Text as at 1 July 2026

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389I Functions of intermediaries

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(1)The functions of an intermediary are—

S. 389I(1) amended by No. 1/2026 s. 80(2)(a).

(a)to communicate or explain to a witness for whom an intermediary is appointed, questions put to the witness to the extent necessary to enable them to be understood by the witness; and

(b)to communicate or explain to a person asking questions of a witness for whom an intermediary is appointed, the answers given by the witness in reply to the extent necessary to enable them to be understood by the person; and

S. 389I(1)(b) amended by No. 1/2026 s. 80(2)(b).

(c)to provide recommendations to the court regarding effective communication with the witness; and

S. 389I(1)(c) inserted by No. 1/2026 s. 80(2)(c).

(d)to otherwise assist the court and any legal representative of a party to the proceeding to communicate with the witness.

S. 389I(1)(d) inserted by No. 1/2026 s. 80(2)(c).

(1A)An intermediary may provide the recommendations referred to in subsection (1)(c) in the form of a written report.

S. 389I(1A) inserted by No. 1/2026 s. 80(3).

(1B)An intermediary may perform the function referred to in subsection (1)(d) at a hearing or as the court otherwise directs.

S. 389I(1B) inserted by No. 1/2026 s. 80(3).

(2)An intermediary is an officer of the court and has a duty to act impartially when assisting communication with the witness.