New South Wales Consolidated Acts

VICTIMS SUPPORT AND REHABILITATION ACT 1996 - SECT 58H

58H Ancillary orders

(1) If the Supreme Court makes a restraining order, it may make any ancillary orders that it considers appropriate.

(2) Without limiting the generality of subsection (1), ancillary orders may include any one or more of the following:

(a) an order for the examination on oath of:

(i) the defendant, or

(ii) another person,

before the Supreme Court, or an officer of the Court prescribed by rules of court, concerning the affairs of the defendant, including the nature and location of any property of the defendant,

(b) an order varying the restraining order in respect of the property to which it relates,

(c) an order varying any conditions to which the restraining order was subject.

(3) An ancillary order may be made on application:

(a) by the applicant for the restraining order, or

(b) by the defendant, or

(c) with the leave of the Supreme Court, by any other person.

(4) Ancillary orders may be made when or at any time after the restraining order is made. An ancillary order referred to in subsection (2) (a) may be made in advance of the restraining order.

(5) A person being examined under this section is not excused from answering a question on the ground that:

(a) the answer to the question might tend to incriminate the person or make the person liable to a forfeiture or penalty, or

(b) the answer would disclose information that is the subject of legal professional privilege.

(6) A statement or disclosure made by the person in answer to a question put in the course of an examination under this section, and any information, document or thing obtained as a direct or indirect consequence of the statement or disclosure, is not admissible against the person in any civil or criminal proceedings, except proceedings that comprise:

(a) proceedings in respect of the false or misleading nature of a statement or disclosure made under this Act, or

(b) proceedings on an application under this Act, or

(c) proceedings ancillary to an application under this Act, or

(d) proceedings for enforcement of a restitution order.