Victorian Numbered Acts Victorian Numbered ActsAfter section 37C of the Evidence Act 1958 insert —
(1) Subject to this section, in a legal proceeding that relates (wholly or partly) to a charge for a sexual offence, the court must direct that any of the following arrangements be made for the giving of evidence by a complainant (other than a complainant who is a child or a person with a cognitive impairment)—
(a) permitting the evidence to be given from a place other than the courtroom by means of closed-circuit television or other facilities that enable communication between that place and the courtroom;
(b) using screens to remove the defendant from the witness' direct line of vision;
(c) permitting a person chosen by the witness and approved by the court for this purpose, to be beside the witness while he or she is giving evidence for the purpose of providing emotional support to him or her.
(2) The court must direct that the arrangement referred to in sub-section (1)(a) be made unless—
(a) the court is satisfied that the complainant—
(i) is aware of his or her right to give evidence in accordance with the arrangement referred to in sub-section (1)(a); and
(ii) is able
and wishes to give evidence in the courtroom; and
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(b) the court, on the application of the prosecution, determines not to direct that the arrangement referred to in sub-section (1)(a) be made.
(3) The court must direct that any evidence given by a complainant in accordance with the arrangement referred to in sub-section (1)(a) is recorded.
(4) If a court directs that the arrangement referred to in sub-section (1)(a) be made, the court may make any order it considers appropriate to enable the complainant to view any place or thing or identify any person or thing.
(5) If the complainant is giving evidence in the courtroom, the court must direct that the arrangement referred to in sub-section (1)(b) be made unless it is satisfied that the complainant—
(a) is aware of his or her right to give evidence in accordance with the arrangement referred to in sub-section (1)(b); and
(b) does not wish a screen to be used to remove the defendant from his or her direct line of vision.
(6) The court must direct that the arrangement referred to in sub-section (1)(c) be made unless the court is satisfied that the complainant—
(a) is aware of his or her right to give evidence in accordance with the arrangement referred to in sub-section (1)(c); and
(b) does not want a person to be beside him or her while he or she is giving evidence for the purpose of providing emotional support to him or her.
(7) If a court directs that alternative arrangements be made for the giving of evidence by a witness, the judge must warn the jury not to draw any inference adverse to the defendant or give the evidence any greater or lesser weight because of the making of those arrangements.
(8) Any place outside the courtroom where a witness is permitted to give evidence under this section is to be taken to be part of the courtroom while the witness is there for the purpose of giving evidence.
(9) The court may at any time in the course of the proceeding vary or revoke a direction made under this section either of its own motion or on the application of a party to the proceeding.".