Part 71 Evidence of witnesses with disabilities or vulnerabilities

Part 7.1 Evidence of witnesses with disabilities or vulnerabilities (3) In deciding whether to order that the court be closed to the public, the court must consider whether— (a) the witness wants to give evidence in open court; and (b) it is in the interests of justice that the witness give evidence in open court. (4) However, an order under this section does not stop the following people from being in court when the witness gives evidence: (a) a person nominated by the witness; (b) a person who attends the proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer. Note Publishing certain information in relation to sexual offence proceedings is an offence (see s 74). (5) In this section, a reference to a person giving evidence includes the person giving evidence by the playing of an audiovisual recording of the evidence at a hearing under division 4.3.3 (Special requirements—audiovisual recording of police interview) or division 4.3.4 (Giving evidence at pre-trial hearing).