389KWitness to give evidence in presence of intermediary

389K Witness to give evidence in presence of intermediary (1) In a proceeding in which an intermediary has been appointed, the evidence of the witness must be given in the presence of the intermediary. (2) Subject to any direction of the court and rules of court, the evidence of the witness given in the presence of the intermediary must be given in circumstances in which— (a) the court and any legal practitioner appearing in the proceeding are able to see and hear the witness giving evidence and to communicate with the intermediary; and (b) the jury (if any) is able to see and hear the witness giving evidence (including any assistance given by the intermediary), other than evidence given in accordance with an arrangement made under section 360(a) as directed by the court. (3) The provisions of Division 2 (other than section 22(2)) of Part 2.1 of the **Evidence Act 2008** which apply to interpreters are taken to apply to an intermediary. Section 22(2) of the **Evidence Act 2008** requires interpreters to take an oath or make an affirmation in accordance with a form in Schedule 1 to that Act or a similar form. (4) A person must not act as an intermediary in a particular proceeding unless the person has taken an oath or made an affirmation in the prescribed form. Ch. 8 Pt 8.2 renumbered as Ch. 8 Pt 8.3 by No. 68/2009 s. 52(a). Part 8.3—Service of documents S. 338 renumbered as s. 390 by No. 68/2009 s. 52(b).