EVIDENCE ACT 2001 - SECT 108C Exception: evidence of persons with specialised knowledge
EVIDENCE ACT 2001 - SECT 108C
Division 4 - Persons with specialised knowledge 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 the 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.