A law preventing the reuse of evidence from some alleged victims in sexual assault cases in the ACT could be changed before the retrial of former Liberal staffer Bruce Lehrmann.
Mr Lehrmann's trial for the alleged sexual assault of Brittany Higgins at Parliament House was aborted last month after misconduct by a juror.
Under current ACT law, alleged victims in sexual assault cases can be recorded from a remote witness room, and their evidence reused in any retrial.
But for those who testified in person in the courtroom, as was the case with Ms Higgins, their evidence cannot be recorded and reused.
The ACT's Director of Public Prosecutions Shane Drumgold has written to the government asking for an urgent change to remove the limit.
"There appears to be a structural cost to a witness choosing to give evidence in a courtroom," Mr Drumgold said.
"There appears no rational reason to treat witnesses who give evidence in the courtroom differently."
The government has asked for comment on the changes.
"A draft bill has been distributed to stakeholders for comment, including the lawyers for any parties this law change could affect," a spokesman said.
The government says the proposed changes were prompted by four cases.
It's understood if the change proceeds it won't be debated until next year, but with the ACT's Legislative Assembly sitting in early February ahead of the new trial, there is potential for the changes to take effect in advance of Mr Lehrmann's retrial.
The new trial has been set for February 20, 2023.
