49EUse of communication link by Territory entity

49E Use of communication link by Territory entity (1) A Territory entity may direct that a person (whether or not a party to the proceeding) appear before, or give evidence or make a submission to, the entity by a communication link from any place within or outside the Territory (including outside Australia) that is Evidence Act 1939 23 outside the place where the entity is sitting. (2) The entity may give a direction under subsection (1) on its own initiative or on application by a party to the proceeding, and the direction may be subject to any conditions the entity considers appropriate. (3) A direction under subsection (1) may be given at any stage of a Example for subsection (3) A court may direct that an offender appear before the court by communication link for sentencing. (4) However, the entity must not give a direction under subsection (1) unless it is satisfied that the necessary facilities are available or can reasonably be made available. (5) Without limiting the matters to which the entity may have regard for giving a direction under subsection (1), the entity must have regard to the following matters, as appropriate: (a) the risk of endangering the personal security of a person, including any safety and welfare considerations involved in transporting a person; (b) the risk of an accused person escaping, or attempting to escape, from custody; (c) past behaviour of a person while appearing before an entity or while in custody; (d) the efficient use of available judicial and administrative resources; (e) any other matters that the entity considers appropriate. Examples for subsection (5)(e) 1 The ability of the defendant to comprehend the proceedings or access legal advice or representation or the assistance of an interpreter. 2 Any special needs of the defendant, including the impact of any intellectual or physical disability, mental illness or the need for a support person. (6) If the person who is to appear before the entity is an expert witness, or is a police officer giving corroborative evidence, the person is to appear by communication link unless: (a) the necessary facilities are not available and cannot reasonably be made available; or Evidence Act 1939 24 (b) the entity is of the view that it is in the interests of justice that the witness should appear before the entity in person. (7) The entity may at any time vary or revoke an order made under this Division, either on its own initiative or on application of a party to the proceeding. (8) A requirement by or under an Act that a person is to be present, or is to attend or be brought before a Territory entity is to be taken to be satisfied if the person is present, attends or is brought before the entity by way of a communication link in accordance with this Division.