Victorian Consolidated Legislation

Evidence Act 1958 - SECT 41F

Improper questions

41F. Improper questions



(1) If, during cross-examination, a witness who is under the age of 18 years
or who has a cognitive impairment is asked a question that, in the opinion of
the court, is-

   (a)  confusing or misleading; or

   (b)  phrased in inappropriate language; or

   (c)  annoying, harassing, intimidating, offensive, oppressive or unduly
        repetitive-

whether because of its content, or the manner in which it is structured or
sequenced or the tone in which it is put, having regard to the matters set out
in subsection (2), the court must disallow the question or warn the witness
that he or she is not obliged to answer the question.

(2) Without limiting the matters that the court may have regard to for the
purposes of subsection (1), the court must consider-



   (a)  any relevant condition or characteristic of the witness, including his
        or her age, cultural background, personality, education and level of
        understanding; and

   (b)  any cognitive impairment that the witness is, or appears to be,
        subject to.

(3) Nothing in this section takes away from, or limits, section 39 or 40.