s. s. 4L 4M Notes Notes to s. 4K inserted by 1 For to a proceeding, see section 3(1). party No. 68/2009 s. 97(Sch. 2 If a witness is the complainant in a criminal proceeding, item 82.12). Divisions 4 and 6 of Part 8.2 of Chapter 8 of the Criminal Procedure Act 2009 also apply. S. 4L 4L Restriction on children being called as witnesses or inserted by present in court No. 77/2004 s. 4. S. 4L(1) (1) A child must not be present during, or called as a amended by witness in, proceedings in the Family Violence No. 52/2008 Court Division, other than proceedings for a s. 253(3). family violence intervention order, if— (a) the child is a family member of a party to the proceedings; or (b) the proceedings arise from or include allegations of family violence and the child is a family member of the alleged victim of that family violence. (2) However, subsection (1) does not apply if— (a) the child is the accused, defendant or S. 4L(2)(a) amended by respondent (within the meaning of the No. 68/2009 s. 97(Sch. Family Violence Protection Act 2008) in item 82.13). the proceedings; or (b) the Division makes an order allowing the child to be present or called as a witness (as the case may be). Note to s. 4L Note substituted by Sections 67 and 150 of the Family Violence Protection Act No. 52/2008 s. 253(4). 2008 restricts when a child can be present during, or called as a witness in, a proceeding for a family violence intervention order. S. 4M 4M Establishment of Neighbourhood Justice Division inserted by No. 51/2006 (1) The Court has a Neighbourhood Justice Division. s. 4.
Notes to s. 4K inserted by No. 68/2009 s. 97(Sch. item 82.12). Notes 1 For party to a proceeding, see section 3(1). 2 If a witness is the complainant in a criminal proceeding, Divisions 4 and 6 of Part 8.2 of Chapter 8 of the Criminal Procedure Act 2009 also apply. S. 4L inserted by No. 77/2004 s. 4. 4L Restriction on children being called as witnesses or present in court s. 4L S. 4L(1) amended by No. 52/2008 s. 253(3). (1) A child must not be present during, or called as a witness in, proceedings in the Family Violence Court Division, other than proceedings for a family violence intervention order, if— (a) the child is a family member of a party to the proceedings; or (b) the proceedings arise from or include allegations of family violence and the child is a family member of the alleged victim of that family violence. (2) However, subsection (1) does not apply if— S. 4L(2)(a) amended by No. 68/2009 s. 97(Sch. item 82.13). (a) the child is the accused, defendant or respondent (within the meaning of the Family Violence Protection Act 2008) in the proceedings; or (b) the Division makes an order allowing the child to be present or called as a witness (as the case may be). Note to s. 4L substituted by No. 52/2008 s. 253(4). Note Sections 67 and 150 of the Family Violence Protection Act 2008 restricts when a child can be present during, or called as a witness in, a proceeding for a family violence intervention order. S. 4M inserted by No. 51/2006 s. 4. s. 4M 4M Establishment of Neighbourhood Justice Division (1) The Court has a Neighbourhood Justice Division.
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