46Right to presence of supportive person when giving evidence

#### 46 Right to presence of supportive person when giving evidence 46 Right to presence of supportive person when giving evidence > > (1) In this section— > > > > party— > > > > > (a) to apprehended violence order proceedings, means the person for whose protection the relevant order is sought or the defendant, and > > > > > (b) to serious domestic abuse prevention order proceedings, means the following— > > > > > > > (i) the person against whom the order is sought or made, > > > > > > > (ii) a family member, within the meaning of Part 10A, of the person, > > > > > > > (iii) a former or current intimate partner of the person, > > > > > > > (iv) a person in a domestic relationship with an intimate partner of the person. > > > (2) A party to apprehended violence order proceedings or serious domestic abuse prevention order proceedings is entitled to choose a person whom the party would like to have present near him or her when giving evidence. > > > (3) Without limiting a party’s right to choose such a person, that person— > > > > > (a) may be a parent, guardian, relative, friend or support person of the party, and > > > > > (b) may be with the party as an interpreter, for the purpose of assisting the party with any difficulty in giving evidence associated with a disability, or for the purpose of providing the party with other support. > > > (4) To the extent that the court considers it reasonable to do so, the court must make whatever direction is appropriate to give effect to a party’s decision to have such a person present near the party, and within the party’s sight, when the party is giving evidence. > > > (5) The court may permit more than one support person to be present with the party if the court thinks that it is in the interests of justice to do so. > > Note. > > Section 306ZK of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) contains similar provisions to section 46 of this Act in relation to the giving of evidence in apprehended violence order proceedings by vulnerable persons, that is children and intellectually impaired persons. > > Section 294B of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) enables a protected person in apprehended violence order proceedings who is the alleged victim of a prescribed sexual offence (within the meaning of that Act) by the defendant to give evidence from a place other than the courtroom by means of closed-circuit television facilities or other communication facilities or to give evidence in the courtroom if certain measures have been taken to restrict contact with the accused person. > > **s 46:** Am 2024 No 59, Sch 1\[15\] \[16\].