Victorian Consolidated Legislation

Evidence Act 1958 - SECT 37D

Video link evidence from overseas in certain proceedings

37D. Video link evidence from overseas in certain proceedings



(1) This section applies to a legal proceeding that relates (wholly or partly)
to a charge for an offence against section 49A(1) of the Crimes Act 1958.

(2) The court may, on the application of a party to the legal proceeding,
direct that a witness give evidence by video link if-

   (a)  the witness will give the evidence from outside Australia; and

   (b)  the witness is not a defendant in the proceeding; and

   (c)  the facilities required by subsection (3) are available or can
        reasonably be made available; and

   (d)  the court is satisfied that attendance of the witness at the court to
        give the evidence would-

   (i)  cause unreasonable expense or inconvenience; or

   (ii) cause the witness psychological harm or unreasonable distress; or

   (iii) cause the witness to become so intimidated or distressed that his or
        her reliability as a witness would be significantly reduced; and

   (e)  the court is satisfied that it is consistent with the interests of
        justice that the evidence be taken by video link.

(3) A witness can give evidence under a direction under this section only if
the courtroom or other place in Victoria where the court is sitting ("the
Victorian point") and the place where the evidence is given ("the overseas
point") are equipped with video facilities that-

   (a)  enable all persons at the Victorian point that the court considers
        appropriate, to see and hear the witness give the evidence; and

   (b)  enable all persons at the overseas point that the court considers
        appropriate, to see and hear appropriate persons at
        the Victorian point.

(4) The place where a witness gives evidence under a direction under this
section is to be taken to be part of the courtroom or other place in Victoria
where the court is sitting while the witness is there for the purpose of
giving evidence.

(5) An oath or affirmation to be sworn or made by a witness who is to give
evidence under a direction under this section may be administered either-

   (a)  by means of the video link, in as nearly as practicable the same way
        as if the witness were to give the evidence at the courtroom or other
        place in Victoria where the court is sitting; or

   (b)  at the direction of, and on behalf of, the court at the place where
        the witness is to give the evidence by a person authorised by the
        court.

(6) A court may make any orders that are just for the payment of expenses
incurred in connection with the giving of evidence under a direction by the
court under this section.

(7) This section does not prevent any other law, or any rule or regulation
made under any other law, about taking evidence of a witness outside Australia
from applying for the purposes of a proceeding to which this section applies.

(8) Nothing in this section limits the application of section 37A, 37B, 37C or
41E to a charge for an offence against section 49A(1) of the Crimes Act 1958.