Victorian Current Acts Victorian Current ActsS. 123(1) substituted by No. 38/2022 s. 67.
(1) This section applies to a proceeding that relates (wholly or partly) to a charge for a sexual offence if, when the criminal proceeding commenced, a complainant in relation to a charge for a sexual offence was a child or a person with a cognitive impairment.
(2) Despite anything to the contrary in this Part, the Magistrates' Court must not grant leave to cross-examine any witness in a proceeding to which this section applies.
Examples
1 A proceeding relates to a sexual offence charge involving a child complainant and a sexual offence charge involving an adult complainant without a cognitive impairment. No cross-examination is permitted.
2 A proceeding relates to a charge for a sexual offence against an adult complainant without a cognitive impairment and a charge for a non-sexual offence against a child complainant. The section does not apply.
3 A proceeding relates to a charge for a sexual offence against a child complainant and a charge for a non-sexual offence against an adult complainant without a cognitive impairment. No cross-examination is permitted.