Court may issue directions about how children give evidence
102 Court may issue directions about how children give evidence
This rule applies to a child who is to give evidence in a proceeding.
Notes—
1 The child the subject of a CAO proceeding or child protection proceeding, or a child in an adoption proceeding, may be called to give evidence or cross-examined only with the leave of the court under the Child Protection Act, section 112 or the Adoption Act, section 238.
2 See the Births, Deaths and Marriages Registration Act 2023, section 75 for when a child in an acknowledgement of sex proceeding may be called to give evidence or cross-examined.
The court may make orders or issue directions about how the child is to give evidence, including—
that a person be excluded from the court room while the child gives evidence; and
that the child have a person nearby throughout the child’s evidence to support the child; and
that the child’s evidence be given with the use of technology, including an audio visual link or audio link.
Note—
The court may also make an order or issue a direction under the Evidence Act 1977, section 21A if the child is a special witness for the purpose of that section.
In making an order or issuing a direction under subrule (2), the court must—
consider as paramount—
for a decision in a CAO proceeding or child protection proceeding—the child protection principles; or
for a decision in an adoption proceeding—the adoption principles; and
Note—
For a decision in an acknowledgement of sex proceeding, see the Births, Deaths and Marriages Registration Act 2023, section 70 in relation to the court’s paramount consideration.
also consider—
any unreasonable prejudice or detriment that may be caused to a party or potential party to the proceeding; and
the requirement to provide procedural fairness to another person.
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