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