Part IAD - Protecting vulnerable persons  

Division 3 - Cross-examination  

SECTION 15YG   Unrepresented defendants - cross-examination of vulnerable persons  


A defendant in a proceeding who is not represented by counsel is not to cross-examine a person to whom subsection (1A) applies (the vulnerable person ), unless the court gives leave.


This subsection applies to the following persons:

(a) for a child proceeding - a child witness (other than a child complainant);

(b) for a vulnerable adult proceeding - a vulnerable adult complainant;

(c) for a special witness proceeding - a special witness for whom an order under subsection 15YAB(3) is in force for this section.


The court must not give leave under subsection (1) unless satisfied that the vulnerable person ' s ability to testify under cross-examination will not be adversely affected if the defendant conducts the cross-examination.

In considering whether that ability will be adversely affected, the court is to have regard to any trauma that could be caused if the defendant conducts the cross-examination.

An application for leave under this section:

(aa) if the vulnerable person is a vulnerable adult complainant - may be made by or on behalf of the defendant or the vulnerable person; and

(a) must be in writing; and

(b) must not be determined before the court has considered such submissions and other evidence as it thinks necessary for determining the application.


If the court refuses leave, a person appointed by the court is to ask the vulnerable person any questions that the defendant requests the person to ask the vulnerable person.

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