Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_171b
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 171B
Character Range: 228139–229296

171B  Whether complainant compellable 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 is not compellable to give further evidence in the proceedings unless the court is satisfied that it is necessary for the complainant to give further 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.
Note: The evidence may need to be given by audiovisual link: see Subdivision D.
 (2) Subsection (1) applies despite anything to the contrary in this Act or the Evidence Act 2004.
 (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 matters mentioned in subsection (1).
 (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.