Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) For this division, the "complainant", in relation to a sexual or violent offence proceeding, is the person, or any of the people, against whom a sexual or violent offence the subject of the proceeding is alleged, or has been found, to have been committed.
(2) For this division, a sexual offence proceeding is—
(a) a proceeding for a sexual offence; or
(b) a sentencing proceeding for a person convicted or found guilty of a sexual offence, whether or not the person is also convicted or found guilty of any other offence; or
(c) a proceeding under the Domestic Violence and Protection Orders Act 2008 in relation to a sexual offence; or
(d) a proceeding under the Victims of Crime (Financial Assistance) Act 1983 in relation to a sexual offence; or
(e) a proceeding by way of an inquest or inquiry in the Coroner's Court in relation to a sexual offence; or
(f) an appeal arising out of a proceeding mentioned in paragraphs (a) to (e).
(3) For subsection (2) (a), a proceeding for a sexual offence includes—
(a) a proceeding for a sexual offence and any other offence; and
(b) a proceeding for a sexual offence and any other offence as an alternative to the sexual offence; and
(c) a proceeding for a sexual offence that may result in a finding of guilt (or committal for trial or sentence) for any other offence.
(4) To remove any doubt, for this section, a "proceeding" includes a committal hearing.
Note 1 A complainant is not required to attend and give evidence at a committal proceeding in relation to a sexual offence (see Magistrates Court Act 1930 , s 90AA (8)).
Note 2 A witness must not be cross-examined at a committal hearing in relation to a sexual offence if the witness is a complainant in relation to the offence (see Magistrates Court Act 1930 , s 90AB (1)).