Section 15YV — Crimes Act 1914: When court may take evidence by video link

Application by prosecutor (1) In a proceeding, the court must: (a) direct; or (b) by order, allow; a witness to give evidence by video link if: (c) both: (i) the prosecutor applies for the direction or order; and (ii) the court is satisfied that the prosecutor gave the court reasonable notice of his or her intention to make the application; and (d) the witness is not a defendant in the proceeding; and (e) the witness is available, or will reasonably be available, to give evidence by video link; and (f) the facilities required by section 15YY are available or can reasonably be made available; unless the court is satisfied that giving the direction or making the order would have a substantial adverse effect on the right of a defendant in the proceeding to receive a fair hearing. Application by defendant (2) In a proceeding, the court must: (a) direct; or (b) by order, allow; a witness to give evidence by video link if: (c) both: (i) a defendant in the proceeding applies for the direction or order; and (ii) the court is satisfied that the defendant gave the court reasonable notice of his or her intention to make the application; and (d) the witness is not a defendant in the proceeding; and (e) the witness is available, or will reasonably be available, to give evidence by video link; and (f) the facilities required by section 15YY are available or can reasonably be made available; unless the court is satisfied that it would be inconsistent with the interests of justice for the evidence to be given by video link.