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EVIDENCE ACT 1995 - SECT 108C Exception: evidence of persons with specialised knowledge

EVIDENCE ACT 1995 - SECT 108C

Exception: evidence of persons with specialised knowledge

  (1)   The credibility rule does not apply to evidence given by a person concerning the credibility of another witness if:

  (a)   the person has specialised knowledge based on the person's training, study or experience; and

  (b)   the evidence is evidence of an opinion of the person that:

  (i)   is wholly or substantially based on that knowledge; and

  (ii)   could substantially affect the assessment of the credibility of a witness; and

  (c)   the court gives leave to adduce the evidence.

  (2)   To avoid doubt, and without limiting subsection   ( 1):

  (a)   a reference in that subsection to specialised knowledge includes a reference to specialised knowledge of child development and child behaviour (including specialised knowledge of the impact of sexual abuse on children and their behaviour during and following the abuse); and

  (b)   a reference in that subsection to an opinion of a person includes, if the person has specialised knowledge of that kind, a reference to an opinion relating to either or both of the following:

  (i)   the development and behaviour of children generally;

  (ii)   the development and behaviour of children who have been victims of sexual offences, or offences similar to sexual offences.