South Australian Numbered Acts South Australian Numbered Acts9—Amendment of section 13A—Special arrangements for protecting vulnerable witnesses when giving evidence in criminal proceedings
(1) Section 13A(2)(e) and (f)—delete paragraphs (e) and (f) and substitute:
(e) an order that the evidence be taken in a particular way (to be specified by the court) that will, in the court's opinion, facilitate the taking of evidence from the vulnerable witness or minimise the witness's embarrassment or distress, including (for example)—
(i) that the witness be accompanied by a relative, friend or other person for the purpose of providing emotional support; and
(ii) if the witness has a physical disability or cognitive impairment—that the evidence be taken in a particular way (to be specified by the court) that will, in the court's opinion, facilitate the taking of evidence from the witness or minimise the witness's embarrassment or distress (including, if the witness has complex communication needs, with such communication assistance as may be specified by the court); and
Note—
Communication assistance for a vulnerable witness with complex communication needs may be provided, for example, by a communication partner or by using a device (such as a speak-and-spell communication device).
(iii) that extra allowance be made for breaks during, and time to be given for, the taking of evidence; and
(iv) that, while the evidence is being taken, the judge and any lawyer present in the court not wear a wig or gown (or both).
(2) Section 13A(5)—delete "relative or friend for the purpose of providing emotional support" and substitute:
person for the purpose of providing emotional support or communication assistance
(3) Section 13A—after subsection (5) insert:
(5A) A person may only provide communication assistance to a witness—
(a) if the person—
(i) is a communication partner or has been approved by the court to provide such assistance to the witness; and
(ii) takes an oath or makes an affirmation that he or she will communicate accurately with both the witness and the court; and
(b) in a case where a party to the proceedings disputes the person's ability or impartiality in providing communication assistance—if the judge is satisfied as to the person's ability and impartiality.
(5B) The fact that a person has provided communication assistance to a witness in proceedings under this section does not of itself prevent that person also from being called as a witness to give evidence in the proceedings or in any other relevant proceedings.