Page 3551 - Week 09 - Thursday, 21 August 2008

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(3) In this section:

domestic relationship—see the Domestic Relationships Act 1994, section 3.

Clause 8

Proposed new section 38B (1)

Page 5, line 22—

omit proposed new section 38B (1), substitute

(1) This section applies to the complainant or a similar act witness (the witness) giving evidence in—

(a) a sexual offence proceeding; or

(b) a violent offence proceeding in relation to a serious violent offence; or

(i) the witness is a relevant person in relation to the accused person; or

(ii) the court considers that the witness has a disability that affects the witness’s ability to give evidence because of the circumstances of the proceeding or the witness’s circumstances.

Examples—par (c) (ii)

1 the witness is likely to suffer severe emotional trauma because of the nature of the alleged offence

2 the witness is intimidated or distressed because of the witness’s relationship to the accused person

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Clause 8

Proposed new section 38C (1)

Page 6, line 15—

omit proposed new section 38C (1), substitute

(1) This section applies to the complainant or a similar act witness (the witness) giving evidence for the prosecution in—

(a) a sexual offence proceeding; or

(b) a violent offence proceeding in relation to a serious violent offence; or

(i) the witness is a relevant person in relation to the accused person; or

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