Cross‑examination of certain persons
44C Cross‑examination of certain persons
If in any proceedings under this Act a respondent, or a person who is bound by an order —
is not represented; and
wishes to cross‑examine a person with whom the examiner is in a family relationship or an imagined personal relationship,
the court is to order that the examiner —
is not entitled to do so directly; but
may put any question to the person to be examined by stating the question to a judicial officer or a person approved by the court,
and that person is to repeat the question accurately to the person to be examined.
Subsection (1) does not apply —
if —
the person to be examined requests that the order not be made; and
the court considers it appropriate in all the circumstances for the order not to be made;
or
if the court is of the opinion that it is not just or desirable for such an order to be made.
This section does not derogate from the operation of section 44F.
[Section 44C inserted: No. 38 of 2004 s. 26; amended: No. 49 of 2016 s. 50; No. 30 of 2020 s. 66.]
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