Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 21AZL

21AZL Appointment

(1) This section applies in relation to a witness for the prosecution in a relevant proceeding who—

(a) is under 16 years; or

(b) is a person with an impairment of the mind as defined under the Criminal Code ; or

(c) has difficulty communicating; or

(d) is of a class prescribed by regulation.

(2) The court may, on its own initiative or on the application of a party to the relevant proceeding, make an order appointing a person as an intermediary for the witness.

(3) The order may be made at any stage of the relevant proceeding.

(4) A person may be appointed as an intermediary for the witness only if—

(a) the person is included on the intermediaries panel; and

(b) the person is not an excluded person.

(5) For subsection (4) (b) , a person is an
"excluded person" if the person—

(a) is a relative, friend or acquaintance of the witness or of the defendant; or

(b) is a party to the relevant proceeding; or

(c) is a potential witness in the relevant proceeding; or

(d) has, in a professional capacity—

(i) assisted the witness, other than in the capacity of an intermediary; or

(ii) assisted the defendant.

(6) The court must not make an order appointing a person as an intermediary for the witness if the court is satisfied—

(a) the witness—

(i) is aware an application may be made for an order appointing a person as an intermediary for the witness; but

(ii) wishes to give evidence in the relevant proceeding without the help of an intermediary; and

(b) it would not be in the interests of justice to make the order.

(7) An order made under this section for a witness mentioned in subsection (1) (a) has effect even if the witness is 16 years or older when the witness gives evidence in the relevant proceeding.

(8) Also, an order made under this section must not be subject to interlocutory appeal but may be raised as a ground of appeal against conviction or sentence.