Victorian Current Acts

VICTIMS OF CRIME ASSISTANCE ACT 1996 - SECT 37

S. 37(1) amended by Nos 69/2009
s. 54(Sch. Pt 2 item 55), 67/2014 s. 147(Sch.  2 item 40).

    (1)     The Tribunal has the powers conferred by sections 14, 15, 16, 20 and 20A of the Evidence (Miscellaneous Provisions) Act 1958 , as in force immediately before their repeal, on a board appointed by the Governor in Council.

S. 37(1A) inserted by No. 52/1997
s. 7.

    (1A)     The Tribunal may issue a warrant to arrest against a witness who has been served with a summons to attend the Tribunal and who has failed to attend as required by the summons.

S. 37(1B) inserted by No. 52/1997
s. 7.

    (1B)     The provisions of Division 3 of Part 4 of the Magistrates' Court Act 1989 relating to warrants to arrest extend and apply to warrants issued under subsection (1A), with any necessary modifications.

S. 37(1C) inserted by No. 69/2009
s. 54(Sch. Pt 1 item 60.1).

    (1C)     Section 194 of the Evidence Act 2008 applies to warrants issued under subsection (1A) as if a reference to a civil or criminal proceeding were a reference to a proceeding before the Tribunal.

    (2)     The Tribunal may, on its own initiative or on the application of a party to a proceeding, direct that alternative arrangements be made for the giving of evidence by a witness.

    (3)     Without limiting subsection (2), any of the following alternative arrangements may be directed to be made:

        (a)     permitting the evidence to be given from a place other than the room in which the Tribunal is sitting by means of closed-circuit television or other facilities that enable communication between that place and the room in which the Tribunal is sitting;

        (b)     using screens to remove the person by whom the act of violence was committed or alleged to have been committed from the witness' direct line of vision;

        (c)     permitting a person to be beside the witness while he or she is giving evidence for the purpose of providing emotional support to him or her;

        (d)     requiring counsel to be seated while examining or cross-examining the witness.

    (4)     Any place outside the room in which the Tribunal is sitting where a witness is permitted to give evidence under this section is to be taken to be part of the room in which the Tribunal is sitting while the witness is there for the purpose of giving evidence.

    (5)     The Tribunal may, at any time in the course of the proceeding, vary or revoke a direction made under subsection (2) on its own initiative or on the application of a party to the proceeding.