Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_167b
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 167B
Character Range: 184568–186203

167B  Accused may be screened from witness in 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 the purposes of 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 courtroom be arranged in a way that, while the witness is giving evidence, the witness cannot see:
 (a) the accused person; or
 (b) anyone else the court considers should be screened from the witness.
 (4) However, the witness must be visible to:
 (a) the presiding judicial officer; and
 (b) if the proceeding is a trial by jury—the jury; and
 (c) the accused person; and
 (d) the accused person's lawyer; and
 (e) if the court has ordered that someone should be screened from the complainant or similar act witness—the person; and
 (f) the prosecutor.