Victorian Consolidated Legislation

Family Violence Protection Act 2008 - SECT 70

Special rules for cross-examination of protected witnesses

70. Special rules for cross-examination of protected witnesses



(1) The following persons are protected witnesses for the purposes of a
proceeding under this Act-

   (a)  the affected family member or the protected person;

   (b)  a child;

   (c)  any family member of a party to the proceeding;

   (d)  any person declared under subsection (2) to be a protected witness for
        the proceeding.

(2) The court may at any time declare a person to be a protected witness if
the court is satisfied the person-



   (a)  has a cognitive impairment; or

   (b)  otherwise needs the protection of the court.

(3) A protected witness must not be personally cross-examined by the
respondent unless-

   (a)  the protected witness is an adult; and

   (b)  the protected witness consents to being cross-examined by the
        respondent or, if the protected witness has a guardian, the protected
        witness' guardian has consented to the cross-examination; and

   (c)  if the protected witness has a cognitive impairment, the court is
        satisfied the protected witness understands the nature and
        consequences of giving consent and would be competent to give
        evidence; and

   (d)  the court decides that it would not have a harmful impact on the
        protected witness for the protected witness to be cross-examined by
        the respondent.

(4) If a respondent who is prohibited from cross-examining a protected witness
under subsection (3) is not legally represented, the court must-

   (a)  inform the respondent that the respondent is not permitted personally
        to cross-examine a protected witness; and

   (b)  ask the respondent whether the respondent has sought to obtain legal
        representation for the cross-examination of a protected witness; and

   (c)  if satisfied the respondent has not had a reasonable opportunity to
        obtain legal representation, grant an adjournment on its own
        initiative or if requested by the respondent.