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Free CPD to navigate the Child Sexual Offence Evidence Program
President's Message | 18 March 2024

Matters involving child sexual assault are among the most personally and professionally difficult for any lawyer, whether they represent the accused or the Crown.

In an effort to minimise trauma to children and young people who are complainants and/or prosecution witnesses, the government introduced the Child Sexual Offence Evidence Program (CSOEP), initially as a pilot and later extended to all NSW District Court locations.

The program introduces two elements not traditionally part of a usual trial:

  • Witness intermediaries, who “assess the communication abilities of children and make recommendations to police and courts on how to best support the child's communication needs”; and
  • The pre-recording of child complainant and witness evidence for tendering in the trial.
Our Professional Development team has secured Solicitor Advocate Amanda Mifsud from the Office of the Director of Public Prosecutions to present a complimentary CPD webinar for members. Amanda will break down the legislation and Practice Note requirements for CSOEP hearings.

The webinar will cover topics including eligibility under the new provisions, parallel proceedings with the Pilot Program (in Sydney and Newcastle), practical tips on working with witness intermediaries, and preparing for Ground Rules Hearings and Pre-recorded Evidence Hearings. Attendees will also have the opportunity to ask questions. 

I encourage all members whose practice includes these matters to log on to LawInform and take advantage of this webinar.

Artificial Intelligence Inquiry

Members will be aware that at the Opening of Law Term dinner, I identified AI and the Legal Profession as one of my three President’s Priorities for my term leading the Law Society this year.

Last Monday, I had the honour of representing the Law Society at the Legislative Council’s Inquiry into Artificial Intelligence (AI) in NSW, alongside the Chair of our Privacy and Data Law Committee Olga Ganopolsky and Dr Benjamin Kremer SC representing the NSW Bar Association.

I want to thank Olga and her Committee, along with the lawyers in our Policy and Practice Department for their excellent work on our written submissions to the Inquiry and for providing me with excellent preparation for the hearing.

Our appearance at the Inquiry gave us the opportunity to reinforce that NSW should not reinvent the wheel when regulating AI, but take into account work already done by the Commonwealth, and internationally, particularly in the UK, EU and US. We also emphasised the importance of human rights being front and centre of AI regulation, particularly as it concerns automated decision making.

If you haven’t done so already, you can read LSJ Online’s story about the hearing here. If you’re very keen, you can also read the Hansard of the session here.


Brett McGrath, President, Law Society of NSW