294MAppointment of witness intermediaries

#### 294M Appointment of witness intermediaries 294M Appointment of witness intermediaries > > (1) The Secretary of the Department in which this Act is administered must establish a panel of persons who are suitable persons to be appointed as witness intermediaries. > > > (2) A person must not be included on the panel unless the person has— > > > > > (a) a tertiary qualification in psychology, social work, speech pathology, teaching or occupational therapy, or > > > > > (b) other qualifications, training, experience or skills prescribed by the regulations. > > > (3) For proceedings to which this division applies, the Court— > > > > > (a) must appoint a witness intermediary for a witness who is less than 16 years of age, and > > > > > (b) may, on its own motion or on the application of a party to the proceedings, appoint a witness intermediary for a witness who is 16 or more years of age if satisfied the witness has difficulty communicating. > > > (4) Despite subsection (3)(a), the Court is not required to appoint a witness intermediary if the Court is satisfied— > > > > > (a) there is no person on the panel available to meet the needs of the witness, or > > > > > (b) it is otherwise not practical to appoint a witness intermediary, or > > > > > (c) it is unnecessary or inappropriate to appoint a witness intermediary, or > > > > > (d) it is not otherwise in the interests of justice to appoint a witness intermediary. > > > (5) A person must not be appointed as a witness intermediary for a witness if the person— > > > > > (a) is a relative, friend or acquaintance of the witness, or > > > > > (b) has assisted the witness in a professional capacity, other than as a witness intermediary, or > > > > > (c) is a party to or a potential witness in the proceedings. > > > (6) Subsection (5)(b) does not prevent the person from being appointed as a witness intermediary for the witness— > > > > > (a) if the Court, in the interests of justice and on its own motion or on the application of a party, appoints the person as a witness intermediary for the witness, or > > > > > (b) merely because the person carries out the functions of a witness intermediary for the witness during a criminal investigation that takes place before or after the commencement of proceedings. > > > (7) The witness intermediary appointed for a witness must, if asked by the Court, give the Court a written report about the communication needs of the witness. > > > (8) A copy of the report must be given to the parties to the proceedings before the witness gives evidence in the proceedings. > > **s 294M:** Ins 2023 No 32, Sch 1\[2\].