New South Wales Consolidated Acts
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CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 46
Right to presence of supportive person when giving evidence
46 Right to presence of supportive person when giving evidence
(1) In this section,
"party" to apprehended violence order proceedings means the person for whose
protection the relevant order is sought or the defendant.
(2) A party to
apprehended violence order proceedings is entitled to choose a person whom the
party would like to have present near him or her when giving evidence.
Without limiting a party's right to choose such a person, that person--
may be a parent, guardian, relative, friend or support person of the party,
(b) may be with the party as an interpreter, for the purpose of assisting
the party with any difficulty in giving evidence associated with a disability,
or for the purpose of providing the party with other support.
(4) To the
extent that the court considers it reasonable to do so, the court must make
whatever direction is appropriate to give effect to a party's decision to have
such a person present near the party, and within the party's sight, when the
party is giving evidence.
(5) The court may permit more than one support
person to be present with the party if the court thinks that it is in the
interests of justice to do so.
Note : Section 306ZK of the Criminal
Procedure Act 1986 contains similar provisions to section 46 of this Act in
relation to the giving of evidence in apprehended violence order proceedings
by vulnerable persons, that is children and intellectually impaired persons.
Section 294B of the Criminal Procedure Act 1986 enables a protected person in
apprehended violence order proceedings who is the alleged victim of a
prescribed sexual offence (within the meaning of that Act) by the defendant to
give evidence from a place other than the courtroom by means of closed-circuit
television facilities or other communication facilities or to give evidence in
the courtroom if certain measures have been taken to restrict contact with the
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