New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 306ZB

306ZB Vulnerable persons have a right to give evidence by closed-circuit television

(1) Subject to this Part, a vulnerable person who gives evidence in any proceeding to which this Division applies is entitled to give that evidence by means of closed-circuit television facilities or by means of any other similar technology prescribed for the purposes of this section.

(2) Subject to subsections (4) and (5), a child who is 16 or more but less than 18 years of age at the time evidence is given in a proceeding to which this Division applies is entitled to give the evidence as referred to in subsection (1) if the child was under 16 years of age when the charge for the personal assault offence to which the proceedings relate was laid.

(3) A vulnerable person may choose not to give evidence by the means referred to in subsection (1).

(4) A vulnerable person must not give evidence by means of closed-circuit television facilities or any other prescribed technology if the court orders that such means not be used.

(5) The court may only make such an order if it is satisfied that there are special reasons, in the interests of justice, for the vulnerable person's evidence not to be given by such means.

(6) This section does not apply to a vulnerable person--

(a) who is the accused or defendant in any proceeding referred to in section 306ZA (a), (b) or (c), or

(b) who is or was accused of committing the offence that gave rise to a proceeding referred to in section 306ZA (d).

(7) Nothing in this section affects the operation of section 13 of the Evidence Act 1995 .