(1) A court may appoint an intermediary for a witness from the panel established under this Division.
Notes
1 Section 337(1) enables this appointment to be made by the court on the application of a party or on its own motion.
2 Section 337(2) provides that this appointment may be varied or revoked.
(2) An application for a court to appoint an intermediary may be made orally or in writing.
(3) A court must not appoint an intermediary for a witness if the court is satisfied that the witness—
(a) is aware of the right of the witness to make an application for an intermediary to be appointed; and
(b) is able and wishes to give evidence in the criminal proceeding without the assistance of an intermediary.
(4) A court must not appoint a person as an intermediary for a witness if the person—
(a) is a relative, friend or acquaintance of the witness or the accused; or
(b) has assisted the witness (other than as an intermediary) or the accused in a professional capacity; or
(c) is a party or potential witness (other than by reason of the person's role as an intermediary) in the relevant proceeding.
S. 389K inserted by No. 5/2018 s. 25.