Giving evidence (Victims)

Safety at court

All women and children can access the Women’s Domestic Violence Court Advocacy Program (WDVCAP). WDVCAP operates at most courts and usually provides a safe room where women can wait while they are court.

Objecting to giving evidence

You can be compelled to give evidence even if you are a spouse, de facto partner, parent or child of the defendant.

You can only avoid giving evidence in a domestic violence or child assault offence case if:

• you are a member of the defendant’s family, and
• the defendant is under 18.

If you don’t want to give evidence, you can ask the court to excuse you. If the court agrees, then you will not be forced to give evidence. The court must be satisfied that:

• you are asking of your own free will
• you are not being threatened or influenced by anyone
• your evidence is not the only way to prove something important to the case
• the offence is a minor offence.

If you are a domestic violence complainant and you have to give evidence in domestic violence or AVO case, there are measures to protect you when you are giving evidence.

Privilege against self-incrimination

You can object to giving evidence if it may prove that you have committed an offence. You can object in a criminal or AVO case. You should do this if you lied to the police when giving your statement.

You need to object before you answer a question that might incriminate you. The court must then decide whether, on the balance of probabilities, there are reasonable grounds for your objection.

For more information, see Privilege against self-incrimination.

Oaths

As a witness, you must take an oath or make an affirmation before giving evidence. If you refuse to answer questions, you may be committing an offence.

If you need an interpreter, your interpreter must also take an oath or make an affirmation before interpreting for you.

An oath or affirmation is a promise to tell the truth.

While you are giving evidence, you must answer all questions and tell the truth.

If you lie on oath, you can be charged with the offence of perjury. The maximum penalty for this offence is 10 years’ in prison.

Protecting your identity

Non-publication and suppression orders

A non-publication order is a court order that stops people from publishing information.

A suppression order is a court order that stops people sharing information, including by publishing.

In some circumstances, the court can make a non-publication or suppression order to protect your identity. This might happen if your case is about a sexual assault.

The court will consider a few things when deciding whether to make an order, including whether it is necessary to protect your safety, or prevent undue distress or embarrassment.

An order can be made at any time, including after the case has finished.

If you are called to give evidence and you are worried about your identity being published, you should speak to the prosecutor about whether your identity can be protected.

It is illegal to breach a non-publication or suppression order.

Witness protection program

If a witness is in the witness protection program, the court must be closed when they are giving evidence. This means that the court is closed to the public and only people involved in the case can be in the courtroom. The court must make an order suppressing the publication of their evidence, unless the interests of justice require otherwise.

If you are worried about your identity being made public, you should speak to the prosecutor.

Sexual assault victims

If you are the victim of a sexual assault, no one can publish your identity or any identifying information about you. This ban applies to appeals, even if the offence is not the subject of the appeal. It continues after the case is finished. It is illegal to publish this information.

The court can make an order authorising the publication of your identity. It must not do this unless:

• it has asked you and considered your views, and
• it believes that publishing your identity is in the interests of justice.

Children

It is illegal for anyone to publish the names or identifying information of children involved in criminal cases. It does not matter if they are an offender, witness, or sibling of a child victim. It is also illegal to publish the names or identifying information of children in AVO cases. In rare circumstances, the court can make an order authorising the publication of this information.

Support at court

The following services can help victims:

• Witness Assistance Service (WAS) has social workers, psychologists and counsellors who can help with information, referrals, court support and preparation. It also has a specialist service for Aboriginal clients.
• Womens Domestic Violence Court Advocacy Program provides information, advocacy and referrals for women who are the victim of family or domestic violence attending court for an apprehended violence order and/or associated criminal charges.
• Wirringa Baiya Aboriginal Women’s Legal Centre can help with information, referrals and legal advice for women, children and youth who are the victim of family or domestic violence. Their staff regularly attend court as a support person in the Federal Circuit and Family Court of Australia and Women’s Domestic Violence Court Advocacy Scheme.
• other legal services, including various Community Legal Centres, for example, Women's Legal Service for women who are victims of domestic or family violence or sexual assault.

Last updated: May 2026