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Evidence (Miscellaneous Provisions) Act 1991
101Child or witness with disability may have support person
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101 Child or witness with disability may have support person
in court
(1) This section applies to any of the following people (a witness) giving
evidence in a proceeding:
(a) a child;
(b) a witness with a disability.
(2) The court must, on application by a party that intends to call a witness,
order that, while the witness gives evidence, the witness have a person
(a support person) in the court who is—
(a) for a witness with a vision impairment—close enough to the
witness for the court to be satisfied that the witness is aware of
the person’s presence; or
(b) for any other witness—close to the witness and within the
witness’s sight.
(3) The court may order that a witness have more than 1 support person
if it considers it is in the interests of justice.
Evidence of witnesses with disabilities or vulnerabilities Part 7.1
(4) The support person must not—
(a) speak for the witness during the proceeding; or
(b) otherwise interfere in the proceeding.
(5) Unless the court otherwise orders, the support person must not be, or
be likely to be, a witness or party in the proceeding.
(6) If the proceeding is a trial by jury, the court must tell the jury that—
(a) a witness having a support person in the court while giving
evidence is a usual practice; and
or give the evidence more or less weight, because the support
person is present.