New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 84

84 Victim witnesses, sexual offence witnesses and vulnerable witnesses generally not to be directed to attend

(1) A direction may not be given so as to direct the attendance of an alleged victim of an offence involving violence that is the subject of the committal proceedings (even if the parties to the proceedings consent to the attendance) unless the Magistrate is satisfied that there are special reasons why the alleged victim should, in the interests of justice, attend to give oral evidence.

(1A) In committal proceedings for an offence involving violence, a direction may not be given so as to direct a vulnerable person whose evidence is referred to in the brief of evidence to give evidence orally unless--

(a) the Magistrate is satisfied that there are special reasons why the vulnerable person should, in the interests of justice, attend to give evidence, or

(b) the prosecutor consents.

(1B) In committal proceedings for a prescribed sexual offence, a direction may not be given so as to direct the attendance of a sexual offence witness (even if the parties to the proceedings consent to the attendance) unless the Magistrate is satisfied that there are special reasons why the sexual offence witness should, in the interests of justice, attend to give evidence.

(2) The regulations may make provision for or with respect to the determination of special reasons under this section.

(3) The following offences are
"offences involving violence" for the purposes of this section--

(a) a prescribed sexual offence,

(b) an offence under sections 27- 30 of the Crimes Act 1900 (attempts to murder),

(c) an offence under section 33 of the Crimes Act 1900 (wounding etc with intent to do grievous bodily harm or resist arrest),

(d) an offence under section 35 (1) or (2) of the Crimes Act 1900 (infliction of grievous bodily harm),

(e) an offence under sections 86-91 of the Crimes Act 1900 (abduction or kidnapping),

(f) an offence under sections 94- 98 of the Crimes Act 1900 (robbery),

(g) an offence the elements of which include the commission of, or an intention to commit, an offence referred to in any of the above paragraphs,

(h) an offence that, at the time it was committed, was an offence involving violence for the purposes of this section,

(h1) an offence under any law of the Commonwealth that corresponds to an offence referred to in paragraph (a)-(h) and that is prescribed by the regulations,

(i) any other offence that involves an act of actual or threatened violence and that is prescribed by the regulations for the purposes of this section.

(4) An offence that may be dealt with summarily under Chapter 5 is not an offence involving violence for the purposes of this section.

(5) Despite section 85 (4), the Magistrate must not allow a person who is an alleged victim of an offence involving violence to be cross-examined in respect of matters that were not the basis of the reasons for giving the direction, unless the Magistrate is satisfied that there are special reasons why, in the interests of justice, the person should be cross-examined in respect of those matters.