21QOffence to publish recorded statement

21Q Offence to publish recorded statement (1) A person commits an offence if: (a) the person intentionally publishes a recorded statement; and (b) the person does not have authority to publish the recorded statement and the person is reckless in relation to that circumstance. Maximum penalty: 100 penalty units or imprisonment for 12 months. (2) For subsection (1), a person has authority to publish a recorded statement only if the person publishes the recorded statement in connection with: (a) the investigation of, or a proceeding for, an offence in relation to which the recorded statement is prepared; or

Evidence Act 1939 16 (b) a rehearing, retrial or appeal in relation to the proceeding. (3) In this section: person includes the complainant who made the recorded statement. publish means communicate or disseminate information in a way or to an extent that makes it available to, or likely to come to the notice of, the public or a section of the public or anyone else not lawfully entitled to the information. 21QA Leave required for unrepresented defendant to cross-examine certain vulnerable witnesses (1) This section applies if, in an examination of witnesses or a trial, a defendant is not represented by a legal practitioner and the defendant wishes to cross-examine a vulnerable witness. (2) The defendant is not entitled to cross-examine the witness directly unless the court grants leave. (3) The court cannot grant leave under subsection (2) if the witness is a child, or has a cognitive impairment or an intellectual disability. (4) The court must not grant leave under subsection (2) unless satisfied that the witness's ability to testify under cross-examination will not be adversely affected if the defendant conducts the cross-examination. (5) In considering whether the witness's ability to testify will be adversely affected, the court must have regard to any trauma or distress that could be caused if the defendant conducts the cross-examination. (6) In considering whether to grant leave under subsection (2), the court must not require the witness to give evidence about the matters mentioned in subsections (4) and (5). 21QB Leave not given to directly cross-examine witness (1) This section applies if the court does not grant leave under section 21QA(2). (2) The court must, as soon as practicable, explain to the defendant: (a) the prohibition against directly cross-examining the witness and the effect of the prohibition; and

Evidence Act 1939 17 (b) that if the defendant does not cross-examine the witness, the defendant will not be permitted to adduce evidence in relation to a fact in issue in order to contradict the evidence of the witness; and (c) that the defendant can arrange for a legal practitioner to cross-examine the witness on the defendant's behalf; and (d) that the defendant must notify the court of the name of the arranged legal practitioner by a date specified by the court; and (e) that if the defendant does not wish to make such an arrangement, or if the defendant fails to notify the court of the name of a legal practitioner by the date specified: (i) the court will decide whether it is necessary in the interests of justice to appoint a legal practitioner to cross-examine the witness for the defendant; and (ii) if the court decides that it is necessary – the court may appoint a legal practitioner to cross-examine the witness for the defendant, or make any other order the court considers necessary. (3) If the defendant does not wish to make such an arrangement, or if the defendant fails to notify the court of the name of a legal practitioner by the date specified: (a) the court must decide whether it is necessary in the interests of justice to appoint a legal practitioner to cross-examine the witness for the defendant; and (b) if the court decides that it is necessary – the court may appoint a legal practitioner (the appointed person) to cross- examine the witness for the defendant, or make any other order the court considers necessary. (4) If the defendant wishes to cross-examine a vulnerable witness, the defendant must put any question to the appointed person and the appointed person must put the question to the witness, unless the appointed person considers the question to be improper. Notes for subsection (4) 1 The appointed person need not use the exact same words as the defendant when putting a question.