7JUse of witness intermediary

7J Use of witness intermediary

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

(1)  A judge is to make an order that a witness intermediary be used in respect of a witness in a specified proceeding if, having considered an assessment report provided in respect of that witness, the judge is satisfied that the use of a witness intermediary in respect of the witness will assist the proceeding.

(1A)  [Section 7J Subsection (1A) inserted by No. 2 of 2023, s. 32, Applied:20 Apr 2023] A judge may, at any time, make an order that a witness intermediary be used in respect of a witness in a specified proceeding if –

(a) that witness is a witness referred to in section 7I(1)(a) , (b) , (c) or (d) ; and

(b) the judge is satisfied that it is in the interests of justice.

(1B)  [Section 7J Subsection (1B) inserted by No. 2 of 2023, s. 32, Applied:20 Apr 2023] Without limiting the matters that may be taken into account in determining the interests of justice under subsection (1A) , the judge is to take into account whether the witness does or does not wish the order to be made.

(2)  [Section 7J Subsection (2) amended by No. 2 of 2023, s. 32, Applied:20 Apr 2023] If a judge makes an order under subsection (1) or (1A) , a witness intermediary is to be present when the witness gives evidence in the specified proceeding.

(3)  [Section 7J Subsection (3) inserted by No. 2 of 2023, s. 32, Applied:20 Apr 2023] For the avoidance of doubt, a judge may make an order under subsection (1A) in respect of a witness regardless of whether or not an assessment report has been provided to the judge in respect of that witness.

(4)  An order made under this section is not subject to review or appeal.