Australian Capital Territory Numbered Acts

EVIDENCE (CLOSED-CIRCUIT TELEVISION) (NO. 24 OF 1994) - SECT 6

6. After section 4 of the Principal Act the following section is inserted:

“4A. (1) Where—

        (a)     a child is to give evidence in proceedings; and

        (b)     the courtroom and a place other than the courtroom are equipped with, and linked by, a closed-circuit television system that is capable of allowing—

              (i)     persons in the courtroom to see and hear the persons at the other place; and

              (ii)     persons at the other place to hear, or to see and hear, persons in the courtroom;

the evidence of the child shall be given from that other place by means of that system unless the court otherwise orders.

“(2) A court shall not make an order under subsection (1) unless satisfied that—

        (a)     the child prefers to give evidence in the courtroom;

        (b)     the proceedings will be unreasonably delayed if an order is not made; or

        (c)     there is a substantial risk of the court being unable to ensure that the proceedings are conducted fairly if an order is not made.

“(3) Notwithstanding subsection (1), the evidence of a child who is an accused person in proceedings is not to be given in the manner described in that subsection.

“(4) While a child is at a place other than a courtroom for the purpose of giving evidence in accordance with subsection (1), that place shall be taken for all purposes to be part of the courtroom.”.