106BApplication by defendant for family violence complainant to give evidence in ordinary way or different alternative way

1. Despite section 106A, a defendant may apply to a Judge for a direction that a family violence complainant give evidence or any part of his or her evidence in the ordinary way under section 83 or in a different alternative way under section 105.

2. Unless a Judge permits otherwise, the application must be made no later than when a case management memorandum (for a Judge-alone trial) or a trial callover memorandum (for a jury trial) is filed under the Criminal Procedure Act 2011.

3. Before giving a direction under this section, the Judge—

4. must give each party an opportunity to be heard in chambers; and
5. may call for and receive a report, from any person considered by the Judge to be qualified to advise, on the effect on the complainant of giving evidence in the ordinary way or any alternative way.

6. When considering whether to give a direction under this section, the Judge must have regard to—

7. whether the interests of justice require a departure from the usual procedure under section 106A in the particular case; and
8. the matters in section 103(3) and (4).