sec.151Restriction on cross-examination in person

### sec.151 Restriction on cross-examination in person This section applies if— a protected witness gives evidence in a proceeding under this Act; and a respondent in the proceeding wishes to cross-examine the protected witness; and the respondent is not represented by a lawyer. See the Evidence Act 1977 , part 2 , division 6 in relation to the cross-examination of protected witnesses in proceedings for an offence against this Act. The court, on its own initiative or on the application of a party to the proceeding, may order that the respondent may not cross-examine the protected witness in person if the court is satisfied that the cross-examination is likely to cause the protected witness to— suffer emotional harm or distress; or be so intimidated as to be disadvantaged as a witness. However, if the protected witness is a child, the court must make an order that the respondent may not cross-examine the protected witness in person. If the court makes an order under this section, the court must— inform the respondent that the respondent may not cross-examine the protected witness in person; and require the respondent to advise the court by a stated date or time whether the respondent— has arranged for a lawyer to act for the respondent; or has arranged for a lawyer to act for the respondent for cross-examination of the protected witness; or has decided not to cross-examine the protected witness. s 151 amd 2023 No. 1 s 48 (sec.151-ssec.1) This section applies if— a protected witness gives evidence in a proceeding under this Act; and a respondent in the proceeding wishes to cross-examine the protected witness; and the respondent is not represented by a lawyer. See the Evidence Act 1977 , part 2 , division 6 in relation to the cross-examination of protected witnesses in proceedings for an offence against this Act. (sec.151-ssec.2) The court, on its own initiative or on the application of a party to the proceeding, may order that the respondent may not cross-examine the protected witness in person if the court is satisfied that the cross-examination is likely to cause the protected witness to— suffer emotional harm or distress; or be so intimidated as to be disadvantaged as a witness. (sec.151-ssec.3) However, if the protected witness is a child, the court must make an order that the respondent may not cross-examine the protected witness in person. (sec.151-ssec.4) If the court makes an order under this section, the court must— inform the respondent that the respondent may not cross-examine the protected witness in person; and require the respondent to advise the court by a stated date or time whether the respondent— has arranged for a lawyer to act for the respondent; or has arranged for a lawyer to act for the respondent for cross-examination of the protected witness; or has decided not to cross-examine the protected witness. - (a) a protected witness gives evidence in a proceeding under this Act; and - (b) a respondent in the proceeding wishes to cross-examine the protected witness; and - (c) the respondent is not represented by a lawyer. - (a) suffer emotional harm or distress; or - (b) be so intimidated as to be disadvantaged as a witness. - (a) inform the respondent that the respondent may not cross-examine the protected witness in person; and - (b) require the respondent to advise the court by a stated date or time whether the respondent— (i) has arranged for a lawyer to act for the respondent; or (ii) has arranged for a lawyer to act for the respondent for cross-examination of the protected witness; or (iii) has decided not to cross-examine the protected witness. - (i) has arranged for a lawyer to act for the respondent; or - (ii) has arranged for a lawyer to act for the respondent for cross-examination of the protected witness; or - (iii) has decided not to cross-examine the protected witness. - (i) has arranged for a lawyer to act for the respondent; or - (ii) has arranged for a lawyer to act for the respondent for cross-examination of the protected witness; or - (iii) has decided not to cross-examine the protected witness.