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Act index » Chapter 8 - General » Part 8.2 - Witnesses » Division 6 - Procedure and rules for children and cognitively impaired complainants
372 Conduct of special hearing
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(a)the accused and his or her legal practitioner are to be present in the courtroom;
(b)the accused—
(i)is not to be in the same room as the complainant when the complainant's evidence is being taken;
(ii)is entitled to see and hear the complainant while the complainant is giving evidence and to have at all times the means of communicating with his or her legal practitioner;
(ba)in the case of a special hearing held during the trial, the jury is to be present in the courtroom;
(c)no person, other than a person authorised by the court, is to be present in the courtroom or the same room as the complainant when the complainant's evidence is being taken;
(d)the evidence of the complainant is to be given by means of closed-circuit television or other facilities that enable communication between the room in which the complainant is present and the courtroom;
(e)except as provided by this Division, the usual rules of evidence apply.
(2)The room in which the complainant gives evidence is taken to be part of the courtroom while the complainant is there for the purpose of giving evidence.