42EAppearance, etc. by audio visual link or audio link

42E Appearance, etc. by audio visual link or audio link (1) Subject to section 42F and to any rules of court, a court may, on its own initiative or on the application of a party to the legal proceeding, direct that a person may appear before, or give evidence or make a submission to, the court by audio visual link or audio link from any place within or outside Victoria, or outside Australia, that is outside the courtroom or other place where the court is sitting. (2) A court must not make a direction under subsection (1) unless it is satisfied that the technical requirements specified in section 42G are met, or can reasonably be met, in the case of the particular link. (3) The court may, at any time in the course of a proceeding, vary or revoke a direction under subsection (1) either on its own initiative or on the application of a party to the proceeding. (4) Without limiting subsection (3), circumstances in which a court may vary or revoke a direction under subsection (1) include the failure of the link to which the direction relates. (5) Each party to a proceeding may address the court in respect of the making, variation or revocation of a direction under subsection (1). S. 42E(6) inserted by No. 11/2021 s. 5. (6) The exercise of the power conferred on a court to make a direction referred to in subsection (1) is subject to any practice directions. S. 42F inserted by No. 4/1997