QLDIn ForceAct
Evidence Act 1977
sec.21ADMeaning of child
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### sec.21AD Meaning of child
For the purposes of a proceeding for this division, a child is—
if the proceeding is a criminal proceeding—
an individual who is under 16 years when the first of the following happens—
the defendant in the proceeding is arrested;
a complaint is made under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding;
a notice to appear is served on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 ; or
an individual who is 16 or 17 years when the first of the matters mentioned in subparagraph (i) happens and who is a special witness; or
if the proceeding is a civil proceeding arising from the commission of a relevant offence—
an individual who is under 16 years when the proceeding starts; or
an individual who is 16 or 17 years when the proceeding starts and who is a special witness.
An individual remains a child for the purposes of giving evidence for a proceeding if the child gives evidence for the proceeding at any time before the child turns 18 years.
s 21AD ins 2003 No. 55 s 60
amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )
(sec.21AD-ssec.1) For the purposes of a proceeding for this division, a child is— if the proceeding is a criminal proceeding— an individual who is under 16 years when the first of the following happens— the defendant in the proceeding is arrested; a complaint is made under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; a notice to appear is served on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 ; or an individual who is 16 or 17 years when the first of the matters mentioned in subparagraph (i) happens and who is a special witness; or if the proceeding is a civil proceeding arising from the commission of a relevant offence— an individual who is under 16 years when the proceeding starts; or an individual who is 16 or 17 years when the proceeding starts and who is a special witness.
(sec.21AD-ssec.2) An individual remains a child for the purposes of giving evidence for a proceeding if the child gives evidence for the proceeding at any time before the child turns 18 years.
- (a) if the proceeding is a criminal proceeding— (i) an individual who is under 16 years when the first of the following happens— (A) the defendant in the proceeding is arrested; (B) a complaint is made under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; (C) a notice to appear is served on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 ; or (ii) an individual who is 16 or 17 years when the first of the matters mentioned in subparagraph (i) happens and who is a special witness; or
- (i) an individual who is under 16 years when the first of the following happens— (A) the defendant in the proceeding is arrested; (B) a complaint is made under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; (C) a notice to appear is served on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 ; or
- (A) the defendant in the proceeding is arrested;
- (B) a complaint is made under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding;
- (C) a notice to appear is served on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 ; or
- (ii) an individual who is 16 or 17 years when the first of the matters mentioned in subparagraph (i) happens and who is a special witness; or
- (b) if the proceeding is a civil proceeding arising from the commission of a relevant offence— (i) an individual who is under 16 years when the proceeding starts; or (ii) an individual who is 16 or 17 years when the proceeding starts and who is a special witness.
- (i) an individual who is under 16 years when the proceeding starts; or
- (ii) an individual who is 16 or 17 years when the proceeding starts and who is a special witness.
- (i) an individual who is under 16 years when the first of the following happens— (A) the defendant in the proceeding is arrested; (B) a complaint is made under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding; (C) a notice to appear is served on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 ; or
- (A) the defendant in the proceeding is arrested;
- (B) a complaint is made under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding;
- (C) a notice to appear is served on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 ; or
- (ii) an individual who is 16 or 17 years when the first of the matters mentioned in subparagraph (i) happens and who is a special witness; or
- (A) the defendant in the proceeding is arrested;
- (B) a complaint is made under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding;
- (C) a notice to appear is served on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 ; or
- (i) an individual who is under 16 years when the proceeding starts; or
- (ii) an individual who is 16 or 17 years when the proceeding starts and who is a special witness.