Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_160d
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 160D
Character Range: 169328–171119

160D  Witness with vulnerability may give evidence in closed court
 (1) This section applies to a person (the witness) giving evidence in a proceeding if the court considers that the person has a vulnerability that affects the person's ability to give evidence because of:
 (a) the circumstances of the proceeding; or
 (b) the person's circumstances.
Note: The following are examples for subsection (1):
(a) the person is likely to suffer severe emotional trauma because of the nature of the alleged offence;
(b) the person is intimidated or distressed because of the person's relationship to the accused person.
 (2) The court may order that the court be closed to the public while all or part of the witness's evidence (including evidence under cross‑examination) is given.
 (3) In deciding whether to order that the court be closed to the public, the court must consider whether:
 (a) the witness wants to give evidence in open court; and
 (b) it is in the interests of justice that the witness give evidence in open court.
 (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence:
 (a) a person nominated by the witness;
 (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).
 (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under Subdivision C (sexual and violent offence proceedings: audiovisual recording of police interview admissible as evidence) of Division 2 of Chapter 7.