EVIDENCE ACT 1906 - SECT 19F

EVIDENCE ACT 1906 - SECT 19F

19F .         Determination of application

        (1)         If the court is satisfied as to the matters set out in section 19E(1)(a) and (b), the court is to determine the application for leave.

        (2)         The court may, if it thinks it necessary in order to enable it to determine the application, conduct a preliminary examination of the evidence that is the subject of the application.

        (3)         For the purpose of a preliminary examination the court may require a protected person —

            (a)         to provide written answers to questions; or

            (b)         to appear for oral examination.

        (4)         A preliminary examination is to be conducted in the absence of the parties.

        [Section 19F inserted: No. 46 of 2004 s. 10.]