Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 279 - Video link evidence  

SECTION 279.2  

279.2   When court may take evidence by video link  

In a proceeding, the court may, on application by a party to the proceeding, direct that a witness give evidence by video link if:

(a) the witness will give the evidence from outside Australia; and

(b) the witness is not a defendant in the proceeding; and

(c) the facilities required by section 279.3 are available or can reasonably be made available; and

(d) the court is satisfied that attendance of the witness at the court to give the evidence would:

(i) cause unreasonable expense or inconvenience; or

(ii) cause the witness psychological harm or unreasonable distress; or

(iii) cause the witness to become so intimidated or distressed that his or her reliability as a witness would be significantly reduced; and

(e) the court is satisfied that it is consistent with the interests of justice that the evidence be taken by video link.