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Evidence (National Uniform Legislation) Act 2011
108CException – evidence of persons with specialised knowledge
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108C Exception – evidence of persons with specialised knowledge
(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):
(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
(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.