Evidence Act 1939

In a proceeding arising from a charge of a sexual offence or a serious violence offence, the court may, despite the rule against hearsay evidence, admit evidence of a statement made by a child to another person as evidence of facts in issue if the Court considers the evidence of sufficient probative value to justify its admission.

In a preliminary examination under Part V, Division 1 of the Local Court (Criminal Procedure) Act 1928, the child whose evidence is admitted under subsection (1) cannot be cross-examined in relation to the statement.

An accused person cannot be convicted solely on the basis of hearsay evidence admitted under subsection (1).