Evidence recorded in courtrooms will be allowed in ACT retrials under changes to be made by the ACT government.
Attorney-General Shane Rattenbury has agreed to consider further changes, recommended by a committee, later in the year.
This would include whether changes are needed around a witness consenting to the filming of evidence and working with stakeholders on the implementation of the bill.
Mr Rattenbury introduced the proposed changes to the territory's parliament last year after concerns had been raised by the Director of Public Prosecutions Shane Drumgold SC.
Under current ACT laws, complainants in sexual violence and family violence matters can give their evidence from a remote witness room. This evidence is recorded and can be used again in the event of a retrial.
However, a complainant can choose to give their evidence in-person in the courtroom but if this is recorded it cannot be used again in the event of a retrial.
The proposed changes to the laws attracted attention as it had the potential to affect the retrial of Bruce Lehrmann who was accused of raping Brittany Higgins.
The rape charge levelled at Mr Lehrmann was dropped last year because of concerns about the impact on Ms Higgins' mental health.
Mr Lehrmann denies raping Ms Higgins at Parliament House when the pair were federal Liberal Party staffers in March 2019.
A committee inquiring into the bill handed down a report in December. During the inquiry there were concerns expressed about the consultation on the bill, with some saying it was too short. Stakeholders were only told about the bill in the fortnight before it was introduced.
This was noted by the committee who recommended the government work with stakeholders on the implementation of the bill.
Mr Rattenbury agreed to work with stakeholders and noted their concerns in the Assembly on Wednesday morning.
"While there was a limited timeframe during the development phase, it is also clear that this bill has gone through a normal process in this Assembly," he said.
"The inclusion of the provision of the bill was designed to ensure that there was a specific opportunity for public consideration of the provision.
"This included enabling the opportunity for the committee to conduct an inquiry into the bill, to take public submissions and provide a view to both the government and this Assembly."
The bill has a precondition for consent, which means a witness has to give consent prior to their evidence being recorded.
This precondition will remain in the bill but the ACT government will examine whether an opt-out approach could be added in legislation due to be introduced later this year.
The consent provision concerned the Director of Public Prosecutions.
In a submission to the inquiry, Mr Drumgold said requiring consent created a "significant risk of error". He said it was concerning as a complainant may change their position over time and if they chose not to be recorded they faced the possibility of being retraumatised.
He said a traumatised witness may not wish for their evidence to be recorded due to a range of reasons, including trauma, but if the matter is overturned on appeal or a jury is discharged the witness may have changed their mind and wish for it to be played instead of giving fresh evidence.
The government's response said there will be further consultation later this year as part of the proposed Sexual Assault and Family Violence Bill.
"The proposed consultations will also canvass any concerns or issues that arise during the early operation of these provision of the bill," the response said.
"The essential principle is agency for a victim-survivor while also ensuring the legislation provides a robust system to prevent re-traumatisation of witnesses in related proceedings, appeals or retrials."
We've made it a whole lot easier for you to have your say. Our new comment platform requires only one log-in to access articles and to join the discussion on The Canberra Times website. Find out how to register so you can enjoy civil, friendly and engaging discussions. See our moderation policy here.
