Section 23WX — Crimes Act 1914: Procedure at hearing of application for order

(1) An order may only be made in the presence of the suspect concerned, subject to any contrary order made by the magistrate. (2) A suspect who is: (a) a child; or (b) an incapable person; must be represented by an interview friend and may also be represented by a legal practitioner. (3) If the applicant believes on reasonable grounds that the suspect is an Aboriginal person or a Torres Strait Islander not covered by subsection (2), the suspect must be represented by an interview friend and may also be represented by a legal practitioner. (4) Subsection (3) does not apply if the applicant believes on reasonable grounds that, having regard to the suspect’s level of education and understanding, the suspect is not at a disadvantage in relation to the hearing by comparison with members of the Australian community generally. (5) Any other suspect (including a suspect covered by subsection (4)) may be represented by a legal practitioner. (6) The suspect or his or her representative: (a) may call or cross-examine the applicant for the order; and (b) may, with the leave of the magistrate, call or cross-examine any other witnesses; and (c) may address the magistrate. (6A) A magistrate must not give leave under paragraph (6)(b) unless the magistrate is of the opinion that there are substantial reasons why, in the interests of justice, the witness should be called or cross-examined. (7) In spite of subsection (2) or (3), the suspect’s interview friend may be excluded from the hearing if the interview friend unreasonably interferes with or obstructs the hearing of the application.