sec.9BCompetency to give sworn evidence

### sec.9B Competency to give sworn evidence This section applies if, in a particular case, an issue is raised, by a party to the proceeding or the court, about the competency of a person called as a witness in the proceeding to give evidence on oath. The person is competent to give evidence in the proceeding on oath if, in the court’s opinion, the person understands that— the giving of evidence is a serious matter; and in giving evidence, he or she has an obligation to tell the truth that is over and above the ordinary duty to tell the truth. If the person is competent to give evidence in the proceeding but is not competent to give the evidence on oath, the court must explain to the person the duty of speaking the truth. The Oaths Act 1867 , section 17 , makes provision for a person called as a witness to make his or her solemn affirmation instead of being sworn. s 9B ins 2003 No. 55 s 57 (sec.9B-ssec.1) This section applies if, in a particular case, an issue is raised, by a party to the proceeding or the court, about the competency of a person called as a witness in the proceeding to give evidence on oath. (sec.9B-ssec.2) The person is competent to give evidence in the proceeding on oath if, in the court’s opinion, the person understands that— the giving of evidence is a serious matter; and in giving evidence, he or she has an obligation to tell the truth that is over and above the ordinary duty to tell the truth. (sec.9B-ssec.3) If the person is competent to give evidence in the proceeding but is not competent to give the evidence on oath, the court must explain to the person the duty of speaking the truth. The Oaths Act 1867 , section 17 , makes provision for a person called as a witness to make his or her solemn affirmation instead of being sworn. - (a) the giving of evidence is a serious matter; and - (b) in giving evidence, he or she has an obligation to tell the truth that is over and above the ordinary duty to tell the truth.