Crimes Act 1914

The court may, if it is satisfied that it is in the interests of justice to do so, order a hearing (the evidence recording hearing) for the vulnerable person to give evidence.

For the purposes of subsection (1), the court must take into account:

whether each party to the proceeding has sufficient time to prepare for the evidence recording hearing and the proceeding; and

the availability of:

the prosecutor in the proceeding; and

if the defendant has a legal representative—the defendant’s legal representative; and

if the defendant does not have a legal representative—the defendant; and

the circumstances and wishes of the vulnerable person; and

the availability of court and other facilities to enable the video or audio recording of evidence given at the evidence recording hearing.

The order may relate to some or all of the following:

evidence in chief;

cross‑examination;

re‑examination.

For rules about cross‑examination, see Division 3.

The order may be made:

on the court’s own initiative or on application by or on behalf of a party to the proceeding; and

at any time during the proceeding; and

for the evidence recording hearing to be held at any time during the proceeding (including after the trial in the proceeding has begun).

To avoid doubt, evidence in chief may also include a recording of an earlier interview (see section 15YM).

The court may adjourn the proceeding, or a part of the proceeding, to a court or other place that is equipped with facilities for evidence to be given in accordance with this section if:

the court is not equipped with the necessary facilities; or

the court otherwise considers it appropriate to do so.