7HFunctions of witness intermediary

7H Functions of witness intermediary

[Section 7H Inserted by No. 26 of 2020, s. 12, Applied:01 Mar 2021]

(1)  The functions of a witness intermediary, in respect of a witness, are to –

(a) assess the witness’s communication and other related needs and to prepare and provide an assessment report about those communication and other related needs, as required under section 7I ; and

(b) provide recommendations during a specified proceeding to the judge, and any lawyer appearing in the proceeding, as to adjustments to be made in the proceeding to enable the most effective communication with the witness; and

(c) otherwise provide assistance during a specified proceeding to the judge, and any lawyer appearing in the proceeding, in relation to communication with the witness; and

(d) perform any other function that a judge in a specified proceeding considers is in the interests of justice.

(2)  A witness intermediary must act impartially in performing the witness intermediary’s functions under this Part.

(3)  [Section 7H Subsection (3) substituted by No. 2 of 2023, s. 30, Applied:20 Apr 2023] Subject to subsection (4) , a person must take an oath, or make an affirmation, in accordance with Schedule 1 before acting as a witness intermediary in a proceeding.

(4)  [Section 7H Subsection (4) inserted by No. 2 of 2023, s. 30, Applied:20 Apr 2023] A witness intermediary is not required to take an oath, or make an affirmation, before –

(a) preparing and providing an assessment report about a witness’s communication and other related needs; or

(b) attending a ground rules hearing.