35Examination to be held in private

35 Examination to be held in private (1) An examination must be held in private and the Chief Examiner may give directions as to the persons who may be present during the examination or a part of the examination. (2) Nothing in a direction given by the Chief Examiner under subsection (1) prevents the presence, when evidence is being taken at an examination before the Chief Examiner, of a legal practitioner representing the witness, an interpreter in accordance with section 34(2) or a parent or guardian of the witness or an independent person in accordance with section 34(3) or (4). (3) If an examination before the Chief Examiner is being held, a person must not be present at the examination unless he or she is entitled to be present by reason of a direction given by the Chief Examiner under subsection (1) or is otherwise authorised by the Chief Examiner to be present. (4) A person who is present at an examination in contravention of subsection (3) is guilty of an indictable offence and liable to level 6 imprisonment (5 years maximum). S. 35A inserted by No. 69/2009 s. 54(Sch. Pt 1 item 35).