New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 306ZK

306ZK Vulnerable persons have a right to presence of a support person while giving evidence

(1) This section applies to--

(a) a criminal proceeding in any court, and

(b) a civil proceeding arising from the commission of a personal assault offence, and

(c) apprehended violence order proceedings, and

(d) a proceeding before the Civil and Administrative Tribunal in respect of the hearing of a matter arising from the commission of a personal assault offence that is the subject of an application to it under the Victims Rights and Support Act 2013 , and

(e) a proceeding in relation to an application for a child protection prohibition order or to vary or revoke any such order.

(2) A vulnerable person who gives evidence in a proceeding to which this section applies is entitled to choose a person whom the vulnerable person would like to have present near him or her when giving evidence.

(3) Without limiting a vulnerable person's right to choose such a person, that person--

(a) may be a parent, guardian, relative, friend or support person of the vulnerable person, and

(b) may be with the vulnerable person as an interpreter, for the purpose of assisting the vulnerable person with any difficulty in giving evidence associated with an impairment or a disability, or for the purpose of providing the vulnerable person with other support.

(3A) An accused person is not entitled to object to the suitability of the person or persons chosen by a vulnerable person to be with the vulnerable person when giving evidence, and the court is not to disallow the vulnerable person's choice of person or persons on its own motion, unless the vulnerable person's choice is likely to prejudice the accused person's right to a fair hearing (for example, because the person chosen by the vulnerable person is a witness or potential witness in the proceedings).

(4) To the extent that the court or tribunal considers it reasonable to do so, the court or tribunal must make whatever direction is appropriate to give effect to a vulnerable person's decision to have such a person present near the vulnerable person, and within the vulnerable person's sight, when the vulnerable person is giving evidence.

(5) The court or tribunal may permit more than one support person to be present with the vulnerable person if the court or tribunal thinks that it is in the interests of justice to do so.

(6) This section extends to a vulnerable person who is the accused or the defendant in the relevant proceeding.

(7) In this section (and despite section 306P)--

"vulnerable person" includes, in respect of proceedings referred to in subsection (1) (a) or (c), a person who is 16 years of age or over but under the age of 18 years.