15YI Closed-circuit television
(1) A child witness’ evidence in a proceeding must be given by means of closed-circuit television unless:
(a) the child is at least 16 and chooses not to give evidence by that means; or
(b) the court orders that the child is not to give evidence by that means; or
(c) the court is not equipped with facilities for evidence to be given by means of closed-circuit television.
Note: Section 15YL provides for alternative arrangements if a child witness does not give evidence by means of closed-circuit television.
(2) The court must not make an order under paragraph (1)(b) unless satisfied that it is not in the interests of justice for the child witness’ evidence to be given by means of closed-circuit television.
(3) This section does not affect the operation of any law in relation to the competence of a person to give evidence.
15YJ Giving evidence by closed-circuit television
(1) If the child witness’ evidence is given by means of closed-circuit television from a location outside a courtroom:
(a) that location is taken to be part of the courtroom in which the proceeding is being held; and
(b) the court may order that a court officer be present at that location; and
(c) the court may order that another person be present with the child:
(i) to act as an interpreter; or
(ii) to assist the child with any difficulty in giving evidence associated with a disability; or
(iii) to provide the child with other support.
(2) An order under paragraph (1)(b) or (c) does not limit the operation of section 15YM.
(3) The court may adjourn the proceeding, or a part of the proceeding, to a court or other place that is equipped with facilities for evidence to be given by means of closed-circuit television if:
(a) the court is not equipped with facilities for evidence to be given by means of closed-circuit television; or
(b) the court otherwise considers it appropriate to do so.
15YK Viewing evidence given by closed-circuit television
If the child witness’ evidence is given by means of closed-circuit television, the facilities used are to be operated in such a way that the people who have an interest in the proceeding can see the child, and any person present with the child, on one or more television monitors.
15YL Alternative arrangements for giving evidence
(1) If a child witness’ evidence in a proceeding is not to be given by means of closed-circuit television, the court:
(a) must make arrangements in order to restrict contact (including visual contact) that the child may have with any defendant while giving evidence; and
(b) may make arrangements in order to restrict contact (including visual contact) that the child may have with members of the public while giving evidence.
(2) The arrangements may include either of the following:
(a) using screens;
(b) planning seating arrangements for people who have an interest in the proceeding, including:
(i) the level at which they are seated; and
(ii) the people in the child’s line of vision.
(3) This section does not apply if the child is at least 16 and chooses not to give evidence under the arrangements.
Division 5—Use of video recordings
15YM Use of video recordings
(1) A video recording of an interview of a child witness in a proceeding may be admitted as evidence in chief if:
(a) a constable, or a person of a kind specified in the regulations, conducted the interview; and
(b) the court gives leave.
(2) The court must not give leave if satisfied that it is not in the interest of justice for the child’s evidence in chief to be given by a video recording.
(3) 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.
(4) The child witness must be available for cross-examination and re-examination if he or she gives evidence in chief by a video recording.
Note: Division 4 provides for this evidence to be given using closed-circuit television or other arrangements.
15YN Admissibility of evidence given using video recordings
(1) The admissibility of the evidence given by video recording is not affected by the fact that it is evidence of previous representations that the child witness made in the interview that was being recorded.
(2) Evidence given by video recording under section 15YM is not admissible if the court is satisfied that:
(a) any defendant in the proceeding (other than the child witness if the child is a defendant); or
(b) the defendant’s lawyer (if any);
was not given a reasonable opportunity to listen to and view the recording.
(3) The court may refuse to admit the whole or part of the contents of a recording adduced as evidence under section 15YM.
Division 6—Miscellaneous
15YO Adults accompanying child witnesses
(1) A child witness may choose an adult to accompany the child while the child is giving evidence in a proceeding (including while giving evidence by closed-circuit television).
(2) The adult so chosen may accompany the child as mentioned in subsection (1), unless the court determines that it is not appropriate for the adult to accompany the child.
(3) The court may permit more than one adult to accompany the child if the court considers it in the interests of justice to do so.
(4) An adult accompanying the child under this section must not:
(a) prompt the child or otherwise influence the child’s answers; or
(b) disrupt the questioning of the child.
(5) Any words spoken by an adult accompanying the child under this section must be able to be heard by:
(a) the judge; and
(b) if there is a jury in the proceeding—the members of the jury.
15YP Exclusion of people from the courtroom
The court may order that some or all of the members of the public be excluded from the courtroom in which a child witness is giving evidence in a proceeding.
15YQ Warnings etc. not to be given about children’s evidence
If there is a jury in a proceeding in which a child witness has given or will give evidence, the judge is not to warn the jury, or suggest to the jury in any way:
(a) that the law regards children as an unreliable class of witness; or
(b) that the law requires greater or lesser weight to be given to evidence that is given by closed-circuit television or alternative arrangements under Division 4; or
(c) that the law requires greater or lesser weight to be given to evidence that is given by a video recording under Division 5; or
(d) that the law requires greater or lesser weight to be given to evidence because an adult accompanies the child under section 15YO.
15YR Publication identifying child witnesses or child complainants
(1) A person commits an offence if:
(a) the person publishes any matter; and
(b) the person does not have the leave of the court to publish the matter; and
(c) the matter:
(i) identifies another person (who is not a defendant in the proceeding) as a child witness or a child complainant in relation to the proceeding; or
(ii) is likely to lead to the other person being identified as such a child witness or child complainant.
Penalty: Imprisonment for 12 months, or 60 penalty units, or both.
(2) This section does not apply if the publication is in:
(a) an official publication in the course of, and for the purpose of, the proceeding; or
(b) a document prepared for use in particular legal proceedings (whether or not the legal proceedings are a proceeding within the meaning of this Part).
Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code).
(3) The court may give leave to a person to publish the matter.
(4) In deciding whether to give leave, the court is to have regard to:
(a) any trauma to the child witness or child complainant that the publication could cause; and
(b) any damage to the reputation of the child witness or child complainant that the publication could cause; and
(c) whether the publication is:
(i) for the purpose of supplying transcripts of the proceedings to persons with a genuine interest in the proceedings; or
(ii) for genuine research purposes.
(5) Leave may be given after the proceedings have finished. For this purpose, the court need not be constituted by the same judicial officers who constituted the court in the proceedings.
(6) 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.
