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EVIDENCE (CHILDREN) ACT 1997 - SECT 19 Accused children may be allowed to give evidence by closed-circuit television

This legislation has been repealed.

EVIDENCE (CHILDREN) ACT 1997 - SECT 19

Accused children may be allowed to give evidence by closed-circuit television

19 Accused children may be allowed to give evidence by closed-circuit television

(cf Crimes Act s 405DA (2)-(4))

(1) This section applies to a child who is the accused person, or person against whom a complaint is made, in any proceeding in the Children's Court to which this Part applies.
(2) The court may make an order permitting a child's evidence in a proceeding to which this Part applies to be given by means of closed-circuit television facilities or any other similar technology prescribed for the purposes of this section.
(3) Such an order may be made only if the court is satisfied:
(a) that the child may suffer mental or emotional harm if required to give evidence in the ordinary way, or
(b) that the facts may be better ascertained if the child's evidence is given in accordance with such an order.
(3A) A court may make an order under this section permitting a child to whom this section applies who is an accused child detainee within the meaning of the Evidence (Audio and Audio Visual Links) Act 1998 to give evidence in a proceeding to which this Part applies by means of closed-circuit television facilities or any other similar technology prescribed for the purposes of this section despite section 5BBA of that Act.
(4) A child may choose not to give evidence by means of closed-circuit television facilities or other similar technology.