Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2018 (75 of 2018)

Schedule 6   Protecting vulnerable persons

Crimes Act 1914

1   Subsection 15YR(6)

Repeal the subsection, substitute:

(6) An application for leave under this section must be in writing.

(7) A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:

(a) the prosecutor in the proceeding;

(b) each defendant in the proceeding;

(c) each other party to the proceeding to whom subsection (1A) applies.

(8) If a party referred to in paragraph (7)(c) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the party.

(9) A notice under subsection (7) must:

(a) be given no later than 3 business days before the day the application is to be heard; and

(b) be accompanied by a copy of the application.

(10) An application for leave under this section must not be determined unless the court:

(a) is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and

(b) has considered such submissions and other evidence as it thinks necessary for determining the application.