New South Wales Consolidated Acts
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EVIDENCE (AUDIO AND AUDIO VISUAL LINKS) ACT 1998 - SECT 5B
Taking evidence and submissions from outside courtroom or place where court is sitting--proceedings generally
5B Taking evidence and submissions from outside courtroom or place where court
is sitting--proceedings generally
(1) Subject to any applicable rules of court, subsection (2A) and
section 5BAA, a NSW court may, either on its own motion in, or on the
application of a party to, a proceeding before the court, direct that a person
(whether or not a party to the proceeding) give evidence or make a submission
to the court by audio link or audio visual link from any place within or
outside New South Wales, including a place outside Australia, other than the
courtroom or other place at which the court is sitting.
(2) The court must
not make such a direction if-- (a) the necessary facilities are unavailable or
cannot reasonably be made available, or
(b) the court is satisfied that the
evidence or submission can more conveniently be given or made in the courtroom
or other place at which the court is sitting, or
(c) the court is satisfied
that the direction would be unfair to any party to the proceeding, or
(d) the
court is satisfied that the person in respect of whom the direction is sought
will not give evidence or make the submission.
(2A) A court must not make a
direction under this Part in relation to the giving of evidence or making of a
submission by audio visual link by any accused detainee in any criminal
proceeding in relation to the detainee concerning an offence alleged to have
been committed by the detainee. However, this subsection does not prevent the
making of such a direction in relation to an accused detainee in any other
proceeding to which this Part applies. Note : Part 1B of this Act contains
provisions with respect to the appearance of accused detainees who are in
custody in criminal proceedings.
(3) In a proceeding in which a party opposes
the making of a direction for the giving of evidence or making of a submission
to the court by audio link or audio visual link from any place within New
South Wales other than the courtroom or other place where the court is
sitting, the court must not make the direction unless the party making the
application satisfies the court that it is in the interests of the
administration of justice for the court to do so.
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