Crimes Act 1914

Evidence of a child witness’ or child complainant’s experience with respect to sexual activities is inadmissible in a child proceeding, unless the court gives leave.

The court must not give leave unless satisfied that:

the evidence is substantially relevant to facts in issue in the proceeding; and

the evidence has substantial probative value; and

either:

the evidence is of sexual activity that is alleged to form part of a connected set of circumstances in which the alleged offence was committed; or

if the evidence is of sexual activities with a defendant in the proceeding—the evidence relates to sexual activity that occurred or was recent at the time of the commission of the alleged offence.

For the purposes of paragraph (2)(a), the evidence is not to be treated as being substantially relevant to facts in issue merely because of inferences it may raise as to the child witness’ or child complainant’s general disposition.

Without limiting the matters to which the court may have regard in deciding whether the evidence has substantial probative value for the purposes of paragraph (2)(b), it is to have regard to:

whether the evidence tends to prove that the witness knowingly or recklessly made a false representation when the witness was under an obligation to tell the truth; and

the period that has elapsed since the acts or events to which the evidence relates were done or occurred; and

whether the probative value of the evidence outweighs any distress, humiliation or embarrassment to the child witness or child complainant.

This section does not apply if the child is a defendant in the proceeding.