviews as evidence in chief
The reforms would also expand the circumstances in which a complainant’s recorded police interview can be used as their evidence in chief.
Currently, recorded evidence is available in certain circumstances, including for children under 16 and people with cognitive impairment. The proposed reforms would extend this approach to adult sexual assault proceedings.
This means an adult complainant could have their recorded police interview played to the court rather than giving the same evidence orally.
The Government says this could reduce the trauma associated with repeatedly recounting an alleged sexual assault and allow complainants to provide their account earlier in the proceedings. The reforms would also allow recorded evidence in chief to be used in a retrial, reducing the need for a complainant to repeatedly provide the same evidence.
Changes to counselling records
Another proposed reform concerns sexual assault communications privilege.
Sexual assault complainants may have confidential communications with counsellors or other professionals concerning the alleged assault. Access to these records can be particularly sensitive because they may contain highly personal information.
The proposed reforms would amend the Criminal Procedure Act 1986 (NSW) so that courts consider protected communications records only, when necessary, rather than automatically or as a precaution.
The NSW Government says the changes are intended to strengthen privacy protections while further research examines whether broader changes to the use of counselling records are appropriate.
The proposed changes do not remove the fundamental right of an accused person to defend themselves. However, they may change the procedural and evidentiary framework in which that defence is conducted.
Anyone charged with a sexual offence should obtain legal advice as early as possible. The available defences, evidence, cross-examination strategy and potential outcomes will depend on the particular allegations and circumstances of the case.
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