Childrens Court Rules 2016

The court may issue a direction about evidence in a child protection proceeding or an acknowledgement of sex proceeding, including about the following—

how evidence is to be given by a witness, including whether the witness is to give evidence orally or by affidavit;

for an acknowledgement of sex proceeding started by an application made under the Births, Deaths and Marriages Registration Act 2023, section 45 or 56 by a child—how the child is to give evidence, including whether the child is to give evidence orally, by affidavit or in another way the court considers appropriate;

the filing of affidavits;

the content of an affidavit to be used in the proceeding;

a direction about the admission of facts or documents;

whether to exempt a witness from attending an appearance in the proceeding;

reducing the costs of a proceeding relating to the appearance of a witness appearing in the proceeding;

the return date for subpoenas;

the way the court is to be informed of a particular matter.

In deciding whether to give a direction under subrule (1)(b), the court must have regard to the following matters—

the child’s age;

whether the child is legally represented;

the nature of the evidence to be given by the child;

whether the child’s evidence may be given in another way.