63Examination of affected person by self-represented

63 Examination of affected person by self-represented respondent (1) This section applies if in a proceeding for a family violence order a respondent is not represented by a lawyer. (2) An affected person must not be examined personally by the (3) The court must, as soon as practicable, tell the respondent— (a) about this section; and (b) that the respondent may not present evidence from another witness in relation to a fact in issue (the contested fact) to contradict the evidence of the affected person in relation to the contested fact if the other witness’s contradictory evidence has not been put to the affected person in cross-examination. (4) The court may— (a) appoint a person to examine an affected person on the respondent’s behalf; or

(b) if the court considers it is in the interests of justice, do 1 or more of the following: (i) adjourn the proceeding to enable the respondent to get a lawyer to conduct the examination; (ii) make— (A) an order that the person get a lawyer; and (B) any other order the court considers necessary to get a lawyer for the person. (5) A person appointed by the court for subsection (4) (a) may ask the witness only the questions that the respondent asks the person to put to the affected person, and must not independently give the respondent legal or other advice. Note If the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see Evidence Act 2011, s 41 (1) (Improper questions)). examine includes cross-examine and re-examine.