New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 294D

294D Protections of Division extend to tendency witnesses

(1) In proceedings in respect of a prescribed sexual offence, this Division applies to a sexual offence witness in the proceedings in the same way as it applies to a complainant in the proceedings.

(2) A "sexual offence witness" is any witness in the proceedings (other than the complainant) against whom any of the following is alleged to have been committed by the accused person:

(a) a prescribed sexual offence, or

(b) acts that would constitute a prescribed sexual offence were those acts to occur in this State at the time of the commencement of the proceedings.

(2A) A provision of this Division that applies to the giving of evidence about a prescribed sexual offence extends to the giving of evidence by a sexual offence witness about an offence or act referred to in subsection (2) (a) or (b).

(3) Accordingly, a reference in this Division to a complainant includes a reference to a sexual offence witness.

(4) In addition, the court may make an order directing that the identity of a sexual offence witness is not to be publicly disclosed.

(5) If the court makes such an order, the sexual offence witness is taken to be a complainant for the purposes of section 578A of the Crimes Act 1900 and that section applies accordingly.

Note: Section 578A of the Crimes Act 1900 prohibits the publication of any matter which identifies the complainant in prescribed sexual offence proceedings or any matter which is likely to lead to the identification of the complainant.

(6) A witness is to be treated as a sexual offence witness, even if the witness has not yet given evidence in the proceedings, if the court is satisfied that the prosecutor has given notice to the accused person that the prosecutor intends to adduce evidence that the accused person committed an offence or act referred to in subsection (2) (a) or (b) against the witness.