TASIn ForceAct
Evidence Act 2001
108CException: evidence of persons with specialised knowledge
Start here
Get a plain-English read of 108C
Turn the raw legal text into a practical explanation grounded in Evidence Act 2001.
### 108C Exception: evidence of persons with specialised knowledge
> [*\[Section 108C Inserted by No. 46 of 2010, s. 30, Applied:01 Jan 2011\]*](/view/html/inforce/2011-01-01/act-2010-046#GS30@EN)
>
> > (1) The credibility rule does not apply to evidence given by a person concerning the credibility of another witness if –
> >
> > > > (a) the person has specialised knowledge based on the person's training, study or experience; and
> > >
> > > > (b) the evidence is evidence of an opinion of the person that –
> > > >
> > > > > > (i) is wholly or substantially based on that knowledge; and
> > > > >
> > > > > > (ii) could substantially affect the assessment of the credibility of the witness; and
> > >
> > > > (c) the court gives leave to adduce the evidence.
>
> > (2) To avoid doubt, and without limiting [subsection (1)](#GS108C@Gs1@EN) –
> >
> > > > (a) a reference in that subsection to specialised knowledge includes a reference to specialised knowledge of child development and child behaviour (including specialised knowledge of the impact of sexual abuse on children and their behaviour during and following the abuse); and
> > >
> > > > (b) a reference in that subsection to an opinion of a person includes, if the person has specialised knowledge of that kind, a reference to an opinion relating to either or both of the following:
> > > >
> > > > > > (i) the development and behaviour of children generally;
> > > > >
> > > > > > (ii) the development and behaviour of children who have been victims of sexual offences, or offences similar to sexual offences.