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Evidence Act 1939
21GDefinitions
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21G Definitions
complainant, for a domestic violence offence proceeding, means
an adult against whom a domestic violence offence the subject of
the proceeding is alleged, or has been found, to have been
committed.
domestic violence, see section 5 of the Domestic and Family
Violence Act 2007.
Evidence Act 1939 12
domestic violence offence means:
(a) an offence constituted by, or involving, conduct that is
domestic violence; or
(b) an offence against section 120(1) of the Domestic and Family
Violence Act 2007.
domestic violence offence proceeding means a proceeding for a
domestic violence offence.
recorded statement means an interview, recorded on video-tape
or by other audiovisual means, in which a police officer elicits from
a complainant statements of fact that, if true, would be of relevance
to a domestic violence offence proceeding.
21GA Expert evidence for domestic violence
(1) If evidence of domestic violence is relevant to a fact in issue in a
domestic violence offence proceeding, the court may admit expert
domestic violence evidence.
(2) For subsection (1), expert domestic violence evidence includes
evidence about the following:
(a) the nature of domestic violence;
(b) the effects of domestic violence on a person;
(c) the effects of domestic violence on the complainant in
particular;
(d) the effects of domestic violence on a child or young person.
(3) Before admitting the expert domestic violence evidence, the court
must be satisfied that the expert giving the evidence demonstrates
specialist knowledge that was gained by training, study or
experience of a matter that is of relevance to a fact in issue in the
domestic violence offence proceeding.