sec.21MMeaning of protected witness

### sec.21M Meaning of protected witness For this division, each of the following persons is a protected witness — a witness under 16 years; a witness who is a person with an impairment of the mind; for a proceeding for a domestic violence offence or prescribed special offence, an alleged victim of the offence; for a proceeding for a prescribed offence, an alleged victim of the offence who the court considers would be likely to be disadvantaged as a witness, or to suffer severe emotional trauma, unless treated as a protected witness; for a proceeding for a domestic violence order-related offence, a person who— is named as the aggrieved, or a relative or associate of the aggrieved, in the domestic violence order; and the court considers would be likely to be disadvantaged as a witness, or to suffer severe emotional trauma, unless treated as a protected witness. It does not matter whether the proceeding mentioned in subsection (1) (c) or (d) relates also to another offence that is not a domestic violence offence, a prescribed special offence or a prescribed offence. In this section— alleged victim of an offence means a person, other than the person charged, who is— alleged to be a person in relation to whom the offence was committed; or alleged to have been subject to violence in relation to the offence. domestic violence order-related offence , in relation to a domestic violence order, means— an offence for the contravention of the domestic violence order under the Domestic and Family Violence Protection Act 2012 , section 177 (2) ; or an offence for an act or omission that also constitutes an offence mentioned in paragraph (a) . prescribed offence means an offence defined in the Criminal Code , section 75 , 122 , 127 , 206 , 229BB , 229BC , 308 , 309 , 319A , 323 , 335 , 338A , 339 , 340 , 346 , 354 , 354A , 355 , 359 , 413 , 414 , 415 , 417A or 419 . prescribed special offence means an offence defined in the Criminal Code , section 210 , 213 , 215 , 216 , 217 , 218 , 219 , 221 , 222 , 227 , 229B , 306 , 313 , 315 , 315A , 316 , 317 , 320 , 320A , 322 , 323A , 323B , 324 , 359E , 363 , 363A , 364 , 409 or 412 or chapter 32 . violence means— an assault on, or injury to, a person; or a threat of an assault on, or an injury to, a person. s 21M ins 2000 No. 43 s 47 amd 2008 No. 55 s 150 sch ; 2016 No. 50 s 40 sch 1 ; 2017 No. 41 s 18 ; 2018 No. 23 s 30 ; 2019 No. 15 s 7 ; 2020 No. 32 s 45 ; 2023 No. 1 s 60 (sec.21M-ssec.1) For this division, each of the following persons is a protected witness — a witness under 16 years; a witness who is a person with an impairment of the mind; for a proceeding for a domestic violence offence or prescribed special offence, an alleged victim of the offence; for a proceeding for a prescribed offence, an alleged victim of the offence who the court considers would be likely to be disadvantaged as a witness, or to suffer severe emotional trauma, unless treated as a protected witness; for a proceeding for a domestic violence order-related offence, a person who— is named as the aggrieved, or a relative or associate of the aggrieved, in the domestic violence order; and the court considers would be likely to be disadvantaged as a witness, or to suffer severe emotional trauma, unless treated as a protected witness. (sec.21M-ssec.2) It does not matter whether the proceeding mentioned in subsection (1) (c) or (d) relates also to another offence that is not a domestic violence offence, a prescribed special offence or a prescribed offence. (sec.21M-ssec.3) In this section— alleged victim of an offence means a person, other than the person charged, who is— alleged to be a person in relation to whom the offence was committed; or alleged to have been subject to violence in relation to the offence. domestic violence order-related offence , in relation to a domestic violence order, means— an offence for the contravention of the domestic violence order under the Domestic and Family Violence Protection Act 2012 , section 177 (2) ; or an offence for an act or omission that also constitutes an offence mentioned in paragraph (a) . prescribed offence means an offence defined in the Criminal Code , section 75 , 122 , 127 , 206 , 229BB , 229BC , 308 , 309 , 319A , 323 , 335 , 338A , 339 , 340 , 346 , 354 , 354A , 355 , 359 , 413 , 414 , 415 , 417A or 419 . prescribed special offence means an offence defined in the Criminal Code , section 210 , 213 , 215 , 216 , 217 , 218 , 219 , 221 , 222 , 227 , 229B , 306 , 313 , 315 , 315A , 316 , 317 , 320 , 320A , 322 , 323A , 323B , 324 , 359E , 363 , 363A , 364 , 409 or 412 or chapter 32 . violence means— an assault on, or injury to, a person; or a threat of an assault on, or an injury to, a person. - (a) a witness under 16 years; - (b) a witness who is a person with an impairment of the mind; - (c) for a proceeding for a domestic violence offence or prescribed special offence, an alleged victim of the offence; - (d) for a proceeding for a prescribed offence, an alleged victim of the offence who the court considers would be likely to be disadvantaged as a witness, or to suffer severe emotional trauma, unless treated as a protected witness; - (e) for a proceeding for a domestic violence order-related offence, a person who— (i) is named as the aggrieved, or a relative or associate of the aggrieved, in the domestic violence order; and (ii) the court considers would be likely to be disadvantaged as a witness, or to suffer severe emotional trauma, unless treated as a protected witness. - (i) is named as the aggrieved, or a relative or associate of the aggrieved, in the domestic violence order; and - (ii) the court considers would be likely to be disadvantaged as a witness, or to suffer severe emotional trauma, unless treated as a protected witness. - (i) is named as the aggrieved, or a relative or associate of the aggrieved, in the domestic violence order; and - (ii) the court considers would be likely to be disadvantaged as a witness, or to suffer severe emotional trauma, unless treated as a protected witness. - (a) alleged to be a person in relation to whom the offence was committed; or - (b) alleged to have been subject to violence in relation to the offence. - (a) an offence for the contravention of the domestic violence order under the Domestic and Family Violence Protection Act 2012 , section 177 (2) ; or - (b) an offence for an act or omission that also constitutes an offence mentioned in paragraph (a) . - (a) an assault on, or injury to, a person; or - (b) a threat of an assault on, or an injury to, a person.