41Measures to protect children in proceedings

#### 41 Measures to protect children in proceedings 41 Measures to protect children in proceedings > > (1) This section applies to the following proceedings or part of proceedings— > > > > > (a) proceedings in which an apprehended violence order is sought or proposed to be made for the protection of a child, > > > > > (b) proceedings in relation to an application for the variation or revocation of an apprehended violence order if the protected person or one of the protected persons is a child, > > > > > (c) any part of proceedings in which an apprehended violence order is sought or proposed to be made in which a child appears as a witness, > > > > > (d) any part of proceedings in relation to an application for the variation or revocation of an apprehended violence order in which a child appears as a witness, > > > > > (d1) a part of proceedings in which a serious domestic abuse prevention order is sought or proposed to be made in which a child appears as a witness, > > > > > (d2) a part of proceedings in relation to an application for the variation or revocation of a serious domestic abuse prevention order in which a child appears as a witness, > > > > > (e) any part of proceedings under Part 13B for the variation or revocation of a recognised non-local DVO or for a declaration that a DVO is a recognised DVO in which a child appears as a witness, > > > > > (f) proceedings in which an apprehended violence order is sought or proposed to be made against a child, > > > > > (g) proceedings in relation to an application for the variation or revocation of an apprehended violence order made against a child. > > > (2) Proceedings or any part of proceedings to which this section applies are to be heard in the absence of the public unless the court hearing the proceedings otherwise directs. > > > (3) Even if proceedings or a part of proceedings to which this section applies are open to the public, the court hearing the proceedings may direct any person (other than a person who is directly interested in the proceedings) to leave the place where the proceedings are being heard during the examination of any witness. > > > (4) In any proceedings referred to in subsection (1)(a), (b), (c), (d), (d1) or (d2), a child should not be required to give evidence in any manner about a matter unless the court is of the opinion that it is in the interests of justice for the child to do so. > > > (5) If a child is required to give evidence under this section, the evidence should be required to be given only in accordance with Divisions 3 and 4 of Part 6 of Chapter 6 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209). > > > (6) For the purposes of subsection (5), Division 3 of Part 6 of Chapter 6 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) applies to proceedings in relation to an application for an apprehended violence order or a serious domestic abuse prevention order, or a variation or revocation of such an order, in the same way as it applies to criminal proceedings. > > **s 41:** Am 2016 No 9, Sch 1 \[3\]; 2018 No 29, Sch 1.6; 2024 No 59, Sch 1\[8\]–\[10\].