New South Wales Consolidated Acts

CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 41

41 Measures to protect children in proceedings

(1) This section applies to the following proceedings or part of proceedings-

(a) proceedings in which an apprehended violence order is sought or proposed to be made for the protection of a child,

(b) proceedings in relation to an application for the variation or revocation of an apprehended violence order if the protected person or one of the protected persons is a child,

(c) any part of proceedings in which an apprehended violence order is sought or proposed to be made in which a child appears as a witness,

(d) any part of proceedings in relation to an application for the variation or revocation of an apprehended violence order in which a child appears as a witness,

(e) any part of proceedings under Part 13B for the variation or revocation of a recognised non-local DVO or for a declaration that a DVO is a recognised DVO in which a child appears as a witness,

(f) proceedings in which an apprehended violence order is sought or proposed to be made against a child,

(g) proceedings in relation to an application for the variation or revocation of an apprehended violence order made against a child.

(2) Proceedings or any part of proceedings to which this section applies are to be heard in the absence of the public unless the court hearing the proceedings otherwise directs.

(3) Even if proceedings or a part of proceedings to which this section applies are open to the public, the court hearing the proceedings may direct any person (other than a person who is directly interested in the proceedings) to leave the place where the proceedings are being heard during the examination of any witness.

(4) In any proceedings referred to in subsection (1)(a), (b), (c) or (d), a child should not be required to give evidence in any manner about a matter unless the court is of the opinion that it is in the interests of justice for the child to do so.

(5) If a child is required to give evidence under this section, the evidence should be required to be given only in accordance with Divisions 3 and 4 of Part 6 of Chapter 6 of the Criminal Procedure Act 1986 .

(6) For the purposes of subsection (5), Division 3 of Part 6 of Chapter 6 of the Criminal Procedure Act 1986 applies to proceedings in relation to an application for an apprehended violence order, or a variation or revocation of such an order, in the same way as it applies to criminal proceedings.