Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 44E

44E .         Use of closed circuit television or screening arrangements

        (1)         A court may make arrangements under this section in any proceedings under this Act if it is of the opinion that, if those arrangements are not made, a party to the proceedings or a witness would be likely —

            (a)         to be unable to give evidence, or to give evidence satisfactorily; or

            (b)         to suffer severe emotional trauma or be unnecessarily intimidated or distressed.

        (2)         In acting under this section, the court may make such arrangements as it thinks fit, including by using closed circuit television or screens, one-way glass or other suitable shielding devices.

        (3)         When considering whether to make arrangements under this section in respect of a person, the court may have regard to —

            (a)         the person’s age; and

            (b)         the person’s cultural background; and

            (c)         any physical disability or mental impairment (as defined in the Criminal Law (Mentally Impaired Accused) Act 1996 section 8) of the person; and

            (d)         the relationship of the person to any other person involved in the proceedings; and

            (e)         the effect on the person of the presence of another person; and

            (f)         the nature of the subject-matter of the proceedings; and

            (g)         the expressed views of the person; and

            (h)         any other factor the court considers relevant.

        (4)         When making arrangements under this section, the court must ensure that —

            (a)         the judicial officer and all parties to the matter (or their counsel, if any) are able to see, hear and speak to each witness while the witness is giving evidence; and

            (b)         each party to the matter has the means of communicating with their counsel at all times; and

            (c)         if a person takes part in the proceedings from outside the court room, the person is able to see, hear and speak to the judicial officer at all times.

        (5)         The court may make arrangements under this section —

            (a)         on the application of a party to the proceedings, at the request of a witness, or of its own motion; and

            (b)         at any stage of proceedings.

        (6)         Whenever a matter relating to an FVRO or VRO comes before a court, the court must consider whether it ought to make arrangements under this section.

        (7)         If a court considers that arrangements ought to be made under this section but the necessary facilities are not available, the court may transfer the matter to another court where those facilities are available if to do so is practicable and will not unfairly prejudice any party in the proceedings.

        [Section 44E inserted: No. 30 of 2020 s. 67.]