Victorian Consolidated Legislation

Evidence Act 2008 - SECT 79

Exception-opinions based on specialised knowledge

79. Exception-opinions based on specialised knowledge



(1) If a person has specialised knowledge based on the person's training,
study or experience, the opinion rule does not apply to evidence of an opinion
of that person that is wholly or substantially based on that knowledge.





(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 development and 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 the kind referred to in
        paragraph (a), 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.