Complainants in domestic violence offence proceedings have a right to presence of a support person while giving evidence
306ZQ Complainants in domestic violence offence proceedings have a right to presence of a support person while giving evidence
A complainant who gives evidence in proceedings in respect of a domestic violence offence is entitled to choose a person whom the complainant would like to have present near him or her when giving evidence.
Without limiting a complainant’s right to choose such a person, that person—
may be a parent, guardian, relative, friend or support person of the complainant, and
may be with the complainant as an interpreter, for the purpose of assisting the complainant with any difficulty in giving evidence associated with an impairment or a disability, or for the purpose of providing the complainant with other support.
An accused person is not entitled to object to the suitability of the person or persons chosen by a complainant to be with the complainant when giving evidence, and the court is not to disallow the choice of person or persons on its own motion, unless the person chosen by the complainant is likely to prejudice the accused person’s right to a fair hearing (for example, because the person chosen by the complainant is a witness or potential witness in the proceedings).
Note.
This section does not apply to a complainant in proceedings for a prescribed sexual offence. In that case, section 294C sets out the entitlements of the complainant to have one or more support persons present when giving evidence.
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