Evidence Act 1939

(1) Subject to subsection (6) and sections 49EA and 49EB, a Territory entity may direct that a person (whether or not a party to the proceeding) appear before, or give evidence or make a submission to, the entity by a communication link from any place within or outside the Territory (including outside Australia) that is outside the place where the entity is sitting.

(2) The entity may give a direction under subsection (1) on its own initiative or on application by a party to the proceeding, and the direction may be subject to any conditions the entity considers appropriate.

(3) A direction under subsection (1) may be given at any stage of a proceeding.

Example for subsection (3)

A court may direct that an offender appear before the court by communication link for sentencing.

(4) However, the entity must not give a direction under subsection (1) unless it is satisfied that the necessary facilities are available or can reasonably be made available.

(5) In considering whether to give a direction under subsection (1), the entity may have regard to the following matters:

(a) the risk of endangering the personal security of a person, including any safety and welfare considerations involved in transporting a person;

(b) the risk of an accused person escaping, or attempting to escape, from custody;

(c) past behaviour of a person while appearing before an entity or while in custody;

(d) the efficient use of available judicial and administrative resources;

Examples for subsection (5)(e)

1 The ability of the defendant to comprehend the proceedings or access legal advice or representation or the assistance of an interpreter.

2 Any special needs of the defendant, including the impact of any intellectual or physical disability, mental illness or the need for a support person.

(6) If the person who is to appear before the entity is an expert witness, or is a police officer giving corroborative evidence, the person is to appear by communication link unless:

(a) the necessary facilities are not available and cannot reasonably be made available; or

(b) the entity is of the view that it is in the interests of justice that the witness should appear physically before the entity.

(7) The entity may at any time vary or revoke an order made under this Division, either on its own initiative or on application of a party to the proceeding.