Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_160c
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 160C
Character Range: 167963–169328

160C  Child or witness with disability may have support person in court
 (1) This section applies to any of the following people (a witness) giving evidence in a proceeding:
 (a) a child;
 (b) a witness with a disability.
 (2) The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a support person) in the court who is:
 (a) for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person's presence; or
 (b) for any other witness—close to the witness and within the witness's sight.
 (3) The court may order that a witness have more than one support person if it considers it is in the interests of justice.
 (4) The support person must not:
 (a) speak for the witness during the proceeding; or
 (b) otherwise interfere in the proceeding.
 (5) Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.
 (6) If the proceeding is a trial by jury, the court must tell the jury that:
 (a) a witness having a support person in the court while giving evidence is a usual practice; and
 (b) the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.