Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 150

Protected witnesses

150 Protected witnesses

(1) This section applies when any of the following persons (each a
"protected witness" ) is to give, or is giving, evidence in a proceeding under this Act—
(a) the aggrieved;
(b) a child;
(c) a relative or associate of the aggrieved who is named in the application that relates to the proceeding.
(2) The court must consider whether to make any of the following orders—
(a) that the protected witness give evidence outside the courtroom and the evidence be transmitted to the courtroom by means of an audio visual link;
(b) that the protected witness give evidence outside the courtroom and an audio visual record of the evidence be made and replayed in the courtroom;
(c) while the protected witness is giving evidence, that a screen, one-way glass or other thing be placed so the protected witness can not see the respondent;
(d) while the protected witness is giving evidence, that the respondent be held in a room apart from the courtroom and the evidence be transmitted to that room by means of an audio visual link;
(e) that the protected witness be accompanied by a person approved by the court for the purpose of providing emotional support;
(f) if the protected witness has a physical or mental disability—that the protected witness gives evidence in a particular way specified by the court that will, in the court’s opinion, minimise the protected witness’s distress;
(g) any other alternative arrangement the court considers appropriate.
(3) However, if the protected witness is a child, the court must make at least 1 of the orders mentioned in subsection (2) (a) , (b) , (c) or (d) .
(4) Any place outside the courtroom where a protected witness is permitted to give evidence under this section is taken to be part of the courtroom while the witness is there for the purpose of giving evidence.



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