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Evidence (National Uniform Legislation) Act 2011
79Exception – opinions based on specialised knowledge
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79 Exception – opinions based on specialised knowledge
(1) If a person has specialised knowledge based on the person's
training, study or experience, the opinion rule does not apply to
evidence of an opinion of that person that is wholly or substantially
based on that knowledge.
(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
development and 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 the kind
referred to in paragraph (a), a reference to an opinion relating
to either or both of the following:
(i) the development and behaviour of children generally;
Evidence (National Uniform Legislation) Act 2011 45
(ii) the development and behaviour of children who have
been victims of sexual offences, or offences similar to
sexual offences.