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Act index » Part 2 - The Magistrates' Court of Victoria
4K Alternative arrangements for giving evidence
(1)The Specialist Family ViolenceCourt Division may direct that any of the following alternative arrangements be made for the giving of evidence by a witness in a proceeding—
S. 4K(1) amended by No. 33/2018 ss 37(2)(a)(i), 44(3)(a)(i).
(a)permitting the evidence to be given from a place other than the courtroom by means of closed circuit television or other facilities that enable communication between that place and the courtroom;
(b)using screens to remove the accused, defendant or respondent (within the meaning of the Family Violence Protection Act 2008) from the witness's direct line of vision;
S. 4K(1)(b) amended by No. 68/2009 s. 97(Sch. item 82.10).
(c)permitting a person to be beside the witness while he or she is giving evidence for the purpose of providing emotional support to him or her;
S. 4K(3)(c) amended by No. 33/2018 ss 37(2)(c)(ii), 44(3)(c)(ii).
(d)requiring legal practitioners to be seated while examining or cross-examining the witness;
(e)permitting only persons specified by the Specialist Family ViolenceCourt Division to be present while the witness is giving evidence;
S. 4K(1)(e) amended by No. 33/2018 ss 37(2)(a)(ii), 44(3)(a)(ii).
(f)any other alternative arrangements the Specialist Family ViolenceCourt Division considers appropriate.
S. 4K(1)(f) amended by No. 33/2018 ss 37(2)(a)(ii), 44(3)(a)(ii).
(2)If the witness is 18 years of age or over, the Specialist Family ViolenceCourt Division may make a direction under subsection (1) on its own initiative or on the application of a party to the proceeding.
S. 4K(2) amended by No. 33/2018 ss 37(2)(b), 44(3)(b).
(3)If the witness is under 18 years of age, the Specialist Family ViolenceCourt Division must make a direction under subsection (1) unless it considers it is not appropriate to do so having regard to—
S. 4K(3) amended by No. 33/2018 ss 37(2)(c)(i), 44(3)(c)(i).
(a)the wishes expressed by the witness; and
(b)the age and maturity of the witness; and
(c)any other matters that the Specialist Family ViolenceCourt Division considers relevant.
(4)The Specialist Family ViolenceCourt Division may hear an application under subsection (2) or ascertain the matters in subsection (3) in camera and, except as otherwise directed by the Specialist Family ViolenceCourt Division, persons who are not parties to the proceeding or their legal practitioners or representatives are not permitted to be present while the hearing takes place or the matters are being ascertained.
S. 4K(4) amended by No. 33/2018 ss 37(2)(d), 44(3)(d).
(5)Any place outside the courtroom where a witness is permitted to give evidence under this section is to be taken to be part of the courtroom while the witness is there for the purpose of giving evidence.
(6)The Specialist Family ViolenceCourt Division may at any time in the course of the proceeding vary or revoke a direction made under subsection
S. 4K(6) amended by No. 33/2018 ss 37(2)(e), 44(3)(e).Note to s. 4K(6) repealed by No. 68/2009 s. 97(Sch. item 82.11).
(1)on its own initiative or on the application of a party to the proceeding.