Queensland Intermediary Scheme frequently asked questions

No. You may be eligible for an intermediary if you are a prosecution witness in a child sexual offence case in Brisbane and Cairns and:

• are under 16 years
• have an impairment of the mind
• have difficulty communicating

No. The QIS is currently not available to individuals accused of committing a crime.

For a police investigation: the investigating officer or similar can make the request. We aim to be able to assist with urgent referrals dependent on availability of resources.

For a court matter: A referral must come from the Office of the Director of Public Prosecutions or by order of the court.

For further information see below in 'Process and procedure'

Intermediaries must not:

• advocate for the witness
• question or cross-examine the witness
• answer questions or coach the witness on how to respond
• act as a support person (though a separate support person may be present)
• develop a therapeutic relationship with the witness (e.g. providing treatment)
• discuss, advise, or express opinions about the witness’ evidence
• act as an expert witness or assess the witness’ capacity to give evidence
• serve as an interpreter
• be alone with the witness unless this is recorded.

For more details, refer to sections 21AV and 21A(2)(d) of the Evidence Act 1977

An intermediary provides communication assistance, while a support person offers emotional support. Support persons can be family or friends, whereas intermediaries are qualified professionals who are impartial and independent.

Intermediaries are impartial officers of the court, with a duty to assist the court in obtaining the best evidence from witnesses.

Intermediaries are neutral and independent. They do not take sides or advocate for the witness. Their role is to help a witness communicate in a court process. They do this by helping communication between the parties and the vulnerable witness.

The language used by police, lawyers and judges involved in the criminal justice system can be confusing and difficult to understand for children and people with communication needs.

Intermediaries are critical to support witnesses to communicate and give their best evidence.

This support:

• boosts the quality of evidence
• reduces trauma for witnesses
• ensures fairer outcomes in court.

The QIS raises awareness of vulnerable witnesses’ needs, especially in child sexual abuse cases, and gives police officers, lawyers and the courts a better understanding of the needs of vulnerable witnesses.

No. Intermediaries do not assess competency or capacity. Their role is to help the court to communicate with vulnerable witnesses effectively.

A vulnerable witness, their parent or guardian cannot request an intermediary.  Only police officers and staff from the Office of the Director of Public Prosecutions (ODPP) officers can submit a referral for intermediary services.

For a police investigations: Usually an officer involved in the investigation can make the request. The QIS aim to be able to assist with urgent referrals dependent on availability.

For a court matter: Referrals are made by the ODPP following the court making an order appointing an intermediary for the witness.

The QIS team matches witnesses with intermediaries based on:

• location
• the intermediary’s skills aligning with the witness’ needs
• the absence of any conflicts of interest
• availability on the required date.

If an intermediary has previously worked with a witness through the scheme, efforts will be made to reassign the same intermediary if this is in the best interest of the witness.

Intermediaries must declare any conflicts of interest, such as:

• personal relationships with the witness or defendant
• previous professional involvement with the witness or defendant

If a conflict arises, the intermediary must notify the QIS team immediately. The witness will be reassigned to another intermediary.

A directions hearing is a court event. Here, the judge, prosecution, defence, and intermediary talk about the recommendations from the intermediary’s report and how to adjust court practices for the witness. The goal is to help the witness give their best evidence.

The witness does not attend this hearing. The judge can give guidance around questioning, the use communication aids, and other ways to help, the witness.  This is then included in a court order.

At a directions hearing, a judge can make decisions about how a witness gives evidence to ensure the process is fair and efficient. This authority is outlined in section 21AZS of the Evidence Act 1977 (Qld).

The judge’s powers are broad and may include directions about:

• how the witness is questioned, including the style and length of questioning
• which questions can or cannot be asked
• the use of communication aids to help the witness understand or respond
• the timing and frequency of breaks during testimony
• the use of an audio-visual link or another communication method.

The court may also direct how the intermediary will intervene

The judge decides how and when an intermediary may intervene during a witness’s evidence. Some judges may allow intervention only if court-approved recommendations are breached or if the witness doesn’t understand a question.

Intermediaries must balance avoiding unnecessary interruptions with ensuring the witness understands and is understood.

Intermediaries are impartial officers of the court. The intermediary’s assessment of the witness is recorded electronically and can be shared in court if requested.

Officers of the court, including intermediaries, have a duty to uphold justice and must remain impartial.

The Intermediaries Panel is made up of skilled experts in psychology, speech pathology, occupational therapy, and social work. They’re recruited through a selection process and complete additional training. Only intermediaries from this panel can be engaged through the QIS.

No. An intermediary’s work is confidential but not privileged. Intermediaries do not provide ‘protected counselling communications’ as defined in section 14A of the Evidence Act 1977 (Qld). Intermediaries do not ‘counsel’ the witness in any form, for example:

• intermediaries do not listen to and give verbal or other support, help or encouragement to the witness, whether one-on-one or in a group
• intermediaries do not advise, give therapy to, or treat the witness, whether one-on-one or in a group.

Feedback comes from everyone involved: the witness, police, lawyers, and the judiciary. This feedback helps evaluate the QIS and manage intermediary performance.

The first step in determining whether a witness has a communication need is through obtaining information from the witness themselves and/or their parent/guardian. To identify communication needs, ask questions like:

• “Do you get extra help at school?”
• “Do you need help with reading or writing?”
• “Do you need help with shopping?”

Signs of communication difficulties may include:

• inconsistent or inappropriate responses
• difficulty being understood
• reliance on gestures or signs
• inability to read or write
• confusion about time, place, or people
• physical withdrawal.

The Advocates Gateway (Toolkit 10) is a helpful resource for identifying communication challenges.