Western Australian Current Acts Western Australian Current Acts (1) A court may make
arrangements under this section in any proceedings under this Act if it is of
the opinion that, if those arrangements are not made, a party to the
proceedings or a witness would be likely —
(a) to
be unable to give evidence, or to give evidence satisfactorily; or
(b) to
suffer severe emotional trauma or be unnecessarily intimidated or distressed.
(2) In acting under
this section, the court may make such arrangements as it thinks fit, including
by using closed circuit television or screens, one-way glass or other suitable
shielding devices.
(3) When considering
whether to make arrangements under this section in respect of a person, the
court may have regard to —
(a) the
person’s age; and
(b) the
person’s cultural background; and
(c) any
physical disability or mental impairment (as defined in the
Criminal Law (Mental Impairment) Act 2023 section 9(1)) of the person; and
(d) the
relationship of the person to any other person involved in the proceedings;
and
(e) the
effect on the person of the presence of another person; and
(f) the
nature of the subject-matter of the proceedings; and
(g) the
expressed views of the person; and
(h) any
other factor the court considers relevant.
(4) When making
arrangements under this section, the court must ensure that —
(a) the
judicial officer and all parties to the matter (or their counsel, if any) are
able to see, hear and speak to each witness while the witness is giving
evidence; and
(b) each
party to the matter has the means of communicating with their counsel at all
times; and
(c) if a
person takes part in the proceedings from outside the court room, the person
is able to see, hear and speak to the judicial officer at all times.
(5) The court may make
arrangements under this section —
(a) on
the application of a party to the proceedings, at the request of a witness, or
of its own motion; and
(b) at
any stage of proceedings.
(6) Whenever a matter
relating to an FVRO or VRO comes before a court, the court must consider
whether it ought to make arrangements under this section.
(7) If a court
considers that arrangements ought to be made under this section but the
necessary facilities are not available, the court may transfer the matter to
another court where those facilities are available if to do so is practicable
and will not unfairly prejudice any party in the proceedings.
[Section 44E inserted: No. 30 of 2020 s. 67;
amended: No. 10 of 2023 s. 399.]