Evidence Act 1995

A judge in any proceeding in which evidence is given by a child before a jury must not do any of the following:

warn the jury, or suggest to the jury, that children as a class are unreliable witnesses;

warn the jury, or suggest to the jury, that the evidence of children as a class is inherently less credible or reliable, or requires more careful scrutiny, than the evidence of adults;

give a warning, or suggestion to the jury, about the unreliability of the particular child’s evidence solely on account of the age of the child;

in the case of a criminal proceeding—give a general warning to the jury of the danger of convicting on the uncorroborated evidence of a witness who is a child.

Subsection (1) does not prevent the judge, at the request of a party, from:

informing the jury that the evidence of the particular child may be unreliable and the reasons why it may be unreliable; and

warning or informing the jury of the need for caution in determining whether to accept the evidence of the particular child and the weight to be given to it;

This section does not affect any other power of a judge to give a warning to, or to inform, the jury.