I agree with you. This is a clause that is definitely not going to be applied all of the time. There are a few things that we would like to highlight about this clause. One of them is that this clause is a discretionary provision. It is going to require the judge to take into account a lot of different considerations. There is some case law to support this kind of a provision in the right sort of circumstances. Certainly, the considerations that the judge needs to go through are quite thorough. There are a lot of different things they need to consider.
One of the things that we like included in this provision is whether or not the witness needs the order for their own security, or to protect them from intimidation or retaliation, which I think is an important consideration. You shouldn't need to fear giving testimony in this country.