Victorian Consolidated Legislation

Evidence Act 1958 - SECT 41C

Evidence of specialised knowledge to determine competency

41C. Evidence of specialised knowledge to determine competency

If, in a legal proceeding that relates (wholly or partly) to a charge for a
sexual offence, a child or a person with a cognitive impairment is called as a
witness, the court may receive evidence of a person's opinion that is based on
that person's specialised knowledge (acquired through training, study or
experience) for the purpose of determining whether or not the child or person
is competent to give sworn or unsworn evidence. Note Section 23 provides for
the giving of evidence by children and persons with a cognitive impairment.