Under the majority construction (McMurdo P and Jerrard JA), a statement cannot be tendered under s 93A of the Evidence Act 1977 (Qld) unless the maker is a 'child' as defined at the time of the proceeding, not merely at the time the statement was made. Under Holmes J's construction, s 93A(1)(b) does not impose this requirement, but s 93A(1)(a) requires that the maker have the status of special witness at the time of making the statement, which requires a court opinion to exist at that time. The split in reasoning leaves some uncertainty as to the precise temporal requirements for s 93A admissibility.
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