Section 279 - Criminal Procedure Act 1986 - Compellability of family members to give evidence in certain proceedings

279Compellability of family members to give evidence in certain proceedings

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279 Compellability of family members to give evidence in certain proceedings

(1) In this section—

(a) a reference to a member of the accused person’s family means the spouse or de facto partner of the accused person or a parent (within the meaning of the Evidence Act 1995) or child (within the meaning of that Act) of the accused person, and

Note.

“De facto partner” is defined in section 21C of the Interpretation Act 1987.

(b) a reference to a domestic violence offence is a reference to a domestic violence offence within the meaning of the Crimes (Domestic and Personal Violence) Act 2007, and

(c) a reference to a domestic violence offence committed on a member of an accused person’s family includes a reference to an offence of contravening a prohibition or restriction specified in an apprehended violence order that was made against the accused person and in respect of which a member of the accused person’s family was the protected person, and

(d) a reference to a child assault offence is a reference to—

(i) a prescribed sexual offence committed on a child under the age of 18 years, or

(ii) an offence under, or mentioned in, section 24, 27, 28, 29, 30, 33, 33A, 35, 39, 41, 42, 43, 44, 46, 47, 48, 49, 58, 59 or 61 of the Crimes Act 1900 committed on a child under the age of 18 years, or

(iii) an offence that, at the time it was committed, was a child assault offence for the purposes of this section or section 407AA of the Crimes Act 1900, or

(iv) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in subparagraph (i), (ii) or (iii), and

(e) a reference to a child assault offence committed on a child includes a reference to an offence of contravening a prohibition or restriction specified in an apprehended violence order that was made against the accused person and in respect of which that child was the protected person.