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Schedule 6—Protecting vulnerable persons

Schedule 6 Protecting vulnerable persons

   

Crimes Act 1914

1  Subsection 15YR(6)

Repeal the subsection, substitute:

             (6)  An application for leave under this section must be in writing.

             (7)  A person who makes an application for leave under this section must take reasonable steps to give written notice of the application to each of the following:

                     (a)  the prosecutor in the proceeding;

                     (b)  each defendant in the proceeding;

                     (c)  each other party to the proceeding to whom subsection (1A) applies.

             (8)  If a party referred to in paragraph (7)(c) is a child at the time the application is made, the notice must be given to a parent, guardian or legal representative of the party.

             (9)  A notice under subsection (7) must:

                     (a)  be given no later than 3 business days before the day the application is to be heard; and

                     (b)  be accompanied by a copy of the application.

           (10)  An application for leave under this section must not be determined unless the court:

                     (a)  is satisfied the applicant has taken reasonable steps to give notice of the application in accordance with subsections (7), (8) and (9); and

                     (b)  has considered such submissions and other evidence as it thinks necessary for determining the application.

2  Application of amendment

The amendment of section 15YR of the Crimes Act 1914 made by this Schedule applies in relation to applications made on or after the commencement of this Schedule.