Crimes Act 1914
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View history notePt 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.
Div 4 heading amended by No 74 of 2013, s 3 and Sch 2 item 35, by substituting " vulnerable persons " for " child witnesses " , applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
Div 4 inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.
If evidence in a proceeding from a person to whom subsection (3) applies is not to be given by means of closed-circuit television, the court:
(a) must make arrangements in order to restrict contact (including visual contact) that the person may have with any defendant while giving evidence; and
(b) may make arrangements in order to restrict contact (including visual contact) that the person may have with members of the public while giving evidence.
S 15YL(1) amended by No 74 of 2013, s 3 and Sch 2 items 46 and 47, by substituting " evidence in a proceeding from a person to whom subsection (3) applies " for " a child witness ' evidence in a proceeding " and " person " for " child " in paras (a) and (b), applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
(2)
The arrangements may include either of the following:
(a) using screens;
(b) planning seating arrangements for people who have an interest in the proceeding, including:
(i) the level at which they are seated; and
(ii) the people in the person ' s line of vision.
S 15YL(2) amended by No 74 of 2013, s 3 and Sch 2 item 48, by substituting " person ' s " for " child ' s " in para (b)(ii), applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
Persons to whom these alternative arrangements apply
(3)
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; unless that person is at least 16 and chooses not to give evidence under the arrangements.
S 15YL(3) substituted by No 74 of 2013, s 3 and Sch 2 item 49, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013. S 15YL(3) formerly read:
(3)
This section does not apply if the child is at least 16 and chooses not to give evidence under the arrangements.
S 15YL inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.
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