Speak Out December 2015

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Speak Out December 2015 9
association news
video-link from her hospital. The defendant was convicted
of 22/23 counts and sentenced to 14 years in prison. At
sentencing the judge commended everyone who had enabled
her to give evidence, including the intermediary.
I saw first-hand the impact of the use of intermediaries on both
the justice process and the individual themselves. Regardless
of the outcome of the investigation, the ability for witnesses
to have a voice, and tell their story is incredibly empowering,
and for many people helps them to move on from the trauma
they have experienced. I loved being involved in making this
happen, and am continuing to do what I can in the Australian
context to raise awareness of the importance and value of
intermediaries.
Mary Woodward
Speech Pathologist and former
Registered Intermediary
What’s happening around the
country to support people who are
vulnerable in the justice system,
and have communication difficulties
NSW
In NSW, the Parliament recently passed the Criminal
Procedure Amendment (Child Sexual Offence Evidence Pilot)
Bill 2015, which is in relation to a three year pilot scheme
reforming the way that children can give evidence in cases
of child sexual assault. One of the changes includes the
use of a paid intermediary (also known as a Children’s
Champion) to facilitate the communication of the child witness.
Victim’s Services within the NSW Department of Justice
will be overseeing the pilot, which is due to commence on
1 April 2016, and in due course will be recruiting suitably
qualified and interested professionals to be trained to act
as intermediaries. Speech Pathology Australia made a
submission to the ‘Children’s Champions and Pre-recording of
Evidence’ discussion paper and also attended a round table
consultation.
South Australia
In 2014, the South Australian Attorney General’s Department
released the Disability Justice Plan 2014-2017 which included
specific guidelines on ‘Supporting Vulnerable Witnesses
in the Giving of Evidence’ with recognition given to those
with intellectual impairment and communication difficulties.
Speech Pathology Australia made submission on the early
drafting of this plan and subsequent legislation, and in
particular have maintained representations in relation to the
implementation of a Communication Assistance Scheme,
involving the use of ‘communication partners’ to assist those
with complex communication needs. While the focus on
those with communication difficulties is strongly commended,
the Association has expressed concern around the titling
and scope of these roles and the current plans to have
‘trained volunteers’ act in these roles rather than the use of
appropriately experienced professionals. Speech Pathology
Australia is maintaining its contact with the Attorney General’s
Department as well as liaising with the Hon. Kelly Vincent,
MLC, and representatives of the SA Law Society. A recent
meeting between representatives of Speech Pathology
Australia, Hon. Kelly Vincent and the President of the Law
Society has ensured that the Association’s voice on this issue
has been heard. Both Kelly Vincent and the Law Society
committed to take the issue forward, addressing it from a
cost/benefit point of view, in the media and with the Attorney
General’s department, with an aim to replace volunteers with
paid and professional intermediaries.
Victoria
In Victoria there is an Independent Third Party Program
managed by the Office of the Public Advocate, which provides
assistance for those undergoing police interviews, and general
support throughout the prosecution process.
Tasmania
Recent work is occurring in Tasmania on a scheme to assist
people with communication difficulties when interfacing with
the justice system. A forum was hosted by the Tasmanian
Law Reform Institute and involved the Attorney General,
politicians and professionals, including speech pathology
representatives. While this work is preliminary, an issues paper
is due to be released in the near future.
To join colleagues working in or with an interest in speech
pathology services within the justice system, visit the soon to
be launched Justice Member Community Facebook Group .
Gail Mulcair
Chief Executive Officer