Technology in the Court

The Court has the option of allowing evidence to be given remotely by Audio Video Link (AVL).

Video facilities

The Tribunal has 2-way Video Link facilities in its Court rooms in Sydney. This includes:

cameras
large, high-definition LCD monitors
telephone conferencing equipment
microphones that enable the people in Court to see and communicate with witnesses in remote locations.

The Court can use this equipment to:

administer an Oath or Affirmation to the witness
take their evidence
put objections to them
identify to them the other people in the Courtroom and outline their roles.

Picture and sound quality

Slight delays may occur between the reception of the picture and the accompanying sound. This can occur even with the most advanced ISDN link.

Users of the system need to allow for this delay by pausing after speaking to give the remote witness time to respond. This will also help users avoid speaking over each other.

It’s important to note that all microphones in the Court are sensitive and will, for example, amplify the sound of rustling papers or whispered conversations. It could also increase the background noise heard by the remote witness and make proceedings harder to follow.

Users can also see a window showing the screen image being viewed at the other end of the link.

Remote witnesses

At the start of the transmission, the camera will focus on the presiding Judge, who will then ask Counsel (legal representatives) to identify themselves.

Prior to their court appearance, remote witnesses should be told:

The names of the presiding Judge and the Counsel in the Court.

The practices of the Court such as the taking of an Oath or the making of an Affirmation (which will normally be administered from the Courtroom).

That the remote witness should not respond to an Objection until directed to do so by the Judge.

Where possible, the way the witness will be given access to evidence or shown a copy of any evidence.

The Judge can exercise discretion on whether any assistance is provided to the remote witness at their location. In the ordinary course of a Hearing, the witness should not take direction or guidance from any person in the room - or consult documents - without the leave (permission) of the Judge.

Video recordings of remote witnesses

Should parties wish to have a video recording made of the transmission, they should seek the permission of the presiding Judge before the Hearing, so arrangements can be made. Parties will be required to pay a fee to produce the video.

Note that all sound is recorded.

Evidence on document cameras

Each Tribunal Courtroom has a ‘document camera’. A witness can be shown images of documents transmitted from the Courtroom and asked to identify them. It’s important that Counsel agree on the documents to be shown to the witness beforehand, if practicable.

The Video Link operator will need to know the number and size of documents or objects, and the order in which they are likely to be shown.

Order of proceedings

The examination of a witness at a remote location follows as closely as possible the same practice that applies when a witness is in a Courtroom.

During examination, cross-examination and re-examination, the remote witness will see the Counsel asking the question. If Objections are taken, the witness would variously see opposing Counsel or the Judge. In the Courtroom, the Counsel, the Judge and others present will see the witness.

Cost of transmission

The cost of Video Link transmission and associated charges are met by the party requesting the Video Link. Such costs may become Costs in the Cause.

Every effort should be made to keep transmission to the minimum time required. This is to conserve costs as well as Tribunal and technical resources. Counsel can assist by doing whatever planning is necessary for the proposed examination.