South Australian Current Acts South Australian Current Acts (1) In this Act,
unless some other intention is expressed, or implied by the context—
"canine court companion" means a dog accredited by—
(a) the
Guide Dogs Association of SA and NT Inc.; or
(b) a
person or body prescribed by the regulations,
as a canine court companion;
"child" means a person under the age of 18 years;
"child sexual offence" means a sexual offence committed in relation to a
child;
"cognitive impairment" includes the following:
(a) a
developmental disability (including, for example, an intellectual disability,
Down syndrome, cerebral palsy or an autistic spectrum disorder);
(b) an
acquired disability as a result of illness or injury (including, for example,
dementia, a traumatic brain injury or a neurological disorder);
(c) a
mental illness;
"communication partner" means a person, or a person of a class, approved by
the Minister for the purposes of providing assistance in proceedings to a
witness with complex communication needs;
"court" includes a tribunal, authority or person invested by law with judicial
or quasi-judicial powers, or with authority to make any inquiry or to receive
evidence;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"judge" includes the member or members of any court having authority to admit
evidence;
"legal proceeding" or "proceeding" includes any action, trial, inquiry, cause,
or matter, whether civil or criminal, in which evidence is or may be given and
includes an arbitration;
"serious offence against the person" means—
(a)
attempted murder; or
(b)
attempted manslaughter; or
(c) a
sexual offence; or
(d)
—
(i)
an offence of stalking under section 19AA of the
Criminal Law Consolidation Act 1935 ; or
(ii)
an offence of causing serious harm under section 23
of the Criminal Law Consolidation Act 1935 ; or
(iii)
an offence involving an unlawful threat to kill or
endanger life; or
(iv)
an offence involving abduction; or
(v)
an offence involving blackmail; or
(vi)
an attempt to commit, or assault with intent to commit,
any of the offences in the preceding subparagraphs;
"sexual offence" means—
(a)
rape; or
(ab)
compelled sexual manipulation; or
(b)
indecent assault; or
(c) any
offence involving unlawful sexual intercourse or an act of gross indecency; or
(d)
incest; or
(da) any
offence involving sexual exploitation or abuse of a child, or exploitation of
a child as an object of prurient interest; or
(db) an
offence of sexual exploitation of a person with a cognitive impairment under
section 51 of the Criminal Law Consolidation Act 1935 ; or
(e) any
attempt to commit, or assault with intent to commit, any of the foregoing
offences;
"spouse"—a person is the spouse of another if they are legally married;
"statement" includes a statement however made;
"sworn evidence" means evidence given under the obligation of
an oath or an affirmation; and "unsworn evidence" has a corresponding meaning;
"electric telegraph" means any system of telecommunication operated by the
Australian Telecommunication Commission or any other authority approved by
proclamation;
"telegraphic message" means any message or other communication transmitted, or
intended for transmission, or purporting to have been transmitted, by
electric telegraph;
"telegraph station" means a station established or used by the Australian
Telecommunication Commission or other authority approved by proclamation for
the receipt or transmission of telegraphic messages;
"vulnerable witness" means—
(a) a
witness who is under 16 years of age; or
(b) a
witness who is cognitively impaired; or
(c) a
witness who is the alleged victim of an offence to which the proceedings
relate—
(i)
where the offence is a
serious offence against the person; or
(ii)
in any other case—where, because of the
circumstances of the witness or the circumstances of the case, the witness
would, in the opinion of the court, be specially disadvantaged if not treated
as a vulnerable witness; or
(d) a
witness who—
(i)
has been subjected to threats of violence or retribution
in connection with the proceedings; or
(ii)
has reasonable grounds to fear violence or retribution in
connection with the proceedings; or
(e) in
the case of proceedings for a serious and organised crime offence (within the
meaning of the Criminal Law Consolidation Act 1935 )—a person who
will only consent to being a witness in the proceedings if he or she is
treated as a vulnerable witness for the purposes of the proceedings;
"young child" means a child of or under the age of 14 years.
(2) For the purposes
of this Act, a witness who is to give oral evidence
in proceedings will be taken to have "complex communication needs" if the
witness's ability to give the evidence is significantly affected by a
difficulty to communicate effectively with the court, whether the
communication difficulty is temporary or permanent and whether caused by
disability, illness, injury or some other cause.
(3) However, a witness
who is to give oral evidence in proceedings whose native language is not
English will not be taken to have "complex communication needs merely because
the witness is not reasonably fluent in English (although the witness may be
entitled to give the evidence through an interpreter under section 14).