Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_167e
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 167E
Character Range: 191721–194311

167E  Sexual and violent offence proceeding—evidence to be given in closed court
 (1) This section applies to the complainant or a similar act witness (the witness) giving evidence in:
 (a) a sexual offence proceeding; or
 (b) a violent offence proceeding in relation to a serious violent offence; or
 (c) a violent offence proceeding in relation to a less serious violent offence if:
 (i) the witness is a relevant person in relation to the accused person; or
 (ii) the court considers that the witness has a vulnerability that affects the witness's ability to give evidence because of the circumstances of the proceeding or the witness's circumstances.
Note: The following are examples for subparagraph (c)(ii):
(a) the witness is likely to suffer severe emotional trauma because of the nature of the alleged offence;
(b) the witness is intimidated or distressed because of the witness's relationship to the accused person.
 (2) For subparagraph (1)(c)(ii), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.
 (3) The court may order that the court be closed to the public while all or part of the witness's evidence (including evidence given under cross‑examination) is given.
 (4) In deciding whether to order that the court be closed to the public, the court must consider whether:
 (a) the witness wants to give evidence in open court; and
 (b) it is in the interests of justice that the witness give evidence in open court.
 (5) However, an order under this section does not stop the following people from being in court when the witness gives evidence:
 (a) a person nominated by the witness;
 (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person's employer.
Note: Publishing certain information in relation to sexual offence proceedings is an offence (see section 167F).
 (6) In this section, a reference to a person giving evidence includes the person giving evidence by:
 (a) the playing of an audiovisual recording of the evidence under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence); or
 (b) audiovisual link under Subdivision D (sexual and violent offence proceedings: giving evidence by audiovisual link); or
 (c) the playing of an audiovisual recording or an audio recording of the evidence, or the tendering of a transcript of the evidence, under Subdivision E or F (special provisions relating to retrials and subsequent trials of sexual offence proceedings).