Criminal Procedure Act 2009

This section applies to a criminal proceeding—

to which section 123 applies; or

in which an accused has been committed for trial under section 127B, 127C or 127E.

At any time except during trial, an accused may apply to the court for an order under this section that the accused cross-examine a witness, other than a complainant in a criminal proceeding to which section 123 applies, at a time and place fixed by the court.

An application under subsection (2) must state—

each issue for which leave to cross-examine is sought; and

how cross-examination of the witness on the issue is directly and substantially relevant to that issue; and

the reasons why, in the interests of justice, the witness should be cross‑examined on that issue; and

why the accused is of the view that the reasons referred to in paragraph (c) are substantial reasons.

The court must not make the order sought in the application unless the court is satisfied that—

the accused has identified an issue to which the proposed questioning relates; and

cross-examination of the witness on the issue is directly and substantially relevant to that issue; and

there are substantial reasons why, in the interests of justice, the witness should be cross-examined on that issue.

In determining whether there are substantial reasons why, in the interests of justice, the witness should be cross-examined on that issue, the court—

must have regard to the need to ensure the matters set out in section 124(4); and

may have regard to whether the prosecution consents to or opposes the order being made.

In addition, if the witness is a specified witness (within the meaning of section 124(5A)), the court must have regard to the matters set out in section 124(5).

If the court makes the order sought in the application, the court must identify each issue on which the witness may be cross-examined.