New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 306ZL

306ZL Vulnerable persons have a right to alternative arrangements for giving evidence when accused is unrepresented

(1) This section applies to a criminal proceeding in any court, or a civil proceeding arising from the commission of a personal assault offence, in which the accused or defendant is not represented by an Australian legal practitioner.

(2) A vulnerable person who is a witness (other than the accused or the defendant) in a proceeding to which this section applies is to be examined in chief, cross-examined or re-examined by a person appointed by the court instead of by the accused or the defendant.

(3) If any such person is appointed, that person is to ask the vulnerable person only the questions that the accused or the defendant requests the person to put to the vulnerable person.

(4) A person appointed under this section, when acting in the course of his or her appointment, must not independently give the accused or the defendant legal or other advice.

(5) The court may choose not to appoint such a person if the court considers that it is not in the interests of justice to do so.

(6) This section applies whether or not closed-circuit television facilities or other similar technology is used to give evidence, and whether or not alternative arrangements under section 306ZH are used in the proceedings.

(7) Anything done or omitted to be done by a person who--

(a) is appointed under this section, and

(b) is an Australian legal practitioner,

when acting in the course of the appointment or otherwise in accordance with this section does not, if the thing was done or omitted to be done in good faith, subject the person personally to any action, liability, claim or demand.