Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_173
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 173
Character Range: 234598–236498

173  Evidence may be given in closed court
 (1) This section applies to the complainant giving evidence in a domestic violence offence proceeding if the court considers that the complainant has a vulnerability that affects the complainant's ability to give evidence because of the circumstances of the proceeding or the complainant's circumstances.
Note: The following are examples for this subsection:
(a) the complainant is likely to suffer severe emotional trauma because of the nature of the alleged offence;
(b) the complainant is intimidated or distressed because of the complainant's relationship to the accused person.
 (2) 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 court be closed to the public while all or part of the complainant's evidence (including evidence given under cross‑examination) is given.
 (4) In deciding whether to order that the court be closed to the public, the court must consider whether:
 (a) the complainant wants to give evidence in open court; and
 (b) it is in the interests of justice that the complainant give evidence in open court.
 (5) However, an order under this section does not stop the following people from being in court when the complainant gives evidence:
 (a) a person nominated by the complainant;
 (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person's employer.
Note: Publishing certain information in relation to sexual offence proceedings is an offence (see section 167F).
 (6) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of a recorded statement of the evidence under Subdivision C.

Subdivision C—Recorded statement of police interview admissible as evidence: domestic violence offence proceedings