(1) This section applies only in criminal proceedings and subject to subsections (11) to (13).
(2) A person who is the spouse, the defacto spouse, a parent or a child of a defendant may object to being required to give evidence as a witness for the prosecution.
(3) The spouse, defacto spouse or parent or a child referred to in subsection (2) may object to his or her being required to give evidence either before he or she gives evidence or as soon as practicable after he or she becomes aware of his or her right to object, whichever is the later.
(4) A witness who is the spouse, the defacto spouse, a parent or a child of a defendant may object to being required to give evidence of a communication made between the witness and that defendant.
(5) Where it appears to the court that a witness may have a right to make an objection under subsection (2) or (4), the court shall inform the witness of his or her right to make the objection.
(6) If there is a jury, the court shall hear and determine the objection made pursuant to subsection (2) or (4) in the absence of the jury.
(7) Where, on an objection under subsection (2) or (4), the Court finds that—
(a) the likelihood of the harm that would or might be caused, whether directly or indirectly, by the witness giving evidence, or giving evidence of the communication, as the case may be, to—
(i) the person who made the objection, or
(ii) the relationship between that person and the defendant concerned; and
(b) the nature and extent of any harm referred to in subparagraph (a);
outweigh the desirability of having the evidence given, the person shall not be required to give the evidence.
(8) For the purposes of subsection (7), the matters that the court shall take into account include—
(a) the nature and gravity of the offence for which the defendant is being prosecuted;
(b) the substance and importance of any evidence that the person might give and the weight that is likely to be attached to it;
(c) whether any other evidence concerning the matters to which the evidence of the witness would relate is reasonably available to the prosecutor;
(d) the nature of the relationship between the defendant and the person; and
(e) whether, in giving the evidence, the witness would have to disclose matter that was received by the witness in confidence from the defendant.
(9) Where the objection has been determined pursuant to this section, the prosecutor may not comment on the objection, on the decision of the court in relation to the objection, or on the failure of the person to give evidence.
(10) In this section—
(a) a reference to a child is a reference to a child of any age and includes a reference to an adopted child;
(b) a reference to a parent, in relation to a person, includes a reference to an adoptive parent of that person; and
(c) a reference to the de facto spouse of a person is a reference to a person of the opposite sex to the first-mentioned person who is living with the first-mentioned person as that person's husband or wife although they are not legally married to each other.
(11) The wife or husband of a person charged with an offence under any enactment mentioned in Schedule 1 may be called as a witness either for the prosecution or defence and without the consent of the person charged and if so called, despite any other law to the contrary is compellable as a witness.
(12) Nothing in this Act shall affect a case where the wife or husband of a person charged with an offence may, at common law, be called as a witness without the consent of that person.
(13) The parent or guardian of a minor in respect of whom an offence has been committed under any enactment mentioned in Schedule 1 may be called as a witness for the prosecution or the defence without the consent of the person charged and if so called despite any other law to the contrary is a compellable witness.
(14) On the trial of any indictment or other proceedings for the non-repair of any public highway or bridge or for a nuisance to any public highway, river or bridge, and of any other indictment or proceeding instituted for the purpose of trying or enforcing a civil right only, every defendant to such indictment or proceedings, and the wife or husband of any such defendant, shall be compellable to give evidence.
(15) The Minister may by order published in the Gazette amend Schedule 1.