73BAlternative arrangements for giving evidence

73B Alternative arrangements for giving evidence

(1) The Tribunal may direct that any of the following alternative arrangements be made for the giving of evidence by a witness in a proceeding under the Residential Tenancies Act 1997—

(a) permitting the evidence to be given from a place other than the hearing room by means of closed circuit television or other facilities that enable communication between that place and the hearing room;

(b) using screens to remove a party from the witness's direct line of vision;

(c) permitting a person to be beside the witness while the witness is giving evidence for the purpose of providing emotional support to the witness;

Sch. 1 cl. 73B(1)(d) amended by No. 17/2014 s. 160(Sch. 2 item 105.10(b)).

(d) requiring Australian lawyers to be seated while examining or cross‑examining the witness;

(e) permitting only persons specified by the Tribunal to be present while the witness is giving evidence;

(f) any other alternative arrangements the Tribunal considers appropriate.

(2) If the witness is 18 years of age or over, the Tribunal may make a direction under subclause (1) on its own initiative or on the application of a party to the proceeding.

(3) If the witness is under 18 years of age, the Tribunal must make a direction under subclause (1) unless it considers it is not appropriate to do so having regard to—

(a) the wishes expressed by the witness; and

(b) the age and maturity of the witness; and

(c) any other matters that the Tribunal considers relevant.

(4) The Tribunal may hear an application under subclause (2), or ascertain the matters in subclause (3), in camera and, except as otherwise directed by the Tribunal, persons who are not parties to the proceeding or their representatives are not permitted to be present while the hearing takes place or the matters are being ascertained.

(5) Any place outside the hearing room where a witness is permitted to give evidence under this section is to be taken to be part of the hearing room while the witness is there for the purpose of giving evidence.

(6) The Tribunal may at any time in the course of the proceeding vary or revoke a direction made under subclause (1) on its own initiative or on the application of a party to the proceeding.

(7) In this section—

hearing room means the room in which the hearing for the proceeding is being conducted.

74 Evidence before Tribunal cannot be used in criminal proceedings

Evidence before the Tribunal in a proceeding under the cannot be used in criminal proceedings except proceedings for an offence against this Act or the or for perjury.