Queensland Consolidated Acts

DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 151

151 Restriction on cross-examination in person

(1) This section applies if—

(a) a protected witness gives evidence in a proceeding under this Act; and

(b) a respondent in the proceeding wishes to cross-examine the protected witness; and

(c) the respondent is not represented by a lawyer.

Note—

See the Evidence Act 1977 , part 2 , division 6 in relation to the cross-examination of protected witnesses in proceedings for an offence against this Act.

(2) The court, on its own initiative or on the application of a party to the proceeding, may order that the respondent may not cross-examine the protected witness in person if the court is satisfied that the cross-examination is likely to cause the protected witness to—

(a) suffer emotional harm or distress; or

(b) be so intimidated as to be disadvantaged as a witness.

(3) However, if the protected witness is a child, the court must make an order that the respondent may not cross-examine the protected witness in person.

(4) If the court makes an order under this section, the court must—

(a) inform the respondent that the respondent may not cross-examine the protected witness in person; and

(b) require the respondent to advise the court by a stated date or time whether the respondent—

(i) has arranged for a lawyer to act for the respondent; or

(ii) has arranged for a lawyer to act for the respondent for cross-examination of the protected witness; or

(iii) has decided not to cross-examine the protected witness.