sec.102Court may issue directions about how children give evidence

sec.102 Court may issue directions about how children give evidence

This rule applies to a child who is to give evidence in a proceeding. The child the subject of a CAO proceeding or child protection proceeding, or a child in an adoption proceeding, may be called to give evidence or cross-examined only with the leave of the court under the Child Protection Act , section 112 or the Adoption Act , section 238 . See the Births, Deaths and Marriages Registration Act 2023 , section 75 for when a child in an acknowledgement of sex proceeding may be called to give evidence or cross-examined. The court may make orders or issue directions about how the child is to give evidence, including— that a person be excluded from the court room while the child gives evidence; and that the child have a person nearby throughout the child’s evidence to support the child; and that the child’s evidence be given with the use of technology, including an audio visual link or audio link. The court may also make an order or issue a direction under the Evidence Act 1977 , section 21A if the child is a special witness for the purpose of that section. In making an order or issuing a direction under subrule (2) , the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration. also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person. r 102 amd 2024 SL No. 76 s 39 ; 2024 Act No. 48 s 49 sch 1 pt 3 (sec.102-ssec.1) This rule applies to a child who is to give evidence in a proceeding. The child the subject of a CAO proceeding or child protection proceeding, or a child in an adoption proceeding, may be called to give evidence or cross-examined only with the leave of the court under the Child Protection Act , section 112 or the Adoption Act , section 238 . See the Births, Deaths and Marriages Registration Act 2023 , section 75 for when a child in an acknowledgement of sex proceeding may be called to give evidence or cross-examined. (sec.102-ssec.2) The court may make orders or issue directions about how the child is to give evidence, including— that a person be excluded from the court room while the child gives evidence; and that the child have a person nearby throughout the child’s evidence to support the child; and that the child’s evidence be given with the use of technology, including an audio visual link or audio link. The court may also make an order or issue a direction under the Evidence Act 1977 , section 21A if the child is a special witness for the purpose of that section. (sec.102-ssec.3) In making an order or issuing a direction under subrule (2) , the court must— consider as paramount— for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or for a decision in an adoption proceeding—the adoption principles; and For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023 , section 70 in relation to the court’s paramount consideration. also consider— any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and the requirement to provide procedural fairness to another person.