Sexual offence expert evidence panel
Overview
Queensland Courts is piloting a Sexual Offence Expert Evidence Panel (the Panel) to allow experts to give relevant evidence in sexual violence proceedings.
The Panel will implement Recommendations 80 and 43 of the Women’s Safety and Justice Taskforce report Hear her voice: Report Two.
The Panel will be introduced in a staged approach and, once fully established, will have two streams of experts to service referrals for matters in specified courts at pilot locations in Brisbane and Townsville:
- Stream 1 will allow an expert to give relevant evidence about the defendant in a proceeding for a relevant offence. Specifically, as to whether the defendant’s cognitive and/or mental health impairment at the time of the alleged offence was a substantial cause of the person not saying or doing anything to ascertain whether the other person consented to the sexual act.
- Stream 2 will allow experts to give counterintuitive evidence about the nature of sexual offences and the social, psychological and cultural factors that may affect the behaviour of a person who has been, or alleges to be, the victim of a relevant sexual offence as requested by the prosecution, defence, or court.
Referrals for Stream 1 experts are now open
You can lodge a referral to access the services of a Panel expert if:
- your matter is being heard in either Brisbane or Townsville, and
- you require an expert opinion around a defendant’s cognitive and/or mental health impairment, and whether at the time of the alleged offence the impairment had a substantial impact on the defendant’s ability to say or do something to affirm consent.
The referral form can be submitted:
- electronically online or via email
- via post
- via email as scanned copy to the Program Team.
On receiving referrals, the Program Team will ensure that the matter meets the eligibility criteria and will advise the requesting party whether or not the matter is being progressed.
If the matter is being progressed, the Program Team will undertake a matching process, and will contact the requesting party once an expert has been appointed to the matter.
If you have any questions about the referral form, or the matching process, contact the Program Team on (07) 3564 7748.
Ongoing recruitment for Stream 1 experts
If you are interested in being appointed to the Panel as a Stream 1 Expert, you can lodge an application directly with the Program Team using the application form .
A Program Team member will contact you when you lodge your application to provide information on timeframes for application processing.
Legislation
The Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 was passed by Queensland Parliament on 6 March 2024 and contains changes to the Criminal Code and Evidence Act 1977. These changes provide the legislative basis for an expert from the Panel to give Stream 1 evidence.
Referrals
The Panel will commence accepting incoming referrals for Stream 1 from 3 February 2025.
Information session
To support practitioners in preparing for implementation, the Court held an information session on 21 January 2025 in Brisbane. Watch this seminar.
A further information session for North Queensland practitioners and interested stakeholders, introduced by His Honour Judge John Coker, will be held at the Townsville Supreme and District Courts at 4.00pm on Wednesday 19 February 2025. Book now to attend online or in person.
Further information
For more about the Panel’s operations, refer to the documents in under 'Useful links' on this page.
If you have any questions about this program, which will commence on 3 February 2025, contact the Program Team on (07) 3564 7748.