Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 69

Alternative arrangements for proceeding

69. Alternative arrangements for proceeding



(1) The court may direct that any of the following alternative arrangements be
made for a proceeding in respect of a family violence intervention order-

   (a)  permitting the proceeding to be conducted from a place other than the
        courtroom by means of closed circuit television or other facilities
        that enable communication between that place and the courtroom;

   (b)  using screens to remove the respondent from a party's or witness's
        direct line of vision;

   (c)  permitting a person to be beside a party or witness while the party or
        witness is giving evidence for the purpose of providing emotional
        support to the party or witness;

   (d)  requiring legal practitioners to be seated during the proceeding;

   (e)  any other alternative arrangements the court considers appropriate.

(2) If the witness is an adult, the court may make a direction under
subsection (1) on its own initiative or on the application of a party to the
proceeding.

(3) If the witness is a child, the court must make a direction under
subsection (1) unless it considers it is not appropriate to do so having
regard to-

   (a)  the wishes expressed by the witness; and

   (b)  the age and maturity of the witness; and

   (c)  the facilities available for the conduct of the proceeding; and

   (d)  any other matters the court considers relevant.

(4) Any place outside the courtroom where a witness is permitted to give
evidence under this section is taken to be part of the courtroom while the
witness is there for the purpose of giving evidence.

(5) The court may, at any time in the course of the proceeding, vary or revoke
a direction made under subsection (1) on its own initiative or on the
application of a party to the proceeding.