Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_169d
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 169D
Character Range: 210905–212387

169D  Complainant or similar act witness giving evidence by audiovisual link
 (1) This section applies if:
 (a) a complainant or similar act witness is to give evidence in a proceeding; and
 (b) the proceeding is to be heard in a courtroom; and
 (c) the courtroom and an external place are linked by an audiovisual link.
 (2) The complainant's or similar act witness's evidence must be given by audiovisual link unless the court otherwise orders.
 (3) The court may make an order under subsection (2) only if satisfied:
 (a) that:
 (i) for the complainant—the complainant prefers to give evidence in the courtroom; and
 (ii) for a similar act witness—the witness prefers to give evidence in the courtroom; or
 (b) if the order is not made:
 (i) the proceeding may be unreasonably delayed; or
 (ii) there is a substantial risk that the court will not be able to ensure that the proceeding is conducted fairly.
 (4) While the complainant or similar act witness is at the external place to give evidence, the place is taken for all purposes (other than subsection 168E(3)) to be part of the courtroom.
 (5) While the complainant or similar act witness is at the external place to give evidence:
 (a) the accused person must not be at the place; and
 (b) the witness must not be able to see or hear the accused person; and
 (c) the accused person must be able to see and hear the witness give evidence; and
 (d) the accused person must be able to communicate with the person's lawyer.