21DPrinciples in relation to child witnesses

21D Principles in relation to child witnesses (1) It is the intention of the Legislative Assembly that, as children tend to be vulnerable in dealings with persons in authority (including courts and lawyers), child witnesses be given the benefit of special measures. (2) If a witness is a child, the court must have regard to the following principles: (a) the court must take measures to limit, to the greatest extent practicable, the distress or trauma suffered (or likely to be suffered) by the child when giving evidence; (b) the child must be treated with dignity, respect and compassion; (c) the child must not be intimidated when giving evidence; (d) proceedings in which a child is a witness should be resolved as quickly as possible; (e) all efforts must be made to ensure that matters that may delay or interrupt a child's evidence in a proceeding are determined before a special sitting or trial commences. (3) However, if the court is satisfied that a child witness is able, and wants, to give evidence in the presence of the defendant, special measures are not to be taken, contrary to the wishes of the child, to protect the child from the apprehended distress or trauma of giving evidence in the presence of the defendant.