(iii) an offence that, at the time it was committed, was a child
assault offence for the purposes of this section or section 407AA of the
Crimes Act 1900, or
(iv) an offence of attempting, or of conspiracy or
incitement, to commit an offence referred to in subparagraph (i), (ii) or
(iii), and
(3) A member of an
accused person's family is not compellable to give evidence for the
prosecution as referred to in subsection (2) if the family member has applied
to, and been excused by, the court.
(4) A court may excuse a member of an
accused person's family from giving evidence for the prosecution as referred
to in subsection (2) if satisfied--
(a) that the application to be excused is
made by that family member freely and independently of threat or any other
improper influence by any person, and
(b) that it is relatively unimportant
to the case to establish the facts in relation to which it appears that the
family member is to be asked to give evidence, or there is other evidence
available to establish those facts, and
(5) When excusing a member of
an accused person's family from giving evidence under subsection (4), the
court--
(a) must state the reasons for doing so, and
(b) must cause those
reasons to be recorded in writing in a form prescribed by the regulations.
(6) An application under this section by a member of an accused person's
family to be excused from giving evidence is to be made and determined in the
absence of the jury (if any) and the accused person, but in the presence of
the accused person's Australian legal practitioner.
(7) A court may conduct
the hearing of an application under this section in any manner it thinks fit,
and is not bound to observe rules of law governing the admission of evidence
but may obtain information on any matter in any manner it thinks fit.
(8) The
fact that a member of an accused person's family in proceedings for an offence
has applied to be excused, or has been excused, from giving evidence in the
proceedings is not to be made the subject of any comment by the court or by
any party in the proceedings.