Evidence Act 1929

A defendant is not to be permitted to cross‑examine a witness who is the alleged victim of an offence to which this section applies—

in a criminal trial (whether or not related to the offence) unless the cross‑examination is by counsel;

in civil proceedings relating to the offence unless—

the cross‑examination is by counsel; or

if the defendant is not legally represented in the proceedings—to be undertaken—

by the defendant submitting to the judge, in the manner required by the judge, the questions the defendant proposes the witness be asked in cross‑examination and the judge (or the judge's delegate) asking the witness those of the questions submitted that are determined by the judge to be allowable in cross‑examination;

as otherwise directed by the judge.

If a defendant is not legally represented in a criminal trial that will involve the taking of evidence from any such witness, the court must ensure that the defendant—

has been warned of the limitation on the right of cross‑examination imposed by this section; and

has been informed—

that he or she may be entitled to legal assistance under the Legal

in any case—of his or her rights under the Criminal

has had a reasonable opportunity to obtain the assistance of counsel before the evidence is taken.

If, in a criminal trial, an unrepresented defendant obtains the assistance of counsel for the purpose of cross‑examining such a witness, the judge must—

explain to the jury the limitation imposed by this section on the defendant's right to personally cross‑examine the witness; and

warn the jury that no adverse inference may be drawn against the defendant from the requirement for the unrepresented defendant to obtain the assistance of counsel to cross‑examine the witness.

In this section—

an offence under section 24 of the Criminal

a serious offence against the person; or

an aggravated offence under section 20 of the Criminal

an offence of contravening or failing to comply with an intervention order under the Intervention

an offence of contravening or failing to comply with a restraining order under the Summary