Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p11
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 28059–30911

and personal circumstances of the witness;

       (d) the costs that would be incurred if the witness were required to be physically  present;

       (e) the nature of the witness's anticipated evidence;

       (f) any potential injustice to the accused or adverse impact upon the summary authority's ability to evaluate the evidence caused by the physical absence of that witness from the hearing;

       (g) the likely issues of credibility and reliability in assessing the evidence;

       (h) whether allowing the witness to give evidence in the proceedings by means of a telephone or telecommunications device is opposed; and

       (i) whether it is in the interests of the witness having regard to the type of evidence the witness is anticipated to provide or the characteristics of the witness.

Rule 29  Examination of witnesses

(1) A witness before a summary authority may be:
       (a) examined by the person who called the witness; and

       (b) cross-examined by the other party to the proceedings.

    (2)  Evidence that a witness has made a prior inconsistent statement is not to be adduced unless in cross-examination of that witness:
       (a) the making of the prior inconsistent statement is brought to the witness' attention; and

       (b) the witness has been invited to comment on it.

    (3) On the conclusion of any cross-examination, the witness may be re-examined, on matters arising out of the cross-examination, by the person who called the witness.
    (4)  The summary authority may allow the cross-examination or re-examination of a witness to be postponed if the summary authority believes it is in the interests of justice to do so.
    (5)  The summary authority may put questions to any witness.
    (6)  If the witness answers a question put by the summary authority, the accused person and the prosecuting officer may, if authorised by the summary authority, put questions to the witness arising from the answer.

Rule 30  Recalling of witnesses and calling of further witnesses

    (1)  An accused person, their defending officer or a prosecuting officer, if authorised by a summary authority, may recall a witness at any time before the summary authority makes a finding on the charge.
    (2)  After the witnesses for the accused person have given their evidence, the prosecuting officer may, if authorised by the summary authority, call a witness to give evidence on any matter raised by the accused person in his or her defence if the evidence to be given by the witness:
       (a)  could not properly have been given before the accused person presented his or her defence; or

       (b)  could not reasonably have been foreseen by the prosecuting officer before the accused person presented his or her defence.
    (3)  The summary authority may, at any time before making a finding on the