65Affected persons at preliminary proceedings

### 65 Affected persons at preliminary proceedings > *\[Section 65 Repealed by No. 10 of 1994, s. 7 and Sched. 2 \]* > > > (1)  If a witness to be examined as part of preliminary proceedings is an affected person, the witness is to give evidence by audio visual link unless – > > > > > > (a) the witness requests otherwise; or > > > > > > > (b) an order has been made under [section 7](/view/html/inforce/2026-04-12/act-2001-079#GS7@EN) of the [Evidence (Children and Special Witnesses) Act 2001](/view/html/inforce/2026-04-12/act-2001-079) in respect of the affected person in relation to proceedings to which the preliminary proceedings relate. > > > (2)  An affected person may only – > > > > > > (a) be examined on matters specified in the preliminary proceedings order in accordance with the conditions and limitations specified in that order; and > > > > > > > (b) be examined on matters not provided for in the preliminary proceedings order if the magistrate, or justice, conducting the proceedings is satisfied that – > > > > > > > > > > (i) to do so would not conflict with the preliminary proceedings order; and > > > > > > > > > > > (ii) exceptional circumstances exist; and > > > > > > > > > > > (iii) it is necessary to do so in the interests of justice. > > > (3)  A decision under [subsection (2)(b)](#GS65@Gs2@Hpb@EN) to allow the examination of an affected person on matters not provided for in the preliminary proceedings order is final and is not subject to appeal or other review. > > > (4)  For the avoidance of doubt, if the [Evidence (Children and Special Witnesses) Act 2001](/view/html/inforce/2026-04-12/act-2001-079) applies to an affected person under this Division, the provisions of this Division are in addition to and do not derogate from the requirements of that Act.