South Australian Consolidated Acts South Australian Consolidated Acts13B—Cross-examination of victims of certain offences
(1) A defendant is not
to be permitted to cross-examine a witness who is the alleged victim of an
offence to which this section applies—
(a) in a
criminal trial unless the cross-examination is by counsel;
(b) in
civil proceedings relating to the offence unless—
(i)
the cross-examination is by counsel; or
(ii)
if the defendant is not legally represented in the
proceedings—the cross-examination is conducted in accordance with
subsection (2).
(2) For the purposes
of subsection (1)(b)(ii)—
(a) the
defendant must submit to the judge in writing the questions the defendant
intends to ask the witness in cross-examination; and
(b) the
judge (or the judge's delegate) will ask the witness those of the questions
submitted that are determined by the judge to be allowable in
cross-examination.
(3) If a defendant is
not legally represented in a criminal trial that will involve the taking of
evidence from any such witness, the court must ensure that the
defendant—
(a) has
been warned of the limitation on the right of cross-examination imposed by
this section; and
(b) has
been informed—
(i)
that he or she may be entitled to legal assistance under
the Legal Services Commission Act 1977 ;
(ii)
in any case—of his or her rights under the
Criminal Law (Legal Representation) Act 2001 to obtain the assistance of
counsel for the purpose of cross-examining the witness; and
(c) has
had a reasonable opportunity to obtain the assistance of counsel before the
evidence is taken.
(4) If, in a criminal
trial, an unrepresented defendant obtains the assistance of counsel for the
purpose of cross-examining such a witness, the judge must—
(a)
explain to the jury the limitation imposed by this section on the defendant's
right to personally cross-examine the witness; and
(b) warn
the jury that no adverse inference may be drawn against the defendant from the
requirement for the unrepresented defendant to obtain the assistance of
counsel to cross-examine the witness.
(5) In this
section—
"offence to which this section applies" means—
(a) a
serious offence against the person; or
(b) an
offence of contravening or failing to comply with a domestic violence
restraining order under the Domestic Violence Act 1994 ; or
(c) an
offence of contravening or failing to comply with a restraining order under
the Summary Procedure Act 1921 .