This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
Act index » Chapter 8 - General » Part 8.2 - Witnesses » Division 6 - Procedure and rules for children and cognitively impaired complainants
376 Cross-examination of complainant
How this provision has changed across versions can't be shown yet: the versions of this Act held here were read by different versions of the parser, and comparing them would report the parsers' own disagreements as amendments. Re-parse every version to restore it.
(1)A complainant whose evidence is recorded under section 370 cannot be cross-examined or re-examined without leave.
(2)A court must not grant leave to cross-examine a complainant referred to in subsection (1) unless the court is satisfied that—
(a)the accused is seeking leave because of becoming aware of a matter of which the accused could not reasonably have been aware at the time of the recording; or
(b)if the complainant were giving direct testimony in the proceeding, the complainant could be recalled, in the interests of justice, to give further evidence; or
(c)it is otherwise in the interests of justice to permit the complainant to be cross-examined or re-examined.
(3)If leave is granted under subsection (2), the complainant must attend the proceeding to be cross-examined or re-examined.
Section 377 previously provided an exception to the hearsay rule in relation to previous representations made by a complainant under 18 years in certain circumstances. This matter is now provided for in section 66 of the Evidence Act 2008.