Victorian Current Acts Victorian Current ActsS. 70(1) amended by No. 42/2014 s. 118.
(1) The following persons are protected witnesses for the purposes of a proceeding under this Act or a litigation restraint order proceeding—
(a) the affected family member or the protected person;
(b) a child;
(c) any family member of a party to the proceeding;
(d) any person declared under subsection (2) to be a protected witness for the proceeding.
(2) The court may at any time declare a person to be a protected witness if the court is satisfied the person—
(a) has a cognitive impairment; or
(b) otherwise needs the protection of the court.
(3) A protected witness must not be personally cross‑examined by the respondent unless—
(a) the protected witness is an adult; and
(b) the protected witness consents to being cross-examined by the respondent or, if the protected witness has a guardian, the protected witness' guardian has consented to the cross-examination; and
(c) if the protected witness has a cognitive impairment, the court is satisfied the protected witness understands the nature and consequences of giving consent and would be competent to give evidence; and
(d) the court decides that it would not have a harmful impact on the protected witness for the protected witness to be cross-examined by the respondent.
(4) If a respondent who is prohibited from
cross-examining a protected witness under subsection (3) is not legally
represented, the court must—
(a) inform the respondent that the respondent is not permitted personally to cross-examine a protected witness; and
(b) ask the respondent whether the respondent has sought to obtain legal representation for the cross-examination of a protected witness; and
(c) if satisfied the respondent has not had a reasonable opportunity to obtain legal representation, grant an adjournment on its own initiative or if requested by the respondent.