Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 15YV

Application by prosecutor

  (1)   In a proceeding, the court must:

  (a)   direct; or

  (b)   by order, allow;

a witness to give evidence by video link if:

  (c)   both:

  (i)   the prosecutor applies for the direction or order; and

  (ii)   the court is satisfied that the prosecutor gave the court reasonable notice of his or her intention to make the application; and

  (d)   the witness is not a defendant in the proceeding; and

  (e)   the witness is available, or will reasonably be available, to give evidence by video link; and

  (f)   the facilities required by section   15YY are available or can reasonably be made available;

unless the court is satisfied that giving the direction or making the order would have a substantial adverse effect on the right of a defendant in the proceeding to receive a fair hearing.

Application by defendant

  (2)   In a proceeding, the court must:

  (a)   direct; or

  (b)   by order, allow;

a witness to give evidence by video link if:

  (c)   both:

  (i)   a defendant in the proceeding applies for the direction or order; and

  (ii)   the court is satisfied that the defendant gave the court reasonable notice of his or her intention to make the application; and

  (d)   the witness is not a defendant in the proceeding; and

  (e)   the witness is available, or will reasonably be available, to give evidence by video link; and

  (f)   the facilities required by section   15YY are available or can reasonably be made available;

unless the court is satisfied that it would be inconsistent with the interests of justice for the evidence to be given by video link.