A trial judge's general direction about 'the way the evidence has been presented' does not satisfy the mandatory requirements of s 21A(8) of the Evidence Act 1977 (Qld) in respect of an order under s 21A(2)(d) for a support person to be present, because the support person provides emotional support and is not part of 'the way the evidence was presented'. The judge must give a specific direction addressing each order made under s 21A(2)(a) to (e). Where the jury is likely to have seen the support person and the complainant seeking reassurance, the failure to give the mandatory direction may constitute a substantial miscarriage of justice even where the prosecution case is otherwise strong.
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