294GPre-recorded evidence hearings

#### 294G Pre-recorded evidence hearings 294G Pre-recorded evidence hearings > > (1) Evidence of a witness in proceedings to which this division applies must— > > > > > (a) subject to a contrary order of the Court, be given at a hearing under section 294H (a pre-recorded evidence hearing) in accordance with section 294I, and > > > > > (b) be dealt with in accordance with section 294I. > > > (2) The Court may make an order under subsection (1)(a) only if the Court is satisfied it is appropriate to do so in the interests of justice. > > > (3) The primary factors to be considered by the Court in determining whether to make an order under subsection (1)(a) are the wishes and circumstances of the witness. > > > (4) Without limiting the other factors the Court may take into account in deciding whether to make an order under subsection (1)(a), the Court may also take into consideration the following— > > > > > (a) the availability of court and other facilities necessary for a pre-recorded evidence hearing to take place, > > > > > (b) the sufficiency of preparation time for both parties, > > > > > (c) the continuity and availability of counsel at both the pre-recorded evidence hearing and the trial, > > > > > (d) other relevant matters. > > **s 294G:** Ins 2023 No 32, Sch 1\[2\].