Text as at 1 July 2026

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389A Application of Division

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(1)This Division applies to a criminal proceeding that relates (wholly or partly) to a charge for—

(a)a sexual offence; or

(b)a family violence offence; or

S. 389A(1)(b) substituted by No. 5/2025 s. 43.

(ba)an offence against section 21A(1) of the Crimes Act 1958 (stalking); or

S. 389A(1)(ba) inserted by No. 1/2026 s. 78(a).

(c)an indictable offence which involves an assault on, or injury or a threat of injury to, a person; or

(d)any offences against section 23 or 24 of the Summary Offences Act 1966 if the offences are related offences to an offence specified in paragraph (a), (ba) or (c), despite whether any such related offences are withdrawn or dismissed before an offence against section 23 or 24 of the Summary Offences Act 1966 is heard and determined.

S. 389A(1)(d) amended by No. 1/2026 s. 78(b).

(2)This Division applies at any stage of the criminal proceeding, including an appeal or rehearing.

(3)This Division applies to—

S. 389A(3) substituted by No. 38/2022 s. 69.

(a)a witness (including a complainant) other than the accused in a criminal proceeding referred to in subsection (1) if the witness is—

(i)a person under the age of 18 years; or

(ii)a person with a cognitive impairment; and

(b)a witness who is a complainant in relation to a charge for a sexual offence.

(4)In this Division, witness means a witness referred to in subsection (3).