Representation of applicant
72 Representation of applicant
This section applies if—
a respondent is prohibited from cross-examining a protected witness under section 70; and
the respondent is legally represented; and
the protected witness—
is the applicant; and
is not a police officer; and
is not legally represented.
S. 72(2) substituted by No. 1/2026 s. 23.
The court, unless the protected witness objects, must order Victoria Legal Aid to provide legal representation for the protected witness for the following purposes—
the cross-examination of the protected witness by the respondent's legal representative;
the cross-examination of the respondent by the protected witness.
Despite anything in the Legal Aid Act 1978, Victoria Legal Aid must provide legal representation in accordance with subsection (2).
However, Victoria Legal Aid may apply all or any of the conditions under section 27 of the Legal Aid Act 1978 to the representation of the protected witness as if the protected witness had been granted legal assistance under that Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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