New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 291A

291A Other parts of proceedings may be heard in camera

(1) The court may direct that any other part of any proceedings in respect of a prescribed sexual offence, or the entire proceedings, be held in camera.

(2) The court may make a direction under this section on its own motion or at the request of any party to the proceedings.

(3) In determining whether to make a direction under this section, the court is to consider the following matters--

(a) the need of the complainant to have any person excluded from those proceedings,

(b) the need of the complainant to have any person present in those proceedings,

(c) the interests of justice,

(d) any other matter that the court thinks relevant.

(4) The requirement under section 291 that any part of the proceedings in which evidence is given by a complainant be held in camera unless the court otherwise directs still applies whether or not a direction is made under this section.

(5) If the court makes a direction under this section, it may (either absolutely or subject to conditions) exempt any person from that direction to the extent necessary to allow that person to be present as a support for a person giving evidence or for any other purpose that the court thinks fit.

(6) This section does not affect--

(a) the entitlement of a complainant to have a person or persons present when giving evidence under section 294C, or

(b) the entitlement of a vulnerable person to have a person present when giving evidence under section 306ZK.