McKee NicoleCOURTS (REMOTE PARTICIPATION) AMENDMENT BILLFirst ReadingHon NICOLE McKEE (Minister for Courts): I present the legislative statement on the Courts (Remote Participation) Amendment Bill.DEPUTY SPEAKER: That legislative statement is published under the authority of the House and can be found on the Parliament website.Hon NICOLE McKEE: I move That the Courts (Remote Participation) Amendment Bill be now read a first time. I nominate the Justice Committee to consider the bill. At the appropriate time I intend to move that the bill be reported to the House by 31 July 2024.The court system is currently experiencing significant delays particularly in the criminal and the family jurisdictions of our busiest court the District Court. The drivers of court delays are complex and have been exacerbated by unpredictable events like pandemics and cyclones. This Government is committed to speeding up court processes so victims and other participants can move on with their lives. We see enabling more use of audiovisual technology as one part of our work to reduce court delays. This bill contributes towards the fulfilment of one of the Government's 100-day plan commitments: to enable more virtual participation in court proceedings.To enable more virtual and remote participation in court proceedings we need to make three targeted changes that can be implemented quickly. These changes involve allowing a victim and their support person to watch a criminal trial and sentencing remotely. This provides a safe option for victims to attend court helping them to avoid re-traumatisation and intimidation that can sometimes happen. I anticipate that some victims will want to attend court in person and they still will be able to do this.The bill allows the use of audio links such as teleconferences for appropriate court proceedings and it will be making permanent what was a temporary change to the law made during the pandemic that clarified remote participation in criminal proceedings is consistent with open justice. These changes strike the important balance between providing alternate ways to participate in court proceedings fair trial rights and the important constitutional principles of judicial independence and open justice.In 2024 we're living in a virtual world where audio and video technology is part of daily life. This bill has the potential to increase access to justice and the efficiency of our courts as well as providing a safe option for victims to participate in court processes. Audiovisual links—or AVL—for defendants in custody reduces the possibility of violent incidents either in court or while they are in transit.This bill cements the lessons learnt during COVID and affirms them in law. However we need to recognise that it may not always be appropriate or even possible for technology to be used in court proceedings. For example remote observation would not be appropriate if the victim has yet to give evidence in their proceedings. Proceedings that apply to vulnerable parties—for example those under mental health legislation where a determination as to whether the party needs to be compulsorily detained and treated—are exempt from the audio link provisions in this bill.It is also critical that defendants can participate effectively in proceedings that affect them particularly when evidence is being heard in those proceedings. The threshold is higher for the use of AVL technology when the defendant's guilt or innocence is being determined. Judicial officers are best placed to decide on a case by case basis whether remote participation is in the interests of justice. Currently audio technology such as teleconferences is already widely used in the courts but it is not used for proceedings that defendants attend—and this will continue to be the case under this bill. As I have mentioned it is critical to the delivery of justice that defendants can engage effectively in proceedings that affect them. However in some cases judges will need to be able to actually see the defendant during a court case to make sure that they understand what is happening and to determine their credibility. In this regard the bill maintains the important constitutional principle of judicial independence and it recognises that judges must be able to control the conduct of court business in their courtrooms.The targeted amendments in this bill will improve and clarify the law around remote participation in court proceedings. The changes allow victims and their support people to watch a criminal trial and sentencing remotely reducing the stress and the anxiety that victims often experience.This bill is an initial step in advance of an upcoming first-principles review of the Courts (Remote Participation) Act. This bill is just one step towards the wider goal of enabling more virtual participation in court proceedings. I just mentioned that we're about to undertake a more comprehensive look at the Courts (Remote Participation) Act so that we ensure it is fit for purpose into the future. Because the Act has not been substantively reviewed since it was passed in 2010 there have also been considerable advances in technology and the use of technology since the Act was first developed.The Ministry of Justice is also working on initiatives to address delays including improving case management reducing adjournments and increasing the use of text messaging to ensure participants turn up in court. But we're not doing this alone; the police and the judiciary are also focused on court timeliness. We intend to develop a modern and fit for purpose regime that enables an increased use of remote participation in courts and also upholds core constitutional principles including the separation of powers and the defendants' fair trial rights. This work will require the involvement of the justice sector and other relevant agencies as well as the judiciary. We will be working together to make sure the legislation works for the justice sector as a whole.I look forward to the Justice Committee's consideration of this bill and I note that the Courts (Remote Participation) Amendment Bill is the last legislative item on our 100-day plan. I commend this bill to the House.