Evidence (Miscellaneous Provisions) Act 1991

This section applies if—

a child is to give evidence in a proceeding; and

the proceeding is to be heard in a courtroom; and

the courtroom and an external place are linked by an audiovisual link.

The child’s evidence must be given by audiovisual link unless the court otherwise orders.

However, the evidence of a child who is an accused person in a proceeding is not to be given by audiovisual link.

The court may make an order under subsection (2) only if satisfied that—

the child prefers to give evidence in the courtroom; or

if the order is not made—

the proceeding may be unreasonably delayed; or

there is a substantial risk that the court will not be able to ensure that the proceeding is conducted fairly.

While the child is at the external place to give evidence, the place is taken to be part of the courtroom.