• Specific Year
    Any

EVIDENCE ACT 1906 - SECT 106A

EVIDENCE ACT 1906 - SECT 106A

106A .         Terms used

                In sections 106B to 106T and in Schedule 7, unless the contrary intention appears —

        accused

            (a)         in relation to an application referred to in clause 2 of Part A of Schedule 7 —

                  (i)         means any party to the proceeding, other than the affected child and an applicant who is an officer as defined in section 3 of the Children and Community Services Act 2004 ;

                  (ii)         in sections 106K(3)(a) and 106N as they apply to such an application, means any such party specified by the judge;

            (b)         in relation to any other Schedule 7 proceeding, a person charged with an offence;

        affected child means —

            (a)         in relation to an application referred to in clause 2 of Part A of Schedule 7, the child in respect of whom the application is made;

            (b)         in relation to any other Schedule 7 proceeding, the child upon or in respect of whom it is alleged that an offence was committed, attempted or proposed;

        child means —

            (a)         any boy or girl under the age of 18 years; and

            (b)         in the absence of positive evidence as to age, any boy or girl apparently under the age of 18 years; and

            (c)         in any proceeding in the Children’s Court, a person dealt with under the Children’s Court of Western Australia Act 1988 section 19(2), (2AA) or (2AB);

        counsel includes a solicitor;

        criminal organisation has the meaning given in The Criminal Code section 221D;

        criminal organisation offence means an offence alleged to have been committed (whether before or after the Criminal Organisations Control Act 2012 section 177 comes into operation) —

            (a)         by a person who, at the time of the commission of the alleged offence, is alleged to have been a member of a criminal organisation; or

            (b)         at the direction of a criminal organisation; or

            (c)         in association with one or more members of a criminal organisation (whether or not those members are or have been charged with, or convicted of, the offence); or

            (d)         for the benefit of a criminal organisation;

        mental impairment has the meaning given to that term by section 8 of the Criminal Law (Mentally Impaired Accused) Act 1996 ;

        proceeding means any civil or criminal proceeding or any examination in any court or before any person acting judicially, and includes a special hearing under section 106K;

        prosecutor , in relation to an application referred to in clause 2 of Part A of Schedule 7, means the applicant in that application;

        Schedule 7 proceeding means a proceeding that comes within the provisions of Schedule 7;

        serious sexual offence means —

            (a)         an offence under a section or Chapter of The Criminal Code mentioned in Part B of Schedule 7 for which the maximum penalty that may be imposed is 7 years, or more than 7 years; or

            (b)         an offence under a repealed section of The Criminal Code if —

                  (i)         the acts or omissions that constituted an offence under that section are substantially the same as the acts or omissions that constitute an offence (the new offence ) under a section or Chapter of The Criminal Code mentioned in Part B of Schedule 7; and

                  (ii)         the maximum penalty that may be imposed for the new offence is 7 years, or more than 7 years;

                or

            (c)         an offence of attempting to commit an offence described in paragraph (a) or (b);

        special witness means a person declared to be a special witness under section 106R(1);

        victim , in relation to a serious sexual offence or a criminal organisation offence, means a person upon or in respect of whom it is alleged that the offence was committed, attempted or proposed;

        visual recording means any recording on any medium from which a moving image may be produced by any means, and includes the accompanying sound track;

        visual recording of evidence means a visual recording of evidence made —

        [(a)         deleted]

            (b)         in a special hearing held pursuant to an order under section 106K or 106RA; or

            (c)         pursuant to section 106N(3a) or (5);

        visually recorded interview has the meaning given to that term in section 106HA(3).

        [Section 106A inserted: No. 36 of 1992 s. 8; amended: No. 53 of 1992 s. 37; No. 57 of 1997 s. 57; No. 71 of 2000 s. 18 and 29; No. 27 of 2002 s. 32; No. 34 of 2004 s. 251 (as amended: No. 84 of 2004 s. 85(4)); No. 46 of 2004 s. 14(1), (2) and 22(2); No. 84 of 2004 s. 41 and 85(4); No. 2 of 2008 s. 44; No. 49 of 2012 s. 177(2); No. 47 of 2020 s. 9.]