Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This rule applies to the hearing of the evidence of a person, by an examining officer under section 130A of the Act, if the commanding officer is satisfied that:
(a) the person is able, or may be able, to give evidence relating to a serious service offence or on behalf of another person charged with such an offence; and
(b) the person is dangerously ill and is not likely to recover from his or her illness; and
(c) because of his or her illness, the person is unable, or may be unable, to give evidence at the trial of another person who has been charged with a serious service offence.
(2) Before hearing the evidence of a person under this rule, the examining officer must give notice to the accused person of the following:
(a) the officer has been directed to hear the evidence of a person under section 130A of the Act;
(b) the time and place at which the officer proposes to hear that evidence;
(c) the rights conferred by subrule (3).
(3) A legal practitioner representing the accused person to whom notice is given under subrule (2) is entitled, and if the evidence is evidence on behalf of the accused person a legal practitioner representing the prosecution is entitled, to be present while the evidence is being heard and to cross‑examine the person giving the evidence.
(4) The examining officer:
(a) must cause the evidence (including evidence given under cross‑examination) to be recorded; and
(b) must, if the person whose evidence is heard is able to write, cause that person to sign the evidence; and
(c) must endorse on or annex to that evidence a statement setting out the reasons for hearing the evidence, the date and time and the place where it was heard and the names of the persons present at the hearing of the evidence.