Section 13 of the Evidence Act 2008 (Vic) requires assessment of a witness's capacity to understand questions and give comprehensible answers, not the reliability or credibility of those answers. A neuropsychological opinion that a witness cannot distinguish truth from lies or is suggestible goes to credibility and reliability, not to competence under s 13(1). A competence determination is not static and may be revisited on a fact-by-fact basis. Courts should ensure that persons providing information for competence determinations under s 13(8) possess relevant specialised knowledge with respect to the specific disability in question.
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