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CRIMES (CHILD VICTIM EVIDENCE) AMENDMENT BILL 1990

Act No. 49 of 1990

CRIMES (CHILD VICTIM EVIDENCE) AMENDMENT BILL

1990

NEW SOUTH WALES
EXPLANATORY NOTE

(This Explanatory Note relates to this Bill as introduced into Parliament)

The object of this Bill is to amend the Crimes Act 1900 so as to enable the child
victims of sexual assaults to give evidence using closed-circuit television facilities and
to also enable the use of alternative arrangements for the giving of evidence by those
victims as well as child victims of other personal assault offences.

Clause 1 specifies the short title of the proposed Act.

Clause 2 provides that the proposed Act commences on a day or days to be
appointed by proclamation.

Clause 3 is a formal provision that gives effect to the Schedule of amendments to
the Crimes Act 1900.

Clause 4 repeals an uncommenced amendment to the Crimes Act 1900 relating
to the giving of evidence by child victims, contained in the Crimes (Personal and
Family Violence) Amendment Act 1987.

SCHEDULE 1 - AMENDMENT OF CRIMES ACT 1900

Schedule 1 (2) inserts the following proposed sections:

* Proposed section 405D enables a court, in criminal proceedings relating to
an alleged sexual offence against a child aged 1 6 or under and on the
prosecution's application, to make an order permitting the child to give
evidence by means of closed-circuit television facilities.

* Proposed section 405E sets out the way in which closed-circuit television
facilities are to be used and enables regulations and rules of court to be made
with respect to their use.

Crimes (Child Victim Evidence) Amendment 1990
* Proposed section 405F enables a court, in criminal proceedings relating to
an alleged personal assault offence against a child aged 16 or under, on the
prosecution's application or its own motion, to direct that alternative
arrangements are to be used for the giving of evidence by the child. Such
arrangements may include the use of particular seating arrangements, the
use of screens and adjournment to other premises.

* Proposed section 405G makes it clear that any premises to which
proceedings are adjourned under proposed section 405D or 405F are to be
taken to be part of the court.

* Proposed section 405H requires the Judge or Magistrate to warn the jury not
to draw adverse inferences when evidence is given by a means or using an
arrangement permitted under proposed section 405D or 405F.

* Proposed section 405I provides that the validity of proceedings is not
affected by the failure of a child to give evidence in accordance with an order
under proposed section 405D or a direction under proposed section 405E
Schedule 1 (1) makes a consequential amendment.

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