From Belfast to Adelaide and Beyond: The Vexed Intermediary Model in SA

From Belfast to Adelaide and Beyond: The Vexed Intermediary Model in South Australia

Dr David Plater, Brooke Washsuen and Emily Conroy (South Australian Law Reform Institute (SALRI))

The communication partner (or intermediary) model was introduced with much fanfare in South Australia as part of the Disability Justice Plan and Statutes Amendment (Vulnerable Witnesses) Act 2015 (SA) to better assist vulnerable parties in the justice system. The model was ambitious in scope and drew on the English and especially Northern Ireland intermediary models and extended to victims, accused and witnesses with complex communication needs, both in and out of court. The independent South Australian Law Reform Institute based at Adelaide University in its 2021 Report examined the South Australian intermediary model and found that for various reasons the model had largely failed to meet its original lofty aspirations. Indeed, this remains the situation. SALRI’s report drew on its wide research and consultation and the unique Law Reform class. SALRI found that any intermediary model must be flexible and accessible in the South Australian context, notably for the particular needs of Aboriginal communities. The presenters draw on their diverse backgrounds and work with SALRI and elsewhere and discuss the issues in South Australia and argue that what works in Belfast does not necessarily translate to South Australia and offer their thoughts for successful law reform in this area.

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