A statement made by a complainant who was under 16 at the time of making the statement is not admissible under s 93A of the Evidence Act 1977 (Qld) if the complainant has turned 16 by the time evidence is given in the proceeding. The availability requirement in s 93A(1)(b) is satisfied where the complainant gave evidence at a preliminary hearing under s 21AK that forms part of the same proceeding as the trial, and the opposing party did not require the maker to be called under s 93A(3).
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