Northern Territory Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE ACT 2007 - SECT 114

    (1)     This section applies if, in an examination of witnesses or a trial, a defendant is not represented by a legal practitioner and the defendant wishes to cross-examine:

        (a)     a vulnerable witness; or

        (b)     any other witness who is in a domestic relationship with the defendant.

    (2)     The defendant is not entitled to cross-examine the witness directly unless the court grants leave.

    (3)     The court cannot grant leave under subsection (2) if the witness is a child or has a cognitive impairment or an intellectual disability.

    (4)     The court must not grant leave under subsection (2) unless satisfied that the witness's ability to testify under cross-examination will not be adversely affected if the defendant conducts the cross-examination.

    (5)     In considering whether the witness's ability to testify will be adversely affected, the court must have regard to any trauma or distress that could be caused if the defendant conducts the cross-examination.

    (6)     In considering whether to grant leave under subsection (2), the court must not require the witness to give evidence about the matters mentioned in subsections (4) and (5).