Territory courts may take evidence and submissions from another place
32 Territory courts may take evidence and submissions from another place
Subject to any Act or rules of court, a territory court may, on the application of a party to a proceeding before it or on its own initiative, direct that a person, whether or not a party to the proceeding, appear before, or give evidence or make a submission to, the court by audiovisual link or audio link from—
a place in the ACT that is outside the courtroom or other place where the court is sitting; or
a place outside the ACT but within Australia; or
Note If the place is a participating jurisdiction, a territory court may make a direction (on application or on its own initiative) under pt 3.2 (Use of audiovisual links or audio links with participating States in ACT proceedings).
a place outside Australia (other than New Zealand).
Note The Trans-Tasman Proceedings Act 2010 (Cwlth), pt 6, div 2 (Remote appearances from New Zealand in Australian proceedings) and the Court Procedures Rules 2006, div 6.10A.4 (Trans-Tasman proceedings—remote appearances) apply to remote appearances from New Zealand in an ACT proceeding.
The court may make the direction only if satisfied that—
the necessary facilities are available or can reasonably be made available; and
it is in the interests of the administration of justice to make the direction.
In considering whether it is in the interests of the administration of justice to make the direction, the court may consider—
whether the evidence or submission can more conveniently be given or made from the place; and
whether the making of the direction is unfair to any party opposing the making of the direction; and
whether the making of the direction could support court efficiency by reducing costs or delay to the proceeding; and
anything else that the court considers appropriate.
The court may at any time amend or revoke a direction made under this part, either on the application of a party to the proceeding or its own initiative.
Part 3.5 Protection of certain communications and documents in criminal proceedings
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.