Australian Capital Territory Consolidated Acts

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EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 101

Child or witness with disability may have support person in court

    (1)     This section applies to any of the following people (a witness ) giving evidence in a proceeding:

        (a)     a child;

        (b)     a witness with a disability.

    (2)     The court must, on application by a party that intends to call a witness, order that, while the witness gives evidence, the witness have a person (a "support person") in the court who is—

        (a)     for a witness with a vision impairment—close enough to the witness for the court to be satisfied that the witness is aware of the person's presence; or

        (b)     for any other witness—close to the witness and within the witness's sight.

    (3)     The court may order that a witness have more than 1 support person if it considers it is in the interests of justice.

    (4)     The support person must not—

        (a)     speak for the witness during the proceeding; or

        (b)     otherwise interfere in the proceeding.

    (5)     Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.

    (6)     If the proceeding is a trial by jury, the court must tell the jury that—

        (a)     a witness having a support person in the court while giving evidence is a usual practice; and

        (b)     the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.



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