Evidence (Closed Circuit Television) Ordinance 1989 (repealed) (ACT)

AUSTRALIAN CAPITAL TERRITORY

Evidence (Closed Circuit Television) Ordinance 1989

No. 53 of 1989

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.

Dated 14 June 1989.

BILL HAYDEN

Governor-General

By His Excellency’s Command,

LIONEL BOWEN

Attorney-General

An Ordinance to provide for evidence given by a child in certain proceedings to be observed and heard on a closed circuit television system

Short title

1.  This Ordinance may be cited as the Evidence (Closed Circuit Television) Ordinance 1989.1

Commencement

2.  This Ordinance commences on such date as is fixed by the Minister of State for the Arts and Territories by notice in the Gazette.

Interpretation

3.  (1)  In this Ordinance—

“child” means a person who has not attained the age of 18 years;

“Court” means—

(a)the Magistrates Court; or

(b)the Coroner’s Court;

“evidence” includes unsworn evidence.

(2)  In this Ordinance, a reference to the Magistrates Court shall be read as including a reference to that Court when known as the Childrens Court.

Application

4.  (1)  This Ordinance applies in relation to the following proceedings—

(a)proceedings in the Magistrates Court on an information in respect of the alleged commission of an offence against a law in force in the Territory;

(b)proceedings in the Magistrates Court under Part V of the Children’s Services Act 1986 of the Territory;

(c)proceedings in the Magistrates Court under the Domestic Violence Act 1986 of the Territory; or

(d)proceedings by way of an inquest or inquiry in the Coroner’s Court.

(2)  This Ordinance applies to proceedings instituted before or after the commencement of this Ordinance.

Child’s evidence over closed circuit television

5.  (1)  The Court may, at any stage in proceedings, order that a child who is to give, or is giving, evidence, give all or part of that evidence from a place other than the courtroom.

(2)  The place shall be equipped with a closed circuit television system that is capable of allowing—

(a)persons in the courtroom to see and hear the persons present at the place; and

(b)persons present at the place to hear, or see and hear, persons in the courtroom.

(3)  The order may specify—

(a)the persons who may be present at the place with the child;

(b)the persons in the courtroom who must be able to be heard, or seen and heard, by the child and by the persons with the child;

(c)the persons in the courtroom who must not be able to be heard, or seen and heard, by the child and by the persons with the child;

(d)the persons in the courtroom who must be able to see and hear the child and the persons with the child;

(e)the stages in the proceedings during which a specified part of the order is to have effect; and

(f)the method of operation of the closed circuit television system.

(4)  Notwithstanding any other law of the Territory, the order may provide that a person be excluded from the place while the child is giving evidence.

(5)  Where an order is made under subsection (1), the place shall be taken for all purposes to be part of the courtroom while the child is at the place for the purpose of giving evidence.

When an order may be made

6.  (1)  An order may be made only if the Court is satisfied that—

(a)it is likely that the child would suffer mental or emotional harm if required to give evidence in the ordinary way; or

(b)it is likely that the facts would be better ascertained if the child’s evidence is given in accordance with such an order.

(2)  The matters that the Court may take into account include—

(a)the age, personality, intelligence, education and maturity of the child;

(b)any disability to which the child is or appears to be subject; and

(c)the nature and importance of the matters on which the child is being called to give evidence.

Fairness to parties

7.  The Court shall not make an order that would be unfair to a party to the proceedings.

Application for order

8.  (1)  The Court may make an order of its own motion or on application by a party to the proceedings, by or on behalf of the child or by a parent or guardian of the child.

(2)  Where, on application for an order—

(a)the child is not separately represented by another person; and

(b)it appears to the Court that the child should be so represented;

the Court may, of its own motion or on application by any person (including the child), order that the child be separately represented by another person, and the Court may make such other order as it thinks necessary to secure that separate representation.

Variation or revocation of order

9.  The Court may, of its own motion or on application by a party to the proceedings, by or on behalf of the child or by a parent or guardian of the child, make an order for the variation or revocation of an order.

Cessation of effect of Ordinance

10.  Except in respect of an order already made, this Ordinance ceases to have effect at the end of 12 months after the day on which it commenced.

NOTE

1. Notified in the Commonwealth of Australia Gazette on 28 June 1989.