Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Actssubstitute
9 Child giving evidence by audiovisual link
(1) This section applies if—
(a) a child 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 child's evidence must be given by audiovisual link unless the court otherwise orders.
(3) However, the evidence of a child who is an accused person in a proceeding is not to be given by audiovisual link.
(4) The court may make an order under subsection (2) only if satisfied that—
(a) the child 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.
(5) While the child is at the external place to give evidence, the place is taken to be part of the courtroom.
10 Representation of child
(1) This section applies if—
(a) a child is to give evidence in a proceeding by audiovisual link; and
(b) the child is not separately represented by someone else; and
(c) the court considers that the child should be separately represented by someone else.
(2) The court may—
(a) order that the child be separately represented by someone else; and
(b) make any other order it considers necessary to arrange the separate representation.
11 Consequential orders—pt 2
(1) This section applies if a child is to give evidence in a proceeding by audiovisual link.
(2) The court may make any order it considers appropriate––
(a) to ensure that the proceeding is conducted fairly; or
(b) to allow the child to identify a person or thing; or
(c) to allow the child to take part in a view or to watch a demonstration or experiment; or
(d) to allow part of the proceeding to be heard somewhere other than in the courtroom.
(3) The court may make any other order it considers appropriate, including, for example, an order stating––
(a) who may be with the child at the external place; or
(b) who must not be with the child at the external place; or
(c) who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or
(d) who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or
(e) how the audiovisual link is to operate.
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4) The court may order that a person be excluded from the external place while the child is giving evidence.
(5) The court may direct that an order under this section apply only to a particular part of the proceeding.
12 Making of orders—pt 2
(1) The court may make an order under this part in a proceeding on its own initiative or on the application of—
(a) a party to the proceeding; or
(b) the child or a person acting on the child's behalf; or
(c) the child's parent or guardian.
(2) For the purpose of making an order under this part, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.
13 Jury warning about inferences from child giving evidence by audiovisual link
(1) This section applies if—
(a) a child gives evidence in a proceeding by audiovisual link; and
(b) the proceeding is before a jury.
(2) The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child's evidence is given by audiovisual link.
14 Failure to comply with pt 2
(1) If the evidence of a child is not given in accordance with this part, the evidence is not inadmissible for that reason only.
(2) Failure to comply with this part in relation to a proceeding does not affect the validity of the proceeding.
15 Child turns 18 during proceeding
If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this part continues to apply to the person for the proceeding.