Victorian Current Acts

CHILDREN, YOUTH AND FAMILIES ACT 2005 - SECT 583

S. 583(1) amended by Nos 68/2009 s. 81(a), 69/2009 s. 54(Sch. Pt 2 item 10).

    (1)     If a person is called as a witness in any legal proceeding within the meaning of section 3 of the Evidence (Miscellaneous Provisions) Act 1958 (other than a proceeding in the Children's Court) and the person—

        (a)     has appeared before the Court charged with an offence; or

        (b)     has been the subject of an application to the Family Division for a protection order—

no question regarding—

        (c)     that charge or any order made in respect of that charge; or

        (d)     that application or any appearance of the person before the Court in respect of, or consequent on, that application—

is to be asked of the person after the end of 3 years from the date of the charge-sheet charging the offence or the application or appearance (whichever last happens).

    (2)     Subsection (1) does not apply if—

        (a)     the question is relevant to the facts in issue in the proceeding or to matters necessary to be known in order to determine whether or not those facts existed; or

        (b)     the Court considers that the interests of justice require that the question be asked.

    (3)     A person referred to in subsection (1) must not be asked any question about any application made to the Family Division other than an application for a protection order.

S. 584 (Heading) amended by No. 68/2009 s. 81(b).