15YE Disallowing inappropriate or aggressive cross-examination
(1) The court may disallow a question put to a child witness in
cross-examination in a proceeding if the question is inappropriate or unnecessarily aggressive.
(2) In considering whether a question is inappropriate or unnecessarily aggressive, the court is to have regard to the child witness’ personal characteristics, including his or her age, culture, mental capacity and gender.
15YF Unrepresented defendants—cross-examination of child complainants
(1) A defendant in a proceeding who is not represented by counsel is not to cross-examine a child complainant.
(2) A person appointed by the court is to ask the child any questions that the defendant requests the person to ask the child.
15YG Unrepresented defendants—cross-examination of child witnesses
(1) A defendant in a proceeding who is not represented by counsel is not to cross-examine a child witness (other than a child complainant), unless the court gives leave.
(2) The court must not give leave unless satisfied that the child’s ability to testify under cross-examination will not be adversely affected if the defendant conducts the cross-examination.
(3) In considering whether that ability will be adversely affected, the court is to have regard to any trauma that could be caused if the defendant conducts the cross-examination.
(4) An application for leave under this section:
(a) must be in writing; and
(b) must not be determined before the court has considered such submissions and other evidence as it thinks necessary for determining the application.
(5) If the court refuses leave, a person appointed by the court is to ask the child any questions that the defendant requests the person to ask the child.
15YH Represented defendants—cross-examination of child witnesses and child complainants
A defendant in a proceeding who is represented by counsel is not to cross-examine a child witness or a child complainant except through counsel.
