Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 4L

Restriction on children being called as witnesses or present in court

4L. Restriction on children being called as witnesses or present in court





(1) A child must not be present during, or called as a witness in, proceedings
in the Family Violence Court Division, other than proceedings for a family
violence intervention order, if-

   (a)  the child is a family member of a party to the proceedings; or

   (b)  the proceedings arise from or include allegations of family violence
        and the child is a family member of the alleged victim of that family
        violence.

(2) However, subsection (1) does not apply if-

   (a)  the child is the defendant in the proceedings; or

   (b)  the Family Violence Court Division makes an order allowing the child
        to be present or called as a witness (as the case may be).

Note Sections 67 and 150 of the Family Violence Protection Act 2008 restricts
when a child can be present during, or called as a witness in, a proceeding
for a family violence intervention order.