McKee NicoleCOURTS (REMOTE PARTICIPATION) AMENDMENT BILLThird ReadingHon NICOLE McKEE (Minister for Courts): I seek leave to present a legislative statement on the Courts (Remote Participation) Amendment Bill.SPEAKER: Leave has been sought for that course of action. Is there any objection to that? There appears to be none. That legislative statement is published under the authority of the House and can be found on the parliamentary website.Hon NICOLE McKEE: I move That the Courts (Remote Participation) Amendment Bill be now read a third time.I'm pleased to be here to speak to the third reading of the Courts (Remote Participation) Amendment Bill. This bill returning to the House signals another step towards fulfilling the Government's commitment to enable more remote participation in court proceedings and achieves our target of passing the bill into law this quarter. This work forms part of the Government's core priorities to restore law and order and to improve court performance and access to justice so that people can move on with their lives faster. The greater use of remote participation can help us achieve this goal.As we know our courts are under pressure and delays in court processes have a significant impact on court participants particularly those who are vulnerable such as victims of crime. The drivers for these delays are complex and have been exacerbated by events such as the COVID-19 pandemic. The use of technologies makes courts more efficient and accessible and will play a key part in helping us to achieve our goals. This bill reflects one step in that direction.In addition remote participation can provide benefits such as reduced travel time and reduced costs for participants in the community. Remote participation of defendants who are in custody reduces the risk of violent incidents being perpetrated by high-risk defendants during transport to the court or in the court itself. Remote participation can also reduce transport and security costs for Corrections and Police.To remind everyone the bill makes three discreet changes to improve and clarify the legislation governing remote participation in court proceedings—two amendments are to the Courts (Remote Participation) Act 2010 and one is to the Criminal Procedure Act 2011. Firstly the bill gives victims and their support people the option to observe criminal trials and sentencing remotely instead of in person if suitable technology is available and a judicial officer or court registrar considers this to be appropriate. Remote observation will not be appropriate or available in all situations. For example natural justice requires that where a victim is also a witness in the trial they cannot hear the testimony of other witnesses before giving evidence themselves.This amendment will give victims a safer and easier option to attend criminal trials and sentencing as it will enable them to avoid the stress and the potential for revictimisation and intimidation from attending court in person. Victims may also benefit from reduced travelling time and associated costs. However I anticipate that some victims will still want to attend in person and importantly they are still able to do so if they wish. This amendment will come into effect six months after Royal assent. This additional time is needed to allow for the development of new court processes and supporting material.The second change allows the use of audio links such as telephone conference calls for appropriate criminal civil and Family Court proceedings. I'm confident that the existing safeguards in the Act and the new safeguards in the bill will ensure that the use of audio links is in line with the principles of natural justice and will uphold the rights of parties. For example audio links will be able to be used only when the judicial officer or court registrar is satisfied that the parties will be able to effectively comprehend and participate in proceedings. This recognises that audio links would usually not be appropriate for participants who are vulnerable due to their age cognitive ability or language comprehension.Further the bill prohibits audio links being used in criminal proceedings that defendants attend because it is critical to the delivery of justice that defendants can engage effectively in proceedings that affect them. Likewise proceedings under mental health legislation that will determine whether a person needs to be compulsorily detained and treated will not be able to be held using audio links if the person is required to attend the hearing.The use of audio links will increase the number of people that are able to participate remotely. The Act currently authorises the use of audiovisual technology only. Many people in the community who are involved in court proceedings may not have access to audiovisual technology and with this change they will still be able to avoid the time the cost and the effort of travelling to court for short procedural hearings.The third change makes permanent what was a temporary amendment to the law during the pandemic. That change clarified that remote participation in criminal proceedings and remote observation by the media and the public are consistent with the principle of open justice. Open justice enables public scrutiny of criminal proceedings and promotes public understanding of and public confidence in the criminal courts. With the growing use of remote participation in court proceedings this statutory clarification needs to be permanent.We are also undertaking a first-principles review of the Courts (Remote Participation) Act. This review aims to identify a clear enduring regulatory framework that will enhance access to justice promote efficiency and enable more remote participation in court proceedings without compromising the interests of justice. The Ministry of Justice will be engaging with the judiciary and other agencies as the review progresses.In conclusion these three changes strike the important balance between providing more efficient and accessible ways to participate in court proceedings fair trial rights and the fundamental constitutional principles of judicial independence and the separation of powers. The bill maintains judicial control over the use of remote participation in courts and recognises that it will not always be appropriate or possible for technology to be used in some court proceedings. The Courts (Remote Participation) Amendment Bill is one step towards our wider goal of enabling more remote participation in court proceedings.This is the first bill that I have taken through all stages in this House as a Minister of Government. It was pleasing to see this bill gain full support across the House yesterday as all parties recognise the benefits it will bring to our under-pressure courts and victims impacted by delays in justice. I know a number of other bills I may bring to this House may not receive the same sort of support as they progress but I am very glad that this one has. I commend this bill to the House.