Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_171c
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 171C
Character Range: 229296–230594

171C  Complainant may elect to give further evidence
 (1) If a record of the original evidence of the complainant (or any part of the record) is admitted in proceedings under this Subdivision, the complainant may, with leave of the court hearing the proceedings, and only if the complainant so chooses, give further oral evidence in the proceedings.
Note: The evidence may need to be given by audiovisual link: see Subdivision D.
 (2) The court is to give leave to the complainant to give such further evidence in the proceedings only if the court is satisfied, on application by one of the parties to the proceedings, that it is necessary for the complainant to give further oral evidence:
 (a) to clarify any matters relating to the original evidence of the complainant; or
 (b) to canvas information or material that has become available since the original proceedings; or
 (c) in the interests of justice.
 (3) The court is to ensure that the complainant is questioned by any party to the proceedings only in relation to matters that are relevant to the reasons for the grant of leave by the court.
 (4) Subject to subsection (3), if a complainant gives any further oral evidence under this section, the complainant is compellable (for the prosecution or the accused person) to give evidence.