Changes to the Evidence Act

Amendments have been made to the Evidence Act which make victims of domestic violence or domestic violence order related offences protected witnesses. This change comes into effect from 1 August 2023.

These changes mean that a protected witnesses cannot be cross-examined by an unrepresented defendant for domestic violence related offences at a summary trial.

In the 2023-24 State Budget, Legal Aid Queensland (LAQ) received additional funding to support representation of unrepresented defendants in summary trial matters related to domestic violence or domestic violence order related offences to ensure that protected witnesses are cross-examined by a trained lawyer rather than the defendant.

LAQ has been working with the courts about the process around these orders as LAQ funding has not previously been available under this scheme for summary trials.                                                                                                                      

Where a Magistrate makes an order under s21O of the Evidence Act for LAQ to provide a free grant of legal assistance for a summary trial in the Magistrates Court for a domestic violence or domestic violence order related offences, court registry staff will notify LAQ that an order has been made.

LAQ and the Courts have agreed on a process where the relevant information and court order is to be uploaded by registry staff via an online form on LAQ’s website. This process has been confirmed and communicated out to all registry staff.

Once registry staff complete the online form, Grants will receive the form for processing. Grants will allocate a grant of legal assistance for representation to an in-house solicitor or preferred supplier firm on the relevant criminal law panels.

For further information about the grants of aid that will be available for this scheme, please see the Grants Handbook.

Grants Team 9 will be the responsible team for the allocation of the initial grant of aid and any ongoing file management. If you have any questions, please email your grants team.