VIDEOCONFERENCING LEGAL SERVICES

 

Videoconferencing in Australia

Australia was among the first to accept videoconferencing (sometimes referred to as video link) in its courts.  The vastness of the country and its distance from Europe and the USA meant that its courts recognised the value of videoconferencing very early on as a real alternative to travel, or to not getting testimony.  Vulnerable witnesses were among the first in the early 1990s, to give testimony in this manner.

District, County, Family, Federal and Supreme courts all use videoconferencing testimony.  By 1999 the Parliament of Victoria stated that Australia was ‘internationally recognised’ for its use of videoconferencing.

In her report ‘E-Justice, An Australian Perspective’, Anne Wallace (University of Canberra) explored the impact of technology on courts and prisons. She concludes that the general judiciary use videoconferencing as a standard tool for pre-trial, prison probation hearings, domestic and international court cases. 

Melbourne Law School have a Moot Court in which they train future lawyers in all aspects of trials including videoconferencing.

In the journal Australasian Psychiatry. 14(1):53-56, March 2006., Brett, Adam; Blumberg, Lawrence conclude that  ‘Videoconferencing facilitates the provision of specialized forensic services to courts in remote parts of Australia’.

All Australian Supreme courts have specific instructions available on their websites for the use of videoconferencing in their courts.

The procedures for establishing links are covered by various pieces of legislation. 

Relevant Legislation

There is a wide range of legislation providing the discretionary framework enabling the use of a videoconferencing in court proceedings. Whilst not exhaustive, the list below represent those Acts and regulations most commonly relied upon and has been taken from the Perth Supreme Court website.

s.25A Cross-examination by accused in person
s.106N Video links or screening arrangements may be used
s.106R Special witnesses, measures to assist
s.106RA Visually recording evidence of witnesses in criminal matters
s.120 Interpretation for s. 120 to 132
s.121 WA court may take evidence or receive a submission by video link or audio link
s.122 Counsel entitled to practise
s.123 Recognized court may take evidence or receive a submission from a person in this State
s.124 Recognized court's powers
s.127 Privileges, protection and immunity of participants in proceedings in a recognized court
s.128 Recognized court may administer an oath in the State
s.130 Contempt of a recognized court
s.131 Regulations for fees and expenses relating to the use of a video link or an audio link
s.132 Operation of other laws