Part IAD
-
Protecting vulnerable persons
History
Pt IAD heading substituted by No 74 of 2013, s 3 and Sch 2 item 1, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013. The heading formerly read:
Part IAD
-
Protection of children in proceedings for sexual offences
Pt IAD inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.
Division 6
-
Miscellaneous
History
Div 6 inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.
SECTION 15YO
Adults accompanying vulnerable persons
(1)
A person to whom subsection (1A) applies may choose an adult to accompany the person while the person is giving evidence in a proceeding (including while giving evidence by closed-circuit television).
History
S 15YO(1) amended by No 74 of 2013, s 3 and Sch 2 items 58 and 59, by substituting
"
person to whom subsection (1A) applies
"
for
"
child witness
"
and
"
person
"
for
"
child
"
(second and third occurring), applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
(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;
History
S 15YO(1A) inserted by No 74 of 2013, s 3 and Sch 2 item 60, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
(2)
The adult chosen under subsection (1) may accompany the person as mentioned in subsection (1), unless the court determines that it is not appropriate for the adult to accompany the person.
History
S 15YO(2) amended by No 74 of 2013, s 3 and Sch 2 items 61 and 62, by substituting
"
chosen under subsection (1)
"
for
"
so chosen
"
and
"
person
"
for
"
child
"
(wherever occurring), applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
(3)
The court may permit more than one adult to accompany the person if the court considers it in the interests of justice to do so.
History
S 15YO(3) amended by No 74 of 2013, s 3 and Sch 2 item 62, by substituting
"
person
"
for
"
child
"
(wherever occurring), applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
(4)
An adult accompanying the person under this section must not:
(a)
prompt the person or otherwise influence the person
'
s answers; or
(b)
disrupt the questioning of the person.
History
S 15YO(4) amended by No 74 of 2013, s 3 and Sch 2 items 63
-
65, by substituting
"
person
"
for
"
child
"
(first occurring) and
"
person or otherwise influence the person
'
s
"
for
"
child or otherwise influence the child
'
s
"
in para (a) and
"
person
"
for
"
child
"
in para (b), applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
(5)
Any words spoken by an adult accompanying the person under this section must be able to be heard by:
(a)
the judge; and
(b)
if there is a jury in the proceeding
-
the members of the jury.
History
S 15YO(5) amended by No 74 of 2013, s 3 and Sch 2 item 66, by substituting
"
person
"
for
"
child
"
, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
S 15YO inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.