Part 5: Protection for victims and witnesses in court Section 65: Prohibition of cross-examination in person in family proceedings New section 31W – Alternatives to cross-examination in person
Section 31W makes provision in relation to alternatives to cross-examination in person. It applies where a party is prevented from cross-examining in person under section 31R to 31U.
	Firstly, the court must consider whether there is a "satisfactory alternative" means for the witness to be cross-examined, or of obtaining the evidence that the witness might have given under cross-examination. An example of this might include the judge putting questions to the witness, where appropriate.
	If the court concludes that there are no satisfactory alternative means available, the court will ask the party who has been prohibited from direct cross-examination to arrange, within a specified time, a qualified legal representative (as defined in section 31W(8)(b)) to cross-examine the witness on their behalf, and to notify the court of the arrangements.
	If, after the specified time, the party has either notified the court that there is no qualified legal representative to act for them for the purposes of cross-examining the witness, or the court has not received any notification and it appears to the court that no legal representative will cross-examine the witness, then the court must consider whether it is necessary in the interests of justice for the witness to be cross-examined by a court-appointed qualified legal representative. If the court decides it is necessary in the interests of justice, then it must appoint such a qualified legal representative to cross-examine the witness in the interests of the party. This legal representative, appointed by the court, is not responsible to the party.