EVIDENCE ACT 1929 - SECT 14A
EVIDENCE ACT 1929 - SECT 14A
14A—Entitlement of witness to be given communication assistance in
certain circumstances
(1) Subject to this
section, if—
(a) a
witness in proceedings is a person with complex communication needs; and
(b)
assistance of a kind to meet the needs of the witness with understanding and
communicating with the court during proceedings is readily available and it is
otherwise practicable to make the assistance available,
the court may, on application under this section or on its own initiative,
order that the evidence be given by the witness using assistance of a kind
specified in the order ("communication assistance").
(2) An order under
this section need not be made in respect of a witness if the court is
satisfied that the witness is able to understand and communicate with the
court during the proceedings, including the ability to answer questions put
orally and respond to them.
(3) Without limiting
the kind of order that may be made under this section, the court may make
1 or more of the following orders:
(a) an
order that the witness be accompanied by a communication partner;
(b) an
order that the witness use a device or device of a kind, approved by the
court, for the purpose of facilitating the taking of evidence from the
witness;
(c) an
order that the evidence be taken in some other particular way (to be specified
by the court) that will, in the court's opinion, facilitate the taking of
evidence from the witness.
(4) A person may only
provide communication assistance to a witness—
(a) if
the person—
(i)
is a communication partner or has been approved by the
court to provide such assistance to the witness; and
(ii)
takes an oath or makes an affirmation that he or she will
communicate accurately with both the witness and the court; and
(b) in a
case where a party to the proceeding disputes the person's ability or
impartiality in providing communication assistance—if the judge is
satisfied as to the person's ability and impartiality.