Statutes Amendment (Vulnerable Witnesses) Act 2015 (SA)

South Australia

Statutes Amendment (Vulnerable Witnesses) Act 2015

An Act to amend various Acts to make provision for special arrangements relating to vulnerable persons and the justice system.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Statutes Amendment (Vulnerable Witnesses) Act 2015.

This Act will come into operation on a day to be fixed by proclamation.

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

4Amendment of section 50B – Certain trials of sexual offences to be given priority

1. (1)

   Section 50B(1)—delete "child" and substitute:

   person to whom this section applies

2. (2)

   Section 50B(2)—before the definition of sexual offence insert:

   person to whom this section applies means—

   1. (a)

      a child; or

   2. (b)

      a person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions;

3. (3)

   Section 50B(2), definition of sexual offence—after paragraph (e) insert:

   1. (ea)

      an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or

1. (1)

   Section 4—after the definition of child insert:

   cognitive impairment includes the following:

   1. (a)

      a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);

   2. (b)

      an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);

   3. (c)

      a mental illness;

   communication partner means a person, or a person of a class, approved by the Minister for the purposes of providing assistance in proceedings to a witness with complex communication needs;

2. (2)

   Section 4, definition of mental disability—delete the definition

3. (3)

   Section 4, definition of sexual offence—after paragraph (da) insert:

   1. (db)

      an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or

4. (4)

   Section 4, definition of vulnerable witness, (b)—delete paragraph (b) and substitute:

   1. (b)

      a witness who is cognitively impaired; or

5. (5)

   Section 4, definition of young child—delete "12 years" and substitute:

   14 years

Section 9—after subsection (5) insert:

1. (6)

   Subject to this Act, this section does not apply to a statement made outside of a court admitted as evidence in any proceedings under an exception to the rule against hearsay at common law or under this Act.

After section 12A insert:

12AB—Pre‑trial special hearings

1. (1)

   Subject to this section, if—

   1. (a)

      the evidence of a witness to whom this section applies is necessary for the purposes of the trial of a charge of an offence to which this section applies; and

   2. (b)