Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Act 2013 (74 of 2013)

Schedule 2   Supporting victims and witnesses in criminal proceedings

Part 1   Vulnerable witness protections

Criminal Code Act 1995

85   At the end of Chapter 8 of the Criminal Code

Add:

Division 279 - Video link evidence

279.1 Proceedings to which this Division applies

This Division applies to a proceeding for an offence against any of the following Divisions of this Chapter:

(a) Division 270 (slavery and slavery-like conditions);

(b) Division 271 (trafficking in persons and debt bondage);

(c) Division 272 (child sex offences outside Australia);

(d) Division 273 (offences involving child pornography material or child abuse material outside Australia).

279.2 When court may take evidence by video link

In a proceeding, the court may, on application by a party to the proceeding, direct that a witness give evidence by video link if:

(a) the witness will give the evidence from outside Australia; and

(b) the witness is not a defendant in the proceeding; and

(c) the facilities required by section 279.3 are available or can reasonably be made available; and

(d) the court is satisfied that attendance of the witness at the court to give the evidence would:

(i) cause unreasonable expense or inconvenience; or

(ii) cause the witness psychological harm or unreasonable distress; or

(iii) cause the witness to become so intimidated or distressed that his or her reliability as a witness would be significantly reduced; and

(e) the court is satisfied that it is consistent with the interests of justice that the evidence be taken by video link.

279.3 Technical requirements for video link

(1) A witness can give evidence under a direction only if:

(a) the courtroom or other place in Australia where the court is sitting (the Australian location ); and

(b) the place where the evidence is given (the overseas location );

are equipped with video facilities that:

(c) enable appropriate persons at the Australian location to see and hear the witness give the evidence; and

(d) enable appropriate persons at the overseas location to see and hear appropriate persons at the Australian location.

(2) In subsection (1):

appropriate persons means such persons as the court considers appropriate.

279.4 Application of laws about witnesses

A person who gives evidence under a direction is taken to give it at the courtroom or other place in Australia where the court is sitting.

Note: This section has effect, for example, for the purposes of laws relating to evidence, procedure, contempt of court and perjury.

279.5 Administration of oaths and affirmations

An oath or affirmation to be sworn or made by a witness who is to give evidence under a direction may be administered either:

(a) by means of the video link, in as nearly as practicable the same way as if the witness were to give the evidence at the courtroom or other place in Australia where the court is sitting; or

(b) as follows:

(i) on behalf of the court and as directed by it;

(ii) by a person (whether an Australian official or not) authorised by the court;

(iii) at the place where the witness is to give the evidence.

279.6 Expenses

A court may make such orders as are just for payment of expenses incurred in connection with giving evidence under a direction by the court under this Division.

279.7 Other laws about foreign evidence not affected

This Division does not prevent any other law about taking evidence of a witness outside Australia from applying for the purposes of a proceeding.