Evidence (Miscellaneous Provisions) Act 1991
Part 1BWitness intermediaries—criminal
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Chapter 1B Witness intermediaries—criminal 4AG Definitions 7 4AH Panel of witness intermediaries 7 4AI Functions of witness intermediaries 8 4AJ Appointment of witness intermediary—generally 8 4AK Appointment of witness intermediary—prescribed witnesses 9 4AL Appointment of witness intermediary—suitability of the intermediary for the witness etc 10 4AM Witness to give evidence in presence of intermediary 11 4AN Relationship to other provisions of this Act 11 4A Principles for dealing with child witnesses 12 5 Definitions—pt 2.2 13 6 Meaning of give evidence in a proceeding by audiovisual link—pt 2.2 13 7 Sworn or unsworn evidence 13 8 Proceedings to which pt 2.2 applies 14 9 Child giving evidence by audiovisual link 14 10 Representation of child 15 11 Consequential orders—pt 2.2 15 12 Making of orders—pt 2.2 16 13 Jury warning about inferences from child giving evidence by audiovisual link 17 14 Failure to comply with pt 2.2 17 15 Child turns 18 during proceeding 17
Page contents 3 16 Definitions—ch 3 18 17 Application—ch 3 19 18 Operation of other Acts 19 Part 3.2 Use of audiovisual links or audio links with participating States in ACT proceedings 19 Application—pt 3.2 20 20 Territory courts may take evidence and submissions from participating States 20 21 Legal practitioners entitled to practise 21 Part 3.3 Use of interstate audiovisual links or audio links in proceedings in participating States 22 Application—pt 3.3 22 23 Recognised courts may take evidence or receive submissions from people in ACT 22 24 Powers of recognised courts 22 25 Orders made by recognised court 23 26 Enforcement of order 23 27 Privileges, protection and immunity of participants in proceedings in courts of participating States 23 28 Recognised court may administer oath in ACT 24 29 Assistance to recognised court 24 Part 3.4 Use of audiovisual links or audio links with other places in ACT proceedings 31 Application—pt 3.4 25 32 Territory courts may take evidence and submissions from another place 25 Part 3.5 Protection of certain communications and documents in criminal proceedings 33 Application—pt 3.5 27
Page contents 4 Evidence (Miscellaneous Provisions) Act 1991 34 Protection of confidentiality 27 35 Application of Listening Devices Act 27 35A Application—pt 3.6 29 35B Administration of oaths and affirmations by audiovisual or audio link 29 35C Putting documents to person by audiovisual or audio link 30 35D Premises to be considered part of territory court 30 36 Power to order payment of costs 31 Chapter 4 Sexual, violent and family violence offence 37 Meaning of proceeding—pt 4.1 32 38 Meaning of family violence offence proceeding—ch 4 32 38A Meaning of family violence offence—ch 4 32 39 Meaning of less serious violent offence proceeding—ch 4 33 40 Meaning of serious violent offence proceeding—ch 4 34 41 Meaning of sexual offence proceeding—ch 4 35 41A References to accused people—sexual offence proceedings under Work Health and Safety Act 2011 36 Part 4.2 What special requirements apply to particular 42 Definitions—pt 4.2 37 43 Special requirements—particular proceedings 39 44 Court may inform itself about particular witnesses 44 45 Failure to comply with ch 4 44 Division 4.3.1 Preliminary—pt 4.3 46 Definitions—pt 4.3 45 47 Accused may be screened from witness in court 45