Queensland Consolidated Acts

CRIMINAL LAW (SEXUAL OFFENCES) ACT 1978 - SECT 11

11 Authorised purposes

(1) For the purposes of sections 7F (2) and 10 (1) an authorised purpose is one authorised by or pursuant to this section.

(2) The following purposes are authorised by this section—

(a) the purpose of an investigation into the complaint made by or on behalf of a complainant;

(b) the purpose of preparing for or conducting an examination of witnesses or a trial or a proceeding on appeal arising from a trial.

(3) If, before the commencement of an examination of witnesses or a trial, a defendant makes application to a judge of the Supreme Court for a direction pursuant to this subsection and satisfies the judge that—

(a) the direction is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses at the examination or trial; and

(b) the conduct of the applicant’s defence at the examination or trial is likely to be substantially prejudiced if the direction is not given;

the judge shall direct that section 10 (1) shall not, by virtue of an accusation that alleges a sexual offence and is specified in the direction, apply in relation to a complainant or defendant specified in the direction.

(4) If a person who has been convicted of a sexual offence and has given notice of appeal to the Court of Appeal against the conviction or notice of an application for leave to so appeal applies to that court or to a judge of the Supreme Court for a direction pursuant to this subsection and satisfies the court or judge that—

(a) the direction is required for the purpose of obtaining evidence in support of the appeal; and

(b) the applicant is likely to suffer substantial injustice if the direction is not given;

the court or judge shall direct that section 10 (1) shall not, by virtue of an accusation that alleges a sexual offence and is specified in the direction, apply in relation to a complainant specified in the direction.