Children’s Court Rule 2000

A child or young person to whom care proceedings relate, and who has consented to give evidence in those proceedings, must not be called as a witness in those proceedings otherwise than by, or by leave of, the Court.

The Court must not call, nor give leave for the calling of, such a child or young person unless the Court has taken into consideration—

the child’s or young person’s age, maturity and level of understanding, and

the nature of the evidence that the child or young person is likely to give, and

the importance of that evidence to the decision that the Court is required to make in respect of the proceedings, and

the likely reliability of that evidence, and

the effect that the giving of evidence generally, or the giving of evidence of the nature that the child or young person is likely to give, is likely to have—

on the emotional well-being of the child or young person, and

on the child’s or young person’s relationships with other persons, and

any other matters that the Court considers appropriate.

This clause does not apply where the child or young person is called to give evidence on his or her own behalf.