Australian Capital Territory Current Acts

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 49

    (1)     A court must, in a relevant proceeding, on application by a party who intends to call a witness, order that the witness have a person (a  support person ) in the court close to the witness, and within the witness's sight, while the witness gives evidence.

    (2)     The court may order that a witness have more than 1 support person if it considers it is in the interests of justice.

    (3)     The support person must not—

        (a)     speak for the witness during the relevant proceeding; or

        (b)     otherwise interfere in the proceeding.

    (4)     Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.

    (5)     If the relevant 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.