Document ID: chunk:federal_register_of_legislation:C2011C00176:clause:1_108c
Version: federal_register_of_legislation:C2011C00176
Segment Type: clause
Provision Reference: sch 1 cl 108C
Character Range: 26459–27730

108C  Exception: evidence of persons with specialised knowledge

 (1) The credibility rule does not apply to evidence given by a person concerning the credibility of another witness if:
 (a) the person has specialised knowledge based on the person's training, study or experience; and
 (b) the evidence is evidence of an opinion of the person that:
 (i) is wholly or substantially based on that knowledge; and
 (ii) could substantially affect the assessment of the credibility of a witness; and
 (c) the court gives leave to adduce the evidence.

 (2) To avoid doubt, and without limiting subsection (1):
 (a) a reference in that subsection to specialised knowledge includes a reference to specialised knowledge of child development and child behaviour (including specialised knowledge of the impact of sexual abuse on children and their behaviour during and following the abuse); and
 (b) a reference in that subsection to an opinion of a person includes, if the person has specialised knowledge of that kind, a reference to an opinion relating to either or both of the following:
 (i) the development and behaviour of children generally;
 (ii) the development and behaviour of children who have been victims of sexual offences, or offences similar to sexual offences.