Victorian Current Acts

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PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 52

Alternative arrangements for proceeding

S. 52(1) amended by No. 42/2014 s. 129.

    (1)     The court may direct that any of the following alternative arrangements be made for a proceeding in respect of a personal safety intervention order or a litigation restraint order proceeding—

        (a)     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.

    (2)     The court may make a direction under subsection (1) on its own initiative or on the application of a party to the proceeding.

    (3)     In making a direction under subsection (1) the court must have regard to—

        (a)     the wishes expressed by the witness; and

        (b)     the age and maturity of the witness; and

        (c)     the facilities available for the conduct of the proceeding; and

        (d)     any other matters the court considers relevant.

    (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.

Division 5—Assessment reports in proceedings in the Children's Court



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