Video link generally
Equipment
Arranging a video link
Co-ordination of picture with sound
Picture quality
Informing a participant/witness what to expect
Familiarisation with equipment
Witness viewing documents
Order of proceedings
Cost of transmission

Video link generally

This protocol has been prepared as a guide to all persons who are involved in the use of video link facilities in the Tribunal. The Tribunal has a video link facilities in its court rooms at the John Maddison Tower, 88 Goulburn Street, Sydney.

The protocol is currently being updated in order to reflect the recent refurbishment of the Tribunal's Court rooms.

Where a witness is in a remote location, video link facilities enable the witness to appear in the court room on the court room LCD monitors, allowing administration of an oath or affirmation to a witness, the taking of witness evidence, objections to questions, the identification of the other people in the courtroom and their roles. One should proceed on the basis that the witness knows nothing of courtroom practice.

Equipment

The Dust Diseases Tribunal court rooms are equipped with cameras, LCD montiors, telephone conferencing equipment and mircrophones to enable the people in Court to see and hear the witness and for the witness to see and hear the people in the Court room.

Arranging a video link

A party to proceedings in the Tribunal who wishes to make use of the Video Courtroom must make application by way of request to a Judge at a directions hearing. Any such application should ordinarily be made not later than 7 days before the hearing. The Tribunal may shorten the time in an urgent case.

Where leave is granted, the party must make immediate contact with the Registry and complete and file a Request for Video Link Form, a Remote Site specification form, with the non-refundable booking fee.

This is to ensure that the video link operator has the appropriate site details to arrange a test transmission prior to the time the remote witness is to give evidence. The party given leave will be responsible for payment of all fees and costs that relate to the use of the facility.

Should the matter settle or hearing arrangements be varied, it is the responsibility of the party seeking leave for video link evidence, to notify the Tribunal Registry that the video courtroom booking be cancelled or adjusted. Please note a cancellation fee may apply if the booking is cancelled within 24 hours of the scheduled time.

Co-ordination of picture with sound

There are millisecond delays between receipt of picture and receipt of the accompanying sound. This is the case even with the most advanced Integrated Services Digital Network (ISDN) communication.

All users of the system need to appreciate this time gap. If due allowance is not made for it, there is a tendency to "speak over" the witness or other person whose voice continues to be heard from the video image, for a millisecond or so after he/she has, finished speaking.

Generally, where allowance is made for this, the speakers can quickly reach an understanding where neither is aware that a gap exists. Counsel have commented in other jurisdictions that it tends to encourage them to refrain from cutting off a witness before the witness has finished an answer.

It is important to note that all the microphones in the court are sensitive to sound and will for example pick up rustling of papers or private conversations. This may increase the background noise heard by the witness at their end.

This becomes particularly important, when counsel seek to make several objections or bring other matters to the Court’s attention.

Picture quality

The Picture quality on the large court room LCD monitors is high definition .

Informing a participant/witness what to expect

The potential participant or witness in the location remote from the courtroom should be informed of the matters mentioned above. The witness should also be advised before the transmission commences of the name of the presiding Judge and the names of the counsel who will be conducting the examination and the cross-examination. It is the practice for the camera to focus on the presiding Judge at the commencement of the transmission and then for the Judge to have counsel identify themselves to the witness. It is less likely that the witness will be confused if practices are explained beforehand, for example, taking an oath or making an affirmation (which will normally be administered from the courtroom) and not responding until directed to do so by a Judge when an objection is taken. Where possible some indication should be given as to the manner in which the witness may be given access to or be shown a copy of the evidence adduced.

It is a matter in the absolute discretion of the presiding Judge whether any assistance is to be provided to the witness at the remote location. In the ordinary course the witness ought not take direction or guidance from any other person in the room or consult documents without the leave of the Judge.

The video link equipment has provision for a "window" in the monitor. For example, in a transmission between Sydney (Judge and counsel) and Perth (witness location), the Sydney monitor would usually show the Perth witness while the Perth monitor would show the Judge or counsel. The Sydney monitor might also have a window (about one quarter to one eighth of the monitor screen) which would show the image being beamed to Perth. It is possible to capture the Perth image on a video together with the Sydney window. All sound is recorded.

Should parties wish to have a video made of the transmission, they should seek the permission of the presiding Judge before the transmission so that appropriate arrangements can be made for a recording to be made. Parties will be required to pay a fee for the production of the video.

The normal provisions apply in relation to the preparation and supply of transcripts of proceedings.

Familiarisation with equipment

Counsel and participants/witnesses should arrive at their respective video link venues about 20 minutes before transmission is due to commence. This is particularly important in the early stages of becoming familiar with the use of video link equipment.

Witness viewing documents

Each Tribunal Courtroom has a document camera. A witness can be shown images of documents transmitted from the courtroom and asked to identify them. It is important that counsel agree on documents to be shown to the witness beforehand, if this is practicable. The video link operator will need to know the number and size of documents or objects, and the order in which they are likely to be shown.

Order of proceedings

The examination of a witness at a remote location will follow as closely as possible the practice as if the witness were in the courtroom. During examination, cross-examination and re-examination, a witness will see counsel asking the question and counsel, the Judge and others present will see the witness. If objections are taken, the witness would variously see opposing counsel or the Judge.

Cost of transmission

In the Dust Diseases Tribunal the cost of video link transmission and associated charges arising will be met by the party requesting the video link. The video link charges are attachment E. Such costs may become costs in the cause.

Every endeavour should be made to keep transmission to the minimum time required so as to conserve costs and Tribunal and technical resources. Counsel can assist by doing whatever planning is necessary for the proposed examination.

Attachment A - Use of Video Courtroom
Attachment B - Request for video link form
Attachment C - Procedure for requesting a video link
Attachment D - Remote Site Specification from (to be filed with request for video link form)
Attachment E - Video link charges