Tasmanians with communication needs will have greater access to justice if the state government implements new recommendations from the Tasmanian Law Reform Institute.
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In 2016, former Attorney-General Vanessa Goodwin tasked the TLRI with investigating the feasibility of an intermediary scheme for Tasmania’s courts.
Facilitating Equal Access to Justice: An Intermediary/Communication Assistant Scheme for Tasmania is the product of the TLRI’s investigation.
The paper seeks to improve the justice process for children, as well as adults with communication needs arising from things such as linguistic and intellectual development issues, mental and cognitive impairments, trauma, language issues and dyslexia.
It recommends “significant” changes to Tasmania’s criminal justice system, such as the introduction of communication experts – or intermediaries – to assist victims, witnesses and defendants with communication needs.
These experts will aid people to engage with police, lawyers and the courts.
A raft of other measures are proposed in the report, including pre-trial directions hearings and police investigative interviewing procedures that are adapted to subjects’ linguistic capabilities.
It is believed such reforms would not only make the justice system less daunting for people with communication needs, but also would increase efficiency in the courts.
TLRI director Terese Henning said Tasmania’s justice system had failed children and others with communication needs.
“The ability of people to communicate with police, lawyers and in the courts will fundamentally determine whether they gain access to justice and whether justice can in fact be done,” she said.
“An intermediary ... assistant scheme in Tasmania will ensure that people with communication needs are able to understand and participate in criminal justice processes.
“Police, lawyers and judges will also benefit from expert advice on communicating with these people.”
Intermediaries have been utilised in England and Wales for more than two decades, reducing cross-examination times by hours, and, in some cases, even days.
Western Australia already has an intermediary scheme, while South Australia and New South Wales have implemented pilot schemes, with Victoria soon to follow.
