New South Wales Consolidated Acts

CRIMES (FORENSIC PROCEDURES) ACT 2000 - SECT 30

30 Procedure at hearing of application for order

(1) An order may be made in the presence of the suspect concerned or, at the discretion of the Magistrate, ex parte.

(2) A suspect who is a child or an incapable person, or who identifies as an Aboriginal person or Torres Strait Islander--

(a) must have an interview friend present if the suspect is present, and

(b) may be represented by a legal representative.

(3) Subsection (2) (a) does not apply to a suspect who identifies as an Aboriginal person or Torres Strait Islander if the suspect expressly and voluntarily waives his or her right to have an interview friend present.

(4) At the beginning of any hearing in relation to proceedings on an application for an order under this Division, the suspect, if present at the hearing, must be asked whether he or she identifies as an Aboriginal person or Torres Strait Islander.

(5) Any other suspect (including a suspect covered by subsection (2)) may be represented by an Australian legal practitioner.

(6) The suspect or his or her representative--

(a) may cross-examine the applicant for the order, and

(b) may, with the leave of the Magistrate, call or cross-examine any other witness, and

(c) may address the Magistrate.

(7) A Magistrate must not give leave under subsection (6) (b) unless the Magistrate is of the opinion that there are substantial reasons why, in the interests of justice, the witness should be called or cross-examined.

(8) Despite subsection (2), the suspect's interview friend may be excluded from the hearing if the interview friend unreasonably interferes with or obstructs the hearing of the application.