Crimes Act 1914
Part IAD
-
Protecting vulnerable persons
Division 4
-
Special facilities for vulnerable persons to give evidence
SECTION 15YI
Closed-circuit television
(1)
Evidence in a proceeding from a person to whom subsection (1A) applies (the vulnerable person ) must be given by means of closed-circuit television unless:
(a) the vulnerable person is at least 16 and chooses not to give evidence by that means; or
(b) the court orders that the vulnerable person is not to give evidence by that means; or
(c) the court is not equipped with facilities for evidence to be given by means of closed-circuit television.
(1A)
This subsection applies to the following persons:
(a) for a child proceeding - a child witness;
(b) for a vulnerable adult proceeding - a vulnerable adult complainant;
(c) for a special witness proceeding - a special witness for whom an order under subsection 15YAB(3) is in force for this section.
(2)
The court must not make an order under paragraph (1)(b) unless satisfied that it is not in the interests of justice for the vulnerable person ' s evidence to be given by means of closed-circuit television.
(3)
This section does not affect the operation of any law in relation to the competence of a person to give evidence.
View history note
Hide history noteEvidence in a proceeding from a person to whom subsection (1A) applies (the vulnerable person ) must be given by means of closed-circuit television unless:
(a) the vulnerable person is at least 16 and chooses not to give evidence by that means; or
(b) the court orders that the vulnerable person is not to give evidence by that means; or
(c) the court is not equipped with facilities for evidence to be given by means of closed-circuit television.
Note:
Section 15YL provides for alternative arrangements if a vulnerable person does not give evidence by means of closed-circuit television.
(1A)
This subsection applies to the following persons:
(a) for a child proceeding - a child witness;
(b) for a vulnerable adult proceeding - a vulnerable adult complainant;
(c) for a special witness proceeding - a special witness for whom an order under subsection 15YAB(3) is in force for this section.
(2)
The court must not make an order under paragraph (1)(b) unless satisfied that it is not in the interests of justice for the vulnerable person ' s evidence to be given by means of closed-circuit television.
(3)
This section does not affect the operation of any law in relation to the competence of a person to give evidence.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.