Document ID: chunk:federal_register_of_legislation:C2005A00136:clause:1_15yw:p1
Version: federal_register_of_legislation:C2005A00136
Segment Type: clause
Provision Reference: sch 1 cl 15YW (pt 1/2)
Character Range: 5842–8413

15YW  Observers

Observer

 (1) The court may, in a section 15YV direction or order, provide that the witness can give evidence under the direction or order only if, when the witness is giving evidence by video link, there is physically present, at the place where the evidence is given, a person specified in the direction or order for the purposes of this section.

 (2) If a section 15YV direction or order is in force, the court may vary the direction or order so as to provide that, after the variation, the witness can give evidence under the direction or order only if, when the witness is giving evidence by video link, there is physically present, at the place where the evidence is given, a person specified in the direction or order for the purposes of this section.

Substitution of observer

 (3) If:
 (a) a direction or order is in force under section 15YV; and
 (b) the direction or order specifies a person for the purposes of this section;
the court may vary the direction or order so as to substitute another specified person.

Who can be an observer

 (4) A person specified for the purposes of this section may be:
 (a) an Australian diplomatic officer; or
 (b) an Australian consular officer; or
 (c) any other person.

 (5) The court must not specify a person for the purposes of this section unless the court is satisfied that the person is:
 (a) independent of the prosecutor; and
 (b) independent of each defendant in the proceeding; and
 (c) in a position to give a report to the court about what the person observes in relation to the giving of evidence by the witness; and
 (d) reasonably available to observe the giving of evidence by the witness; and
 (e) an appropriate person to be specified for the purposes of this section.

 (6) For the purposes of this section, the mere fact that a person is an Australian diplomatic officer or Australian consular officer does not mean that the person is not independent of the prosecutor.

Report of observer

 (7) If:
 (a) a direction or order is in force under section 15YV; and
 (b) the direction or order specifies a person for the purposes of this section;
the court may:
 (c) direct or allow the specified person to give the court a report, in such form and by such time as the court requires, about what the person observed in relation to the giving of evidence by the witness; and
 (d) make such use of the report as the court considers appropriate for the purpose of deciding whether evidence given by the witness under the section 15YV direction or order should be admitted as evidence