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 8.2A - Ground rules hearings and intermediaries » Division 2 - Intermediaries
389K Witness to give evidence in presence of intermediary
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)In a proceeding in which an intermediary has been appointed, the evidence of the witness must be given in the presence of the intermediary.
(2)Subject to any direction of the court and rules of court, the evidence of the witness given in the presence of the intermediary must be given in circumstances in which—
(a)the court and any legal practitioner appearing in the proceeding are able to see and hear the witness giving evidence and to communicate with the intermediary; and
(b)the jury (if any) is able to see and hear the witness giving evidence (including any assistance given by the intermediary), other than evidence given in accordance with an arrangement made under section 360(a) as directed by the court.
(3)The provisions of Division 2 (other than section 22(2)) of Part 2.1 of the Evidence Act 2008 which apply to interpreters are taken to apply to an intermediary.
Section 22(2) of the Evidence Act 2008 requires interpreters to take an oath or make an affirmation in accordance with a form in Schedule 1 to that Act or a similar form.
(4)A person must not act as an intermediary in a particular proceeding unless the person has taken an oath or made an affirmation in the prescribed form.