Witness Intermediary Service

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

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

The criminal justice system is made easier for children by providing witness intermediaries to assist during police interviews and court proceedings through the Witness Intermediary Service, and by using pre-recorded evidence in court cases.

What does Victims Services do?

Victims Services administers the Witness Intermediary Service and maintains the panel of witness intermediaries, including their training and accreditation.

We also assist with organising the communication assessment of child victims and prosecution witnesses in sexual offence cases. When the police or courts require a witness intermediary, we match the request with someone who has the appropriate skill set and qualifications to assist with the communication issues identified.

What is a witness intermediary?

Witness intermediaries are accredited speech pathologists, social workers, psychologists, teachers or occupational therapists.

Their role is to assess a child’s communication and assist them in giving their best evidence during police interviews and court proceedings. They are impartial and are not expert witnesses, advocates, or support persons.

What do witness intermediaries do?

During police interviews

When a child or young person is a victim or witness in a prescribed sexual offence matter and needs to attend a police interview, police can request a witness intermediary.

The intermediary meets with the child to assess their communication and provides guidance to the police on the child’s specific communication needs. The witness intermediary remains present during the police interview to provide communication support.

During the court process

Pre-recording of children’s evidence

Children and young people who are victims and witnesses in prescribed sexual offence cases can have their evidence pre-recorded before a trial. This process includes evidence to be provided in the examination, cross-examination and re-examination of the child complainant or prosecution witness.

The pre-recording takes place before a judge and lawyers, without a jury present. The child can give their evidence from a remote witness room so that they do not have to be in the same room as the accused. This pre-recorded evidence is later played to the jury during the trial instead of being given live.

During the pre-recording of evidence, witness intermediaries can be present and may sit with the child in the remote witness room. They can let the court know during questioning if the recommendations in their report are not being considered.

Child witnesses may be supported by an ODPP Witness Assistance Officer or their own support person at court.

Communication assessment and report

Before a pre-recorded hearing, witness intermediaries meet with the child to assess their communication. They do not talk about evidence during this assessment. An observer is also at the assessment, such as the police officer in charge or the Witness Assistance Officer from the Office of the Director of Public Prosecutions (ODPP).

Following the assessment, witness intermediaries write a report that is provided to the court. This report outlines the child’s communication needs, strategies to assist those needs and guidance on the best ways to communicate during the pre-recording of evidence.​

Who has access to a witness intermediary?

Witness intermediaries are available in matters that involve a prescribed sexual offence.

For police interviews, they may be requested to assist children under 18 years of age. NSW police make referrals to Victims Services to request a witness intermediary for these interviews.

In court proceedings, witness intermediaries are appointed by a judge for all children under 16 years of age. For people aged 16 to 18 with communication difficulties, a witness intermediary may be appointed by the judge or upon request. The ODPP Witness Assistance Service provides a referral to Victims Services in these cases.

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

Contact us

For more information about the Witness Intermediary Service, you can contact the team by:

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