Victorian Consolidated Legislation

Victims of Crime Assistance Act 1996 - SECT 37

Evidence

37. Evidence



(1) The Tribunal has the powers conferred by sections 14, 15, 16, 20 and 20A
of the Evidence Act 1958 on a board appointed by the Governor in Council.

(1A) The Tribunal may issue a warrant to arrest against a witness who has been
served with a summons to attend the Tribunal and who has failed to attend as
required by the summons.



(1B) The provisions of Division 3 of Part 4 of the Magistrates' Court Act 1989
relating to warrants to arrest extend and apply to warrants issued under
subsection (1A), with any necessary modifications.

(2) The Tribunal may, on its own initiative or on the application of a party
to a proceeding, direct that alternative arrangements be made for the giving
of evidence by a witness.

(3) Without limiting subsection (2), any of the following alternative
arrangements may be directed to be made:

   (a)  permitting the evidence to be given from a place other than the room
        in which the Tribunal is sitting by means of closed-circuit television
        or other facilities that enable communication between that place and
        the room in which the Tribunal is sitting;

   (b)  using screens to remove the person by whom the act of violence was
        committed or alleged to have been committed from the witness' 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 counsel to be seated while examining or cross-examining the
        witness.

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



(5) The Tribunal may, at any time in the course of the proceeding, vary or
revoke a direction made under subsection (2) on its own initiative or on the
application of a party to the proceeding.