FAMILY COURT ACT 1997 - SECT 219AE
FAMILY COURT ACT 1997 - SECT 219AE
219AE . Conditions for use of links — FLA s. 102F
(1) A court or a judge
must not exercise the power conferred by section 219AB(1), 219AC(1) or
219AD(1) in relation to a video link unless the court or the judge is
satisfied that the following conditions are met in relation to the video link
—
(a) the
courtroom is equipped with facilities (for example, television monitors) that
enable all eligible persons present in that courtroom to see and hear the
person (the remote person) who is —
(i)
giving the testimony; or
(ii)
appearing; or
(iii)
making the submission,
as the case may be, by
way of the video link; and
(b) the
place at which the remote person is located is equipped with facilities (for
example, television monitors) that enable all eligible persons present in that
place to see and hear each eligible person who is present in the courtroom;
and
(c) such
other conditions (if any) as are prescribed by the rules in relation to the
video link; and
(d) such
other conditions (if any) as are imposed by the court or a judge.
(2) The conditions
that may be prescribed by the rules in accordance with subsection (1)(c)
include conditions relating to —
(a) the
form of the video link; and
(b) the
equipment, or class of equipment, used to establish the link; and
(c) the
layout of cameras; and
(d) the
standard of transmission; and
(e) the
speed of transmission; and
(f) the
quality of communication.
(3) A court or a judge
must not exercise the power conferred by section 219AB(1), 219AC(1) or
219AD(1) in relation to an audio link unless the court or a judge is satisfied
that the following conditions are met in relation to the audio link —
(a) the
courtroom is equipped with facilities (for example, loudspeakers) that enable
all eligible persons present in that courtroom to hear the person (the remote
person) who is —
(i)
giving the testimony; or
(ii)
appearing; or
(iii)
making the submission,
as the case may be, by
way of the audio link; and
(b) the
place at which the remote person is located is equipped with facilities (for
example, loudspeakers) that enable all eligible persons present in that place
to hear each eligible person who is present in the courtroom or other place
where the court or the judge is sitting; and
(c) such
other conditions (if any) as are prescribed by the rules in relation to the
audio link; and
(d) such
other conditions (if any) as are imposed by the court or a judge.
(4) The conditions
that may be prescribed by the rules in accordance with subsection (3)(c)
include conditions relating to —
(a) the
form of the audio link; and
(b) the
equipment, or class of equipment, used to establish the audio link; and
(c) the
standard of transmission; and
(d) the
speed of transmission; and
(e) the
quality of communication.
(5) A court or a judge
must not exercise the power conferred by section 219AB(1), 219AC(1) or
219AD(1) in relation to appropriate means other than video link or audio link
unless the court or the judge is satisfied that the following conditions are
met in relation to that means —
(a) the
conditions (if any) as are prescribed by the rules in relation to that other
appropriate means; and
(b) such
other conditions (if any) as are imposed by the court or the judge.
(6) For the purposes
of the application of this section to particular proceedings, eligible persons
are such persons as the court or the judge considers should be treated as
eligible persons for the purposes of the proceedings.
(7) In this section
—
courtroom means the courtroom or other place where
the judge or court is sitting.
[Section 219AE inserted: No. 35 of 2006 s. 19.]