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Evidence (National Uniform Legislation) Act 2011
165AWarnings in relation to children's evidence
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165A Warnings in relation to children's evidence
(1) A judge in any proceeding in which evidence is given by a child
before a jury must not do any of the following:
(a) warn the jury, or suggest to the jury, that children as a class
are unreliable witnesses;
(b) warn the jury, or suggest to the jury, that the evidence of
children as a class is inherently less credible or reliable, or
requires more careful scrutiny, than the evidence of adults;
(c) give a warning, or suggestion to the jury, about the unreliability
of the particular child's evidence solely on account of the age
of the child;
(d) in the case of a criminal proceeding – give a general warning
to the jury of the danger of convicting on the uncorroborated
evidence of a witness who is a child.
(2) Subsection (1) does not prevent the judge, at the request of a party,
from:
(a) informing the jury that the evidence of the particular child may
be unreliable and the reasons why it may be unreliable; and
(b) warning or informing the jury of the need for caution in
determining whether to accept the evidence of the particular
child and the weight to be given to it;
if the party has satisfied the court that there are circumstances
(other than solely the age of the child) particular to the child that
affect the reliability of the child's evidence and that warrant the
giving of a warning or the information.
(3) This section does not affect any other power of a judge to give a
warning to, or to inform, the jury.
Evidence (National Uniform Legislation) Act 2011 106