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. 4L Restriction on children being called as witnesses or S. 4L inserted by present in court No. 77/2004 s. 4. (1) A child must not be present during, or called as a S. 4L(1) amended by witness in, proceedings in the Family Violence Nos 52/2008 Court Division, other than proceedings for a s. 253(3), 53/2016 family violence intervention order or a proceeding s. 106(1). relating to a recognised DVO, 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 Family Violence Protection Act 2008) in s. 97(Sch. item 82.13). the proceedings; or (b) the Family Violence Court Division makes an order allowing the child to be present or called as a witness (as the case may be). (3) For the purposes of subsection (1), a proceeding S. 4L(3) inserted by relating to a recognised DVO is a proceeding for No. 53/2016 the variation, extension or revocation of a s. 106(2). DVO that is a recognised DVO, both within the meaning of the National Domestic Violence Order Scheme Act 2016.
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(1) amended by Nos 52/2008 s. 253(3), 53/2016 s. 106(1). (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 or a proceeding relating to a recognised DVO, 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 Family Violence Court Division makes an order allowing the child to be present or called as a witness (as the case may be). S. 4L(3) inserted by No. 53/2016 s. 106(2). (3) For the purposes of subsection (1), a proceeding relating to a recognised DVO is a proceeding for the variation, extension or revocation of a DVO that is a recognised DVO, both within the meaning of the National Domestic Violence Order Scheme Act 2016.
89-51a208.docx