Digital evidence review

The Sexual Violence Review Board is reviewing how digital evidence is collected, disclosed and used in sexual offence cases.

The review aims to understand how this impacts reporting, investigation and prosecution of sexual offences in Queensland.

The role of digital evidence in sexual offence cases

Digital evidence plays an increasingly important role in the reporting, investigation, and prosecution of sexual offences. This evidence can be obtained directly from various sources, including:

  • a victim’s personal device, such as a mobile phone or a computer
  • service providers, such as telecommunication companies or social media platforms
  • devices belonging to suspect or third parties.

As technology becomes more integrated into our daily lives, the likelihood of digital evidence being used in criminal proceedings continues to grow.

What is digital evidence?

For this review, digital evidence means any information stored or sent on an electronic device. This may include:

  • phone call logs
  • text messages
  • emails
  • social media interactions
  • photos and videos
  • internet browsing history
  • location data.

As the Review is concerned with the impact of digital evidence collection, disclosure and use on victim-survivors, it will focus on digital evidence obtained from electronic devices owned or controlled by victim-survivors.

What will the Board consider?

The Board will consider:

  • the current laws, policies and practices for collecting and sharing digital evidence
  • training and guidance available to police, prosecutors and judges, and how it is applied
  • if the laws and practices keep up with today’s technology and balance victims’ rights with an accused’s right to a fair trial.
  • how the laws and practices affect investigations, court decisions and victims’ experience
  • better ways to manage digital evidence
  • accountability measures for collecting and using digital evidence.

Review timeline

The review is underway.

A public consultation process is expected from September 2026.

The Board will give a report to the Minister for Youth Justice and Victim Support and Minister for Corrective Services by June 2027.

The Board may also provide interim briefings and reports as needed.

How you can take part

You can have your say during the public consultation process, which is anticipated to commence around September 2026.

More information

The review will follow its Terms of reference.

They explain, in full detail:

  • what work is included in the review
  • how the Board will carry out the review
  • who the Board will consult
  • the timeline for completing the review

Contact us

If you have questions about the review, you can contact us by:

email: contact.svrb@victimscommissioner.qld.gov.au.