Document ID: chunk:federal_register_of_legislation:C2004A00908:clause:3_15yg
Version: federal_register_of_legislation:C2004A00908
Segment Type: clause
Provision Reference: sch 3 cl 15YG
Character Range: 64292–65298

15YG  Unrepresented defendants—cross‑examination of child witnesses

 (1) A defendant in a proceeding who is not represented by counsel is not to cross‑examine a child witness (other than a child complainant), unless the court gives leave.

 (2) The court must not give leave unless satisfied that the child's ability to testify under cross‑examination will not be adversely affected if the defendant conducts the cross‑examination.

 (3) In considering whether that ability will be adversely affected, the court is to have regard to any trauma that could be caused if the defendant conducts the cross‑examination.

 (4) An application for leave under this section:
 (a) must be in writing; and
 (b) must not be determined before the court has considered such submissions and other evidence as it thinks necessary for determining the application.

 (5) If the court refuses leave, a person appointed by the court is to ask the child any questions that the defendant requests the person to ask the child.