EVIDENCE ACT 1977 - SECT 21AB How purposes are to be achieved

EVIDENCE ACT 1977 - SECT 21AB

21AB How purposes are to be achieved

To achieve the purposes of this division, the division prescribes the following measures for an affected child when giving evidence for a relevant proceeding—

(a) for a criminal proceeding—

(i) the child’s evidence is to be prerecorded in the presence of a judicial officer, but in advance of the proceeding;

(ii) if the measure in subparagraph (i) can not be given effect, the child’s evidence is to be given at the proceeding, but with the use of an audio visual link or with the benefit of a screen;

(iii) for a committal proceeding, the child’s evidence-in chief is to be given only as a statement and, ordinarily, the child is not to be called as a witness for cross-examination;

(b) for a civil proceeding, the child’s evidence is to be given at the proceeding with the use of an audio visual link or with the benefit of a screen.