Evidence Act 1906

(Section 106A)

[Heading inserted: No. 36 of 1992 s. 10.]

Part A

[Heading inserted: No. 36 of 1992 s. 10.]

1.

A proceeding comes within the provisions of this Schedule if —

it is a proceeding in which a person stands charged with an offence under a section or Chapter of The Criminal Code mentioned in Part B or C or under a repealed Code section or a section of the Prostitution Act 2000 mentioned in Part B —

whether as a single offence or together with any other offence as an additional or alternative count; and

whether or not the person is liable on the charge to be found guilty of any other offence;

and

the complainant was a child on the day on which proceedings for the offence were commenced; and

in the case of a proceeding for an offence mentioned in Part C or under a repealed Code section, the accused is a person to whom this paragraph applies.

In subclause (1) —

repealed Code section means a repealed section of The Criminal Code that, before it was repealed, enacted an offence constituted by acts or omissions that are substantially the same as the acts or omissions that constitute an offence under a section or Chapter of The Criminal Code that is mentioned in Part B or C, as the case requires.

2. A proceeding also comes within the provisions of the Schedule if it is an application under Part 4 or 5 of the Children and Community Services Act 2004.

3. A proceeding also comes within the provisions of the Schedule if it is a proceeding by way of appeal from a decision made, or a penalty imposed, in any proceeding that comes within clause 1 or 2.

4. Clause 1(1)(c) applies to —

a parent, step‑parent, grandparent, step‑grandparent, brother, sister, step‑brother, step‑sister, uncle, aunt, nephew or niece of the complainant and a child of any uncle or aunt of the complainant; or

a person who is or was, at the time when the offence was committed, living in the same household as the complainant; or

a person who at any time had the care of, or exercised authority over, the complainant in the household on a regular basis,

and it is immaterial whether a relationship referred to in paragraph (a) is of the whole blood or of the half blood.

[Part A inserted: No. 36 of 1992 s. 10; amended: No. 17 of 2000 s. 64; No. 71 of 2000 s. 30; No. 34 of 2004 s. 251; No. 46 of 2004 s. 29.]

Part B

[Heading inserted: No. 17 of 2000 s. 64.]

[Part B inserted: No. 17 of 2000 s. 64; amended: No. 3 of 2002 s. 35(2).]

Part C

[Heading inserted: No. 36 of 1992 s. 10.]

[Part C inserted: No. 36 of 1992 s. 10; amended: No. 82 of 1994 s. 13(4)(b); No. 4 of 2004 s. 24; No. 84 of 2004 s. 41 and 82.]