Criminal Procedure Act 1986

Evidence of a witness in proceedings to which this division applies must—

subject to a contrary order of the Court, be given at a hearing under section 294H (a pre-recorded evidence hearing) in accordance with section 294I, and

be dealt with in accordance with section 294I.

The Court may make an order under subsection (1)(a) only if the Court is satisfied it is appropriate to do so in the interests of justice.

The primary factors to be considered by the Court in determining whether to make an order under subsection (1)(a) are the wishes and circumstances of the witness.

Without limiting the other factors the Court may take into account in deciding whether to make an order under subsection (1)(a), the Court may also take into consideration the following—

the availability of court and other facilities necessary for a pre-recorded evidence hearing to take place,

the sufficiency of preparation time for both parties,

the continuity and availability of counsel at both the pre-recorded evidence hearing and the trial,

other relevant matters.