Victorian Consolidated Legislation

Evidence Act 2008 - SECT 23

Choice of oath or affirmation

23. Choice of oath or affirmation



(1) A person who is to be a witness or act as an interpreter in a proceeding
may choose whether to take an oath or make an affirmation.

(2) The court is to inform the person that he or she has this choice, unless
the court is satisfied that the person has already been informed or knows that
he or she has the choice.

(3) The court may direct a person who is to be a witness to make an
affirmation if-

   (a)  the person refuses to choose whether to take an oath or make an
        affirmation; or

   (b)  it is not reasonably practicable for the person to take an appropriate
        oath.

Note Subsection (2) differs from section 23 of the Commonwealth Act.