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Revised COVID-19 protocols pave way for return to in-person hearings
Chief Justice Andrew Bell has set out new COVID-19 protocols for the NSW Supreme Court. Starting from Monday, 4 April, in-person court hearings will recommence with vaccination, testing and mask mandates in place.
Shandel McAuliffe
“Unless notified in advance by the court, the parties should assume that substantive hearings and contested matters including bail applications, contested motions and contested directions hearings before judges will proceed by way of live hearing with staggered listings as far as possible,” the Supreme Court has advised.
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The new protocols don’t herald a complete return to in-person hearings. Registrars’ lists and judges’ lists for matters that are not contested, as well as duty judge matters (unless overruled by the duty judge), will continue to be held via audiovisual link (AVL).
To attend a hearing, vaccination or exemption evidence must be provided. Chief Bell has stated:
“All persons attending a hearing in person are to be at least double vaccinated or to hold a documented valid medical exemption. The onus will be on the solicitors for the parties to make enquiries of all their participants and confirm their vaccination status to the court.”
The new protocols cover masks, stating that they must be “worn in all public spaces”. There are some exceptions; for example, people who are speaking are exempt.
Reassuringly, the protocol announcement includes upgrades to filters in air conditioners, with some standalone filters also being introduced.
Chief Bell has also released instructions for criminal trials, including the concept of a trial “bubble”. The protocol states:
“The court will establish a trial ‘bubble’ for each criminal trial. Each person attending the trial in person, including jurors, will be at least double vaccinated – with the possible exception of the accused and any person specifically authorised by the trial judge.”
Regular COVID-19 rapid antigen screening testing will also be in place for these bubbles.
Where possible, AVL can be shared on request.
