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Act index » Chapter 8 - General » Part 8.2A - Ground rules hearings and intermediaries » Division 2 - Intermediaries
389J Appointment of intermediaries
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(1)A court may appoint an intermediary for a witness from the panel established under this Division.
1Section 337(1) enables this appointment to be made by the court on the application of a party or on its own motion.
2Section 337(2) provides that this appointment may be varied or revoked.
(2)An application for a court to appoint an intermediary may be made orally or in writing.
(3)A court must not appoint an intermediary for a witness if the court is satisfied that the witness—
(a)is aware of the right of the witness to make an application for an intermediary to be appointed; and
(b)is able and wishes to give evidence in the criminal proceeding without the assistance of an intermediary.
(4)A court must not appoint a person as an intermediary for a witness if the person—
(a)is a relative, friend or acquaintance of the witness or the accused; or
(b)has assisted the witness (other than as an intermediary) or the accused in a professional capacity; or
(c)is a party or potential witness (other than by reason of the person's role as an intermediary) in the relevant proceeding.