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 courtroom 4A in the John Maddison Tower, 88 Goulburn Street, Sydney.

This protocol is based on the Federal Court of Australia Protocol for the use of Videoconferencing in Court Proceedings, issued in August 1999. The assistance and cooperation of Federal Court staff is acknowledged and appreciated.

There are a number of significant differences when using Video Link facilities in the courtroom, which, when appreciated, will assist in gaining the maximum benefit from this technology. Matters which are taken for granted when examining a witness, for example: the administration of an oath or affirmation to a witness, objections to questions, the witness knowledge of the identity of the other people are in the courtroom and their roles, all take on different dimensions when the witness is at a remote location. One should proceed on the basis that the witness knows nothing of courtroom practice.

Equipment

The Dust Diseases Tribunal is equipped with PictureTel VM4000ZX Video Link equipment. Although it is preferable for the other site to have similar equipment, a Video Link is usually possible even if the other site is using different equipment.

A distinguishing feature of the Video Link facilities within the Tribunal, is the ‘automated video follow audio’ system. With this system, the cameras focus on the person who is talking. Microphones are set up at the bench, the bar table and at the witness box, whereas with videoconferencing, the camera is focused on one person/area giving a close-up of one person/part of the room, or a broad picture of the room.

Arranging a video link

Advice to Practitioners dated December, 1999 (Use of Video Courtroom) sets out the procedure to be followed by parties seeking to make use of the Tribunal’s video courtroom.

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 or by approaching the Registrar in Chambers. 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 given the party must make immediate contact with the Registry Manager and complete a Request for Video Link Form.

After completing the Request for Video Link, parties in Tribunal matters will be given details of their responsibilities and requested to provide additional site specifications details by not later than 24 hours after the order is made or a shorter period if the Tribunal directs. This is to ensure that the Video Link operator has the appropriate site details to arrange a test transmission and successful video link on the date the remote witness is to give evidence. The party given leave will be responsible for payment of all fees levied in respect of 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 Registry Manager so that the video courtroom booking can be cancelled or adjusted.

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. It is not usually present in commercial analogue TV transmission.

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.

An additional feature of the system is the ‘automated video follow audio’, referred to earlier. This means that the camera in the courtrooms will focus on the person who is talking. Microphones are located for the presiding Judge, counsel and at the witness box. These microphones are very sensitive to sound and will for example pick up rustling of papers or private conversations and will ‘switch’ to this sound source.

To reduce the ‘switching’ effect that will be seen by the witness in the remote location, all microphones in the video courtroom are set to the ‘off’ position. Before seeking to speak, counsel should set the microphone to the ‘on’ position. After speaking counsel should switch the microphone to the ‘off’ position. This becomes particularly important, when counsel seek to make several objections or bring other matters to the Court’s attention. If all microphones are set to the ‘on’ position, the camera will move and focus between all the microphones receiving audio and this will transmit a confusing visual effect at the remote location.

Picture quality

Picture quality is of a high standard. A computer composes electronic digital images on a screen seen by the camera at the source of the transmission. The computer is geared to recompose those parts of the image which move. Accordingly, it is important that persons appearing on Video Link monitors should endeavour to keep their on-camera movement to a minimum, so as to enhance the quality of the picture received by the viewers.

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 in 2 and 4 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

Courtroom 4A 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
Attachment C - Requesting a Video link (procedure)
Attachment D - Remote Site Specification