Criminal Procedure Act 2009

If a special hearing is to be held, it must be held—

within the applicable period after the accused is committed for trial; and

before the court at which the indictment is filed.

Subject to subsection (1B), the applicable period is—

for a trial in a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence, a period of 3 months; or

for a trial in a criminal proceeding that relates (wholly or partly) to a charge for a family violence offence, a period of 12 months; or

for a trial in a criminal proceeding that relates (wholly or partly) to a charge for an offence against section 21A(1) of the Crimes Act 1958 (stalking), a period of 12 months.

If a trial in a criminal proceeding relates partly to a charge for a sexual offence and partly to a charge for a family violence offence or an offence against section 21A(1) of the Crimes Act 1958 (stalking), the applicable period is a period of 3 months.

The court may extend the time for holding a special hearing if the court considers that it is in the interests of justice to do so, having regard to—

if the complainant is a child, the age and maturity of the child; and

if the complainant is cognitively impaired, the severity of that impairment; and

the period of time since the complaint was first made; and

the period of time since the offence was allegedly committed; and

any other matter that the court considers relevant.

The court may extend time under subsection (2) before or after the time expires.

More than one extension of time may be granted under subsection (2).