Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 4K

Alternative arrangements for giving evidence

4K. Alternative arrangements for giving evidence



(1) The Family Violence Court Division may direct that any of the following
alternative arrangements be made for the giving of evidence by a witness in a
proceeding-

   (a)  permitting the evidence to be given 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 defendant from the witness's direct line
        of vision;

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

   (d)  requiring legal practitioners to be seated while examining or
        cross-examining the witness;

   (e)  permitting only persons specified by the Family Violence Court
        Division to be present while the witness is giving evidence;

   (f)  any other alternative arrangements the Family Violence Court Division
        considers appropriate.

(2) If the witness is 18 years of age or over, the Family Violence Court
Division 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 under 18 years of age, the Family Violence Court
Division 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)  any other matters that the Family Violence Court Division considers
        relevant.

(4) The Family Violence Court Division may hear an application under
subsection (2) or ascertain the matters in subsection (3) in camera and,
except as otherwise directed by the Family Violence Court Division, persons
who are not parties to the proceeding or their legal practitioners or
representatives are not permitted to be present while the hearing takes place
or the matters are being ascertained.

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





(6) The Family Violence Court Division 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.

Note For party to a proceeding, see section 3(1).