---
title: "Personal cross-examination ban: section 102NA checklist and the Commonwealth scheme"
url: "https://ailawframework.com/precedents/family-violence-and-protection-orders/personal-cross-examination-ban-checklist"
type: "precedent"
site: "AI Law Framework"
id: "a53-personal-cross-examination-ban-checklist"
area_id: "A53"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A53-E20261018-4"]
law_stated_as_at: "2026-10-22"
---

# Personal cross-examination ban: section 102NA checklist and the Commonwealth scheme

> Checklist for whether section 102NA stops a party cross-examining another party in person, and for applying in time to the Commonwealth family violence cross-examination scheme.

Canonical page: https://ailawframework.com/precedents/family-violence-and-protection-orders/personal-cross-examination-ban-checklist  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Family Violence & Protection Orders](https://ailawframework.com/precedents/family-violence-and-protection-orders.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 3 authorities it cites, for Australia and Commonwealth.

## When to use it

Use in any proceeding under the Family Law Act where there is an allegation of family violence between the parties and a hearing will involve cross-examination. The Court's information sheet says the ban is not limited to parenting cases.

## Used for these tasks

- [Seek protection from personal cross-examination and arrange safe attendance at the hearing](https://ailawframework.com/practice/family-violence-and-protection-orders/seek-protection-from-personal-cross-examination-and-arrange-safe-attenda.md)

## How AI may be used

AI may tick which of the four conditions is mentioned in the file. The lawyer decides whether the ban applies and whether to apply to the scheme.

**AI may:**

- List orders, charges and injunctions named on the file against the four conditions
- Calculate 12 weeks before the final hearing date the lawyer supplies
- Note whether each party has a lawyer on the record

**AI must not:**

- Must not say the ban applies or does not apply
- Must not draft cross-examination questions
- Must not describe section 102NB beyond what the Court's information sheet states

**The lawyer checks:**

- There is an allegation of family violence between the examining party and the witness party, and at least one of the four conditions in s 102NA(1)(c) is met, or an order under subparagraph (iv) is sought
- The client understands that if the ban applies and they have no lawyer, they cannot cross-examine the other party
- A scheme application, if made, is lodged with the legal aid commission at least 12 weeks before the final hearing, as the Court states
- Where the ban does not apply, the Court's statement that section 102NB requires alternative protections is followed up by reading that section

## Authorities

- [Family Law Act 1975 (Cth) s 102NA (mandatory ban on personal cross-examination where there is an allegation of family violence and one of the four conditions is met; both the examiner and the witness are protected)](https://classic.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s102na.html)
- [Federal Circuit and Family Court of Australia, Family violence information sheet (the four triggers; s 102NB where the ban does not apply; scheme applications at least 12 weeks before the final hearing)](https://www.fcfcoa.gov.au/fl/pubs/fv-info-sheet)
- [Legal Aid NSW, Family Violence and Cross-Examination of Parties Scheme (s 102NA; representation at the final hearing through the scheme, administered in NSW by Legal Aid NSW)](https://www.legalaid.nsw.gov.au/for-lawyers/schemes/family-cross-examination-of-parties-scheme)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/family-violence-and-protection-orders/personal-cross-examination-ban-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*