• Specific Year
    Any

EVIDENCE (CHILDREN) ACT 1997 - SECT 27 Children have a right to presence of a supportive person while giving evidence

This legislation has been repealed.

EVIDENCE (CHILDREN) ACT 1997 - SECT 27

Children have a right to presence of a supportive person while giving evidence

27 Children have a right to presence of a supportive person while giving evidence

(cf Crimes Act s 405CA)

(1) This section applies to:
(a) a criminal proceeding in any court, and
(b) a civil proceeding arising from the commission of a personal assault offence, and
(c) a proceeding in relation to a complaint for an apprehended violence order, and
(d) a proceeding before the Victims Compensation Tribunal in respect of the hearing of a matter arising from the commission of a personal assault offence that is the subject of an appeal or a reference to it, and
(e) a proceeding in relation to an application for a child protection prohibition order or to vary or revoke any such order.
(2) A child who gives evidence in a proceeding to which this section applies is entitled to choose a person whom the child would like to have present near him or her when giving evidence.
(3) Without limiting a child's right to choose such a person, that person:
(a) may be a parent, guardian, relative, friend or support person of the child, and
(b) may be with the child as an interpreter, for the purpose of assisting the child with any difficulty in giving evidence associated with a disability, or for the purpose of providing the child with other support.
(4) To the extent that the court or tribunal considers it reasonable to do so, the court or tribunal must make whatever direction is appropriate to give effect to a child's decision to have such a person present near the child, and within the child's sight, when the child is giving evidence.
(5) The court or tribunal may permit more than one support person to be present with the child if the court or tribunal thinks that it is in the interests of justice to do so.
(6) This section extends to a child who is the accused or the defendant in the relevant proceeding.
Note: This section does not apply if the child giving evidence is a complainant in proceedings for a prescribed sexual offence. In that case, section 294C of the Criminal Procedure Act 1986 sets out the entitlements of the child to have one or more support persons present when giving evidence.