New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 289U

289U Proceedings must be held in camera when complainant gives evidence

(1) Unless a court otherwise directs, the following parts of proceedings must be held in camera--

(a) parts in which evidence is given by a complainant,

(b) parts in which a recording of evidence of the complainant is heard by the court.

(2) The court may direct that a part of proceedings specified in subsection (1) be held in open court only--

(a) at the request of a party to the proceedings, and

(b) if the court is satisfied that--

(i) special reasons in the interests of justice require the part of the proceedings to be held in open court, or

(ii) the complainant consents to giving their evidence in open court.

(3) The principle that proceedings for an offence should generally be open or public in nature, or that justice should be seen to be done, does not of itself constitute special reasons in the interests of justice requiring the part of the proceedings to be held in open court.

(4) This section--

(a) applies to a complainant who--

(i) gives evidence in a way provided for by the other provisions of this Part, or

(ii) if the complainant is a vulnerable person--gives evidence in a way provided for by Part 6, and

(b) does not affect an entitlement of the complainant to--

(i) give evidence in a way provided for by the other provisions of this Part, or

(ii) have a support person present when giving evidence under section 306ZQ, or

(iii) if the complainant is a vulnerable person--give evidence in a way provided for by Part 6.