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Evidence (Miscellaneous Provisions) Act 1991
43Special requirements—particular proceedings
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43 Special requirements—particular proceedings
A provision mentioned in column 3 of a table in this section, for a
particular proceeding, applies to the kind of witness mentioned in
column 2 of the table for the proceeding.
Note 1 An intellectually impaired witness may also be a witness with disability
if the witness’s impairment affects the witness’s ability to give evidence
(see s 42, def witness with disability).
Note 2 Section 101 (Child or witness with disability may have support person in
court) also applies to a child or witness with disability in other
proceedings.
Note 3 The court may also appoint an intermediary for a witness (see s 4AJ and
s 4AK).
Table 43.1 Family violence offence proceeding
item
• for a complainant who is intellectually impaired—
div 4.3.3 (Special requirements—audiovisual
• div 4.3.5 (Giving evidence by audiovisual link) other
than s 69 (Recording evidence given by audiovisual
link or in courtroom)
• div 4.4.3 (Sexual and family violence offence
proceedings—protection of counselling
communications)
• for a complainant who is not intellectually impaired
or a child on the day recorded evidence is taken—
pt 4.5 (Special requirements—family violence
offence proceedings)
• div 4.3.5 (Giving evidence by audiovisual link) other
than s 69 (Recording evidence given by audiovisual
link or in courtroom)
Table 43.2 Less serious violent offence proceeding
item
1 complainant • for a vulnerable adult—div 4.3.2 (Special
requirements—general)
• for a vulnerable adult—div 4.3.5 (Giving evidence
by audiovisual link) other than s 69 (Recording
evidence given by audiovisual link or in courtroom)
2 similar act witness • for a vulnerable adult—div 4.3.2 (Special
requirements—general)
• for a vulnerable adult—div 4.3.5 (Giving evidence
by audiovisual link) other than s 69 (Recording
evidence given by audiovisual link or in courtroom)
Table 43.3 Serious violent offence proceeding
item
item
• for a proceeding involving the death of a close friend
or family member of the witness—div 4.3.4 (Giving
evidence at pre-trial hearing)
6 special relationship
• s 48 (No examination of witness by self-represented
accused person)
Table 43.4 Sexual offence proceeding
item
• for a vulnerable adult—div 4.3.4 (Giving evidence at
pre-trial hearing)
• pt 4.4 (Special requirements—sexual offence
proceedings)
• for a vulnerable adult—div 4.3.4 (Giving evidence at
pre-trial hearing)
• pt 4.4 (Special requirements—sexual offence
proceedings)
6 special relationship