New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 294M

294M Appointment of witness intermediaries

(1) The Secretary of the Department in which this Act is administered must establish a panel of persons who are suitable persons to be appointed as witness intermediaries.

(2) A person must not be included on the panel unless the person has--

(a) a tertiary qualification in psychology, social work, speech pathology, teaching or occupational therapy, or

(b) other qualifications, training, experience or skills prescribed by the regulations.

(3) For proceedings to which this division applies, the Court--

(a) must appoint a witness intermediary for a witness who is less than 16 years of age, and

(b) may, on its own motion or on the application of a party to the proceedings, appoint a witness intermediary for a witness who is 16 or more years of age if satisfied the witness has difficulty communicating.

(4) Despite subsection (3)(a), the Court is not required to appoint a witness intermediary if the Court is satisfied--

(a) there is no person on the panel available to meet the needs of the witness, or

(b) it is otherwise not practical to appoint a witness intermediary, or

(c) it is unnecessary or inappropriate to appoint a witness intermediary, or

(d) it is not otherwise in the interests of justice to appoint a witness intermediary.

(5) A person must not be appointed as a witness intermediary for a witness if the person--

(a) is a relative, friend or acquaintance of the witness, or

(b) has assisted the witness in a professional capacity, other than as a witness intermediary, or

(c) is a party to or a potential witness in the proceedings.

(6) Subsection (5)(b) does not prevent the person from being appointed as a witness intermediary for the witness--

(a) if the Court, in the interests of justice and on its own motion or on the application of a party, appoints the person as a witness intermediary for the witness, or

(b) merely because the person carries out the functions of a witness intermediary for the witness during a criminal investigation that takes place before or after the commencement of proceedings.

(7) The witness intermediary appointed for a witness must, if asked by the Court, give the Court a written report about the communication needs of the witness.

(8) A copy of the report must be given to the parties to the proceedings before the witness gives evidence in the proceedings.