Evidence (Miscellaneous Provisions) Act 1991

In this part:

child, in a proceeding, means a witness (including a complainant or similar act witness) who was a child—

at the time the proceeding started; or

if the witness gives evidence in an audiovisual recording—at the time the recording was made; or

for a complainant in a sexual offence proceeding—at the time of the offence the subject of the proceeding.

complainant, in relation to a proceeding for an offence—

means a person—

against whom the offence is alleged, or has been found, to be committed; and

for a family violence offence proceeding—who is also a family member of the accused person; and

for a sexual offence proceeding for an offence against the Work Health and Safety Act 2011—includes a person against whom a sexual assault or an act of a sexually offensive, intimidating or humiliating nature is suspected or alleged, or has been found, to have been committed.

family member—see the Family Violence Act 2016, section 9.

intellectually impaired—a person is intellectually impaired if the person has—

an appreciably below average general intellectual function; or

a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or

any other intellectual disability.

similar act witness means a witness in a proceeding for an offence who gives, or intends to give, evidence in the proceeding that—

relates to an act committed on, or in the presence of, the witness by the accused; and

is tendency evidence or coincidence evidence under the Evidence Act 2011.

special relationship witness means—

in a sexual offence proceeding involving a child complainant—a witness who—

is a close family member of the complainant; or

the court considers—

has a beneficial supporting relationship with the complainant in the proceeding; and

will be able to provide emotional support for the complainant after the proceeding; or

in a serious violent offence proceeding involving the death of a person—a witness who is a close friend or family member of the person.

vulnerable adult means an adult complainant, or similar act witness, in a proceeding for an offence who the court considers—

has a vulnerability that is likely to affect the complainant’s or witness’s ability to give evidence because of the circumstances of the proceeding or the complainant’s or witness’s circumstances; or

is likely to suffer severe emotional trauma, or be intimidated or distressed, by giving evidence in the proceeding otherwise than in accordance with this part; or

needs to give evidence as soon as practicable because the complainant or witness is likely to suffer severe emotional trauma, or be intimidated or distressed.

witness with disability means a witness in a proceeding for an offence who has a mental or physical disability that affects the person’s ability to give evidence.