NSW Government confirms $64 million commitment to Child Sexual Offence Evidence Program

The NSW Government will honour its predecessor’s commitment to ensuring a court system that drastically reduces trauma for survivors of child sexual abuse.

The NSW Government has confirmed it will honour its predecessor’s commitment to ensuring a court system that drastically reduces trauma for survivors of child sexual abuse.

Last November, news.com.au launched Justice Shouldn’t Hurt, a campaign – fronted by survivor-advocates Rose and Pippa Milthorpe – that called on the expansion of a program designed to make court less traumatic for children.

More than 67,000 people signed the Justice Shouldn’t Hurt petition for change. And after less than three months of campaigning, then-Premier Dominic Perrottet announced his government would invest $64.3 million to expand the Child Sexual Offence Evidence Program (CSOEP) to every District Court and Police District in the state, from July 1 this year.

The announcement means all young people who have been impacted by sexual assault or abuse will be eligible to access the program.

Attorney-General Michael Daley confirmed to news.com.au this commitment will continue under NSW Premier Chris Minns’ Labor Government.

“This funding is in addition to the current costs of the program,” Mr Daley said.

NSW Premier Chris Minns. Picture: NCA NewsWire/Gaye Gerard

NSW Attorney-General Michael Daley. Picture: NCA NewsWire/Monique Harmer

Under the program, children are able to prerecord their evidence and are provided with witness intermediaries to assist them during police interviews and hearings. This lessens the trauma of facing their abuser in court and helps reduce the length of proceedings. Specially trained judges, with expertise in child sexual abuse, are also used in the program to help facilitate greater justice.

Pippa and Rose, who were sexually abused as children, revealed their distressing court experience to news.com.au, after obtaining special court permission to speak out under their real identities in 2021.

That process cost about $45,000 and was supported by Marque Lawyers, news.com.au and the #LetUsSpeak campaign, which you can donate to here.

Survivor-advocates Rose and Pippa Milthorpe. Picture: NCA NewsWire/Monique Harmer

The Criminal Procedure Amendment (Child Sexual Offence Evidence) Bill 2023 makes two significant reforms.

The first is that all child complainants and prosecution witnesses aged under 18, or who were aged under 18 at the time the accused was committed for trial, will give evidence via a prerecorded hearing, unless the court makes an order to the contrary.

The second reform is the continuation of witness intermediaries – experts who have a background in social work, psychology, teaching, occupational therapy or speech pathology, and are appointed by the court for a child under the age of 18 to assist the witness during the prerecording of their evidence, and to facilitate communication of questions put to the witness and answers given by the witness in reply.

As member of the Legislative Assembly and representative for Albury, Justin Clancy, told a debate regarding the bill on September 20, “this is powerful change because it will have a positive impact”.

“This is a day that many have been looking forward to and working towards – particularly a family in my community [the Milthorpes] who have been through so much,” Mr Clancy said.

“Rose and Pippa Milthorpe were seven and 11 years of age when they took the stand in the trial of the man accused of sexually abusing them. It was a remarkably painful and difficult process. As the former Attorney-General [Mark Speakman] said, ‘Retraumatising a complainant does not advance justice’.

“This is powerful change because it will have a positive impact. We cannot remove the traumas that these children go through, but we can better support them, and this bill does that.”