QLDIn ForceAct
Evidence Act 1977
sec.21ANGiving of further evidence
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### sec.21AN Giving of further evidence
This section applies if the affected child has given evidence under this subdivision for a proceeding and has been excused from further attendance as a witness at the proceeding.
A party may apply to the court for an order that the child—
give further evidence under this subdivision at another preliminary hearing; or
attend at the proceeding to give further evidence.
The court must not make the order unless satisfied that—
if the child were giving evidence before a court in the ordinary way, the child could be recalled to give further evidence; and
it would be in the interests of justice to make the order.
The court must not make an order that the child attend at the proceeding to give further evidence unless satisfied it is not possible or not practical for the child to give the further evidence at another preliminary hearing.
s 21AN ins 2003 No. 55 s 60
(sec.21AN-ssec.1) This section applies if the affected child has given evidence under this subdivision for a proceeding and has been excused from further attendance as a witness at the proceeding.
(sec.21AN-ssec.2) A party may apply to the court for an order that the child— give further evidence under this subdivision at another preliminary hearing; or attend at the proceeding to give further evidence.
(sec.21AN-ssec.3) The court must not make the order unless satisfied that— if the child were giving evidence before a court in the ordinary way, the child could be recalled to give further evidence; and it would be in the interests of justice to make the order.
(sec.21AN-ssec.4) The court must not make an order that the child attend at the proceeding to give further evidence unless satisfied it is not possible or not practical for the child to give the further evidence at another preliminary hearing.
- (a) give further evidence under this subdivision at another preliminary hearing; or
- (b) attend at the proceeding to give further evidence.
- (a) if the child were giving evidence before a court in the ordinary way, the child could be recalled to give further evidence; and
- (b) it would be in the interests of justice to make the order.