Evidence Act 1929

Subject to this section, if—

a witness in proceedings is a person with complex communication needs;

assistance of a kind to meet the needs of the witness with understanding and communicating with the court during proceedings is readily available and it is otherwise practicable to make the assistance available, the court may, on application under this section or on its own initiative, order that the evidence be given by the witness using assistance of a kind specified in the order (communication assistance).

An order under this section need not be made in respect of a witness if the court is satisfied that the witness is able to understand and communicate with the court during the proceedings, including the ability to answer questions put orally and respond to them.

Without limiting the kind of order that may be made under this section, the court may make 1 or more of the following orders:

an order that the witness be accompanied by a communication partner;

an order that the witness use a device or device of a kind, approved by the court, for the purpose of facilitating the taking of evidence from the witness;

an order that the evidence be taken in some other particular way (to be specified by the court) that will, in the court's opinion, facilitate the taking of evidence from the witness.

A person may only provide communication assistance to a witness—

if the person—

is a communication partner or has been approved by the court to provide such assistance to the witness; and

takes an oath or makes an affirmation that he or she will communicate accurately with both the witness and the court; and

in a case where a party to the proceeding disputes the person's ability or impartiality in providing communication assistance—if the judge is satisfied as to the person's ability and impartiality.