Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_167c:p1
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 167C (pt 1/2)
Character Range: 186203–188926

167C  Examination of witness by self‑represented accused person—procedure
 (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) This section also applies to a child or witness with a disability (the witness) giving evidence for the prosecution in a sexual or violent offence proceeding.
 (4) The witness must not be examined personally by the accused person but may be examined instead by:
 (a) the accused person's legal representative; or
 (b) if the accused person does not have a legal representative—a person appointed by the court.
 (5) If the accused person does not have a legal representative, the court must, as soon as practicable, tell the person:
 (a) about the terms of subsection (4); and
 (b) that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness's evidence intended to contradict the witness's evidence has not been put to the witness in cross‑examination.
 (6) A person appointed by the court for the purposes of paragraph (4)(b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.
Note: If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see subsection 41(1) (improper questions) of the Evidence Act 2004).
 (7) If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do one or more of the following:
 (a) adjourn the proceeding to enable the person to obtain a legal representative to conduct the examination;
 (b)