70Special rules for cross-examination of protected witnesses

70 Special rules for cross-examination of protected witnesses S. 70(1) amended by No. 42/2014 s. 118. (1) The following persons are ***protected witnesses*** for the purposes of a proceeding under this Act or a litigation restraint order proceeding— (a) the affected family member or the protected person; (b) a child; (c) any family member of a party to the proceeding; (d) any person declared under subsection (2) to be a protected witness for the proceeding. (2) The court may at any time declare a person to be a protected witness if the court is satisfied the person— (a) has a cognitive impairment; or (b) otherwise needs the protection of the court. (3) A protected witness must not be personally cross‑examined by the respondent unless— (a) the protected witness is an adult; and (b) the protected witness consents to being cross-examined by the respondent or, if the protected witness has a guardian, the protected witness' guardian has consented to the cross-examination; and (c) if the protected witness has a cognitive impairment, the court is satisfied the protected witness understands the nature and consequences of giving consent and would be competent to give evidence; and (d) the court decides that it would not have a harmful impact on the protected witness for the protected witness to be cross-examined by the respondent. (4) If a respondent who is prohibited from cross-examining a protected witness under subsection (3) is not legally represented, the court must— (a) inform the respondent that the respondent is not permitted personally to cross-examine a protected witness; and (b) ask the respondent whether the respondent has sought to obtain legal representation for the cross-examination of a protected witness; and (c) if satisfied the respondent has not had a reasonable opportunity to obtain legal representation, grant an adjournment on its own initiative or if requested by the respondent.