(2) This section does not apply to or in
respect of the giving of evidence by a vulnerable person if Division 4 of Part
6 applies to the giving of that evidence.
(3) A complainant who gives evidence to which this section applies is entitled
(but may choose not)--
(a) to give that evidence from a place other than the
courtroom by means of closed-circuit television facilities or other technology
that enables communication between that place and the courtroom, or
(b) to
give that evidence by use of alternative arrangements made to restrict contact
(including visual contact) between the complainant and the accused person or
any other person or persons in the courtroom, including the following--
(i)
use of screens,
(ii) planned seating arrangements for people who have an
interest in the proceedings (including the level at which they are seated and
the people in the complainant's line of vision).
(4) If, to enable evidence
to be given as referred to in subsection (3), the court considers it
appropriate to do so, the court may adjourn the proceeding or any part of the
proceeding from the courtroom to another court or place.
(5) Despite
subsection (3) (a), a complainant must not give evidence as referred to in
that paragraph if a court, on its own initiative or on application by a party
to the proceeding, orders that such means not be used.
(6) A court may make
an order under subsection (5) only if it is satisfied that there are special
reasons, in the interests of justice, for the complainant's evidence not to be
given by such means.
(7) In any proceedings in which evidence is given as
referred to in subsection (3), the judge must--
(a) inform the jury that it is
standard procedure for complainants' evidence in such cases to be given by
those means or use of those arrangements, and
(b) warn the jury not to draw
any inference adverse to the accused person or give the evidence any greater
or lesser weight because it is given by those means or by use of those
arrangements.
(8) Any place outside the courtroom from which a complainant
gives evidence under this section is taken to be part of the courtroom in
which the proceeding is being held.
(9) If a complainant gives evidence as
referred to in subsection (3) in a place other than a courtroom, the court may
order that a court officer be present at that place.
(10) This section
extends to evidence given in proceedings instituted before the commencement of
this section, including a new trial that was ordered to take place before that
commencement and proceedings that have been partly heard.