Victorian Current Acts Victorian Current ActsS. 69(1) amended by No. 42/2014 s. 117.
(1) The court may direct that any of the following alternative arrangements be made for a proceeding in respect of a family violence intervention order or a litigation restraint order proceeding—
S. 69(1)(a) amended by No. 1/2022 s. 126(1).
(a) subject to subsections (1A) and (3), permitting the proceeding to be conducted from a place other than the courtroom by means of closed circuit television or other facilities that enable communication between that place and the courtroom;
(b) using screens to remove the respondent from a party's or witness's direct line of vision;
(c) permitting a person to be beside a party or witness while the party or witness is giving evidence for the purpose of providing emotional support to the party or witness;
(d) requiring legal practitioners to be seated during the proceeding;
(e) any other alternative arrangements the court considers appropriate.
S. 69(1A) inserted by No. 1/2022 s. 126(2).
(1A) Unless the court is satisfied that an adult witness who is a protected witness within the meaning of section 70(1) is able and wishes to give evidence in the courtroom, the court must direct that an arrangement referred to in subsection (1)(a) in relation to the giving of that evidence be made if—
(a) closed-circuit television or other facilities that enable communication between the courtroom and the other place are available; and
(b) it is practicable to do so.
S. 69(2) amended by No. 1/2022 s. 126(4).
(2) If the witness is an adult, the court may make a direction under subsection (1) or (1A) on its own initiative or on the application of a party to the proceeding.
S. 69(3) substituted by No. 1/2022 s. 126(3).
(3) If a witness is a child, the court must direct that an arrangement referred to in subsection (1)(a) in relation to the giving of that evidence be made if—
(a) closed-circuit television or other facilities that enable communication between the courtroom and the other place are available; and
(b) it is practicable to do so—
unless the court is satisfied that the witness who is a child—
(c) is able and wishes to give evidence in the courtroom; and
(d) it is appropriate to do so, having regard to the age and maturity of the witness.
(4) Any place outside the courtroom where a witness is permitted to give evidence under this section is taken to be part of the courtroom while the witness is there for the purpose of giving evidence.
(5) The court may, at any time in the course of the proceeding, vary or revoke a direction made under subsection (1) on its own initiative or on the application of a party to the proceeding.