Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 21AC

In this division--

affected child means a child who is a witness in a relevant proceeding and who is not a defendant in the proceeding.

child see section 21AD.

civil proceeding arising from the commission of a relevant offence does not include a proceeding for a domestic violence order under the Domestic and Family Violence Protection Act 1989.

counsel includes solicitor.

defendant means--

(a) in a criminal proceeding--a person charged with an offence; or

(b) in a civil proceeding arising from the commission of a relevant offence--a person whose act or omission is complained of.

offence involving violence means an offence against any of the following provisions of the Criminal Code--

* a provision of chapter 28

* a provision of chapter 29 other than section 317A, 318, 319, 321, 321A, 327, 329, 330, 333 or 334

* sections 335, 339, 340, 354, 354A and 355

* a provision of chapter 33A

* sections 363, 363A and 364.

offence of a sexual nature means an offence against any of the following provisions of the Criminal Code--

* a provision of chapter 22 other than section 224, 225 or 226

* a provision of chapter 32.

preliminary hearing means a hearing under section 21AK.

prescribed relationship, between a child who is a witness in a proceeding and a defendant in the proceeding, means any of the following--

(a) a relationship, regardless of whether it is a half, adoptive or step relationship, where the defendant is--

(i) a parent of the child; or

(ii) a grandparent of the child; or

(iii) a brother or sister of the child; or

(iv) an uncle, aunt, nephew, niece or cousin of the child;

(b) a relationship arising because, at the time of the alleged offence with which the defendant is charged, the defendant lived in the same household as the child;

(c) a relationship arising because the defendant had the care of, or exercised authority over, the child in a household on a regular basis.

proceeding means any civil or criminal proceeding, including a preliminary hearing.

relevant offence, in relation to a proceeding, means--

(a) an offence of a sexual nature; or

(b) an offence involving violence, if there is a prescribed relationship between a child who is a witness in the proceeding and a defendant in the proceeding.

relevant proceeding means--

(a) a criminal proceeding for a relevant offence, whether or not the proceeding also relates to other offences; or

(b) a civil proceeding arising from the commission of a relevant offence.

step relationship includes a relationship corresponding to a step relationship arising because of cohabitation in a de facto relationship or because of a foster relationship or a legal arrangement.