4LRestriction on children being called as witnesses or present in court

4L Restriction on children being called as witnesses or present in court S. 4L(1) amended by Nos 52/2008 s. 253(3), 53/2016 s. 106(1), 33/2018 ss 37(3), 44(4). (1) A child must not be present during, or called as a witness in, proceedings in the Specialist Family Violence Court Division, other than proceedings for a family violence intervention order or a proceeding relating to a recognised DVO, if— (a) the child is a family member of a party to the proceedings; or (b) the proceedings arise from or include allegations of family violence and the child is a family member of the alleged victim of that family violence. (2) However, subsection (1) does not apply if— S. 4L(2)(a) amended by No. 68/2009 s. 97(Sch. item 82.13). (a) the child is the accused, defendant or respondent (within the meaning of the **Family Violence Protection Act 2008**) in the proceedings; or S. 4L(2)(b) amended by No. 33/2018 ss 37(3), 44(4). (b) the Specialist Family Violence Court Division makes an order allowing the child to be present or called as a witness (as the case may be). S. 4L(3) inserted by No. 53/2016 s. 106(2). (3) For the purposes of subsection (1), a proceeding relating to a recognised DVO is a proceeding for the variation, extension or revocation of a non-local DVO that is a recognised DVO, both within the meaning of the **National Domestic Violence Order Scheme Act 2016**. Note to s. 4L substituted by No. 52/2008 s. 253(4). Sections 67 and 150 of the **Family Violence Protection Act 2008** restricts when a child can be present during, or called as a witness in, a proceeding for a family violence intervention order. S. 4M inserted by No. 51/2006 s. 4.