sec.99Dealing with special witnesses

sec.99 Dealing with special witnesses

This section applies in relation to a special witness giving evidence at a hearing of a proceeding. The tribunal may make any of the following orders— that only particular persons may be present when the special witness gives evidence; that only particular persons may ask questions of the special witness; that the questioning of the special witness must be restricted to a stated time limit; that a particular person must be obscured from the view of the special witness while the special witness is giving evidence; that a particular person must be excluded from the place where the hearing is held while the special witness is giving evidence; that the special witness must give evidence in a place other than where the hearing is held and in the presence of only stated persons or with stated persons being excluded from the room; that a person, including, for example, a support person under section 91 , must be present while the special witness is giving evidence to give emotional support to the special witness; that an audiovisual record of the evidence given by the special witness be made and that the record be viewed and heard at the hearing instead of the special witness giving direct testimony at the hearing. The tribunal may make an order under subsection (2) on the application of a party to the proceeding or on its own initiative. In this section— relevant matter , for a person, means— the person’s age, education, level of understanding or cultural background; or the person’s relationship to a party to the proceeding; or the nature of the subject matter of the evidence; or another matter the tribunal considers relevant. special witness means a witness who is— a child; or another person who the tribunal considers would be likely, if the person were required to give evidence according to the tribunal’s usual practices and procedures, to— be disadvantaged as a witness because of the person’s mental, intellectual or physical impairment or a relevant matter; or suffer severe emotional trauma; or be so intimidated as to be disadvantaged as a witness. (sec.99-ssec.1) This section applies in relation to a special witness giving evidence at a hearing of a proceeding. (sec.99-ssec.2) The tribunal may make any of the following orders— that only particular persons may be present when the special witness gives evidence; that only particular persons may ask questions of the special witness; that the questioning of the special witness must be restricted to a stated time limit; that a particular person must be obscured from the view of the special witness while the special witness is giving evidence; that a particular person must be excluded from the place where the hearing is held while the special witness is giving evidence; that the special witness must give evidence in a place other than where the hearing is held and in the presence of only stated persons or with stated persons being excluded from the room; that a person, including, for example, a support person under section 91 , must be present while the special witness is giving evidence to give emotional support to the special witness; that an audiovisual record of the evidence given by the special witness be made and that the record be viewed and heard at the hearing instead of the special witness giving direct testimony at the hearing. (sec.99-ssec.3) The tribunal may make an order under subsection (2) on the application of a party to the proceeding or on its own initiative. (sec.99-ssec.4) In this section— relevant matter , for a person, means— the person’s age, education, level of understanding or cultural background; or the person’s relationship to a party to the proceeding; or the nature of the subject matter of the evidence; or another matter the tribunal considers relevant. special witness means a witness who is— a child; or another person who the tribunal considers would be likely, if the person were required to give evidence according to the tribunal’s usual practices and procedures, to— be disadvantaged as a witness because of the person’s mental, intellectual or physical impairment or a relevant matter; or suffer severe emotional trauma; or be so intimidated as to be disadvantaged as a witness.