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.
provides that in a criminal proceeding generally, a person who is the spouse, de facto partner, parent or child of a defendant may object to being required to give evidence or to give evidence about a particular communication. If it appears to the court that this clause may apply to a person, the court must satisfy itself that the person is aware of the effect of the clause. For an objection to be upheld, two criteria must be met. First, there must be a likelihood that harm would or might be caused to the person or to the relationship between the defendant and the person if the person gives the evidence. Second, if the nature and extent of that harm outweighs the desirability of the evidence being given. The clause sets out five matters that the court must take into account in determining an objection. They are the nature and gravity of the offence, the substance, importance, and the weight likely to be attached to any evidence that the person might give, whether any other relevant evidence is reasonably available to the prosecutor, the nature of the relationship and whether the evidence was received in confidence from the defendant. If the court finds that the nature and extent of the harm outweighs the desirability of the witness giving evidence, the witness must not be required to give the particular evidence in question, or to give evidence at all. The clause prohibits a prosecutor from commenting (for example to a jury) on any objection that is made under this clause, on any decision of the court in relation to the objection or on the failure of the person to give evidence.