Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_169c
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 169C
Character Range: 209837–210905

169C  Proceedings to which this Subdivision applies
 (1) This Subdivision applies to the following proceedings:
 (a) a sexual offence proceeding;
 (b) a violent offence proceeding in relation to a serious violent offence;
 (c) a violent offence proceeding in relation to a less serious violent offence if:
 (i) the complainant or similar act witness (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 1: For relevant person, see section 165A.
Note 2: 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 the purposes of this Subdivision, it does not matter whether evidence is to be, or is being, given on oath or otherwise.