Evidence (Children and Special Witnesses) Act 2001 (Tas)

Evidence (Children and Special Witnesses) Act 2001

An Act to provide for the taking of evidence from children and special witnesses [Royal Assent 17 December 2001]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Evidence (Children and Special Witnesses) Act 2001 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation In this Act – affected child means a child – (a) in respect of whom an application under section 42 of the Children, Young Persons and Their Families Act 1997 is made; or (ab) who is giving, or is to give, evidence in respect of family violence, within the meaning of the Family Violence Act 2004 , or a crime under section 158 or 159 of the Criminal Code; or (b) upon or in respect of whom any of the following crimes is alleged to have been committed: (i) a crime under section 122 , 124 , 124A , 124B , 124C , 125 , 125A , 125B , 125C , 125D , 126 , 127 , 127A , 128 , 129 , 130 , 133 , 137 , 170 , 172 , 178 , 178A , 183 , 185 , 186 , 191A , 240 or 240A of the Criminal Code or a crime under section 9 of the Sex Industry Offences Act 2005 ; (ii) a crime under section 298 , 299 or 300 of the Criminal Code in relation to a crime specified in a section referred to in subparagraph (i) ; or (ba) (c) upon or in respect of whom an offence under section 8(1A)(a) or 35(3) of the Police Offences Act 1935 is alleged to have been committed; or (ca) who has witnessed the following: (i) a crime referred to in paragraph (b)(i) ; (ii) a crime under section 158 or 159 of the Criminal Code; or (cb) who is giving, or is to give, evidence in respect of a child sexual offence; (d) upon or in respect of whom an offence under section 73 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 is alleged to have been committed; affected person means the following: (a) an affected child; (b) a person who has attained the age of 18 years upon, or in respect of whom, a child sexual offence was committed, or is alleged to have been committed, when the person was a child; (c) a prescribed witness; audio visual link means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places; child means a person who is under the age of 18 years; child sexual offence means an offence, committed in relation to a child, against section 124 , 124A , 124B , 124C , 125 , 125A , 125B , 125C , 125D , 126 , 127 , 129 , 130 , 130A , 133 or 185 of the Criminal Code; Crown Law Officer means the Attorney-General or Solicitor-General, or any person appointed by the Governor to institute or prosecute criminal proceedings in the Supreme Court; defendant means – (a) in respect of an application under section 42 of the Children, Young Persons and Their Families Act 1997 , the respondent; or (ab) in respect of an application to a court under Part 3 of the Family Violence Act 2004 to vary, extend or revoke a police family violence order, the person to whom the relevant police family violence order is issued; or (ac) in respect of an application to a court under Part 4 of the Family Violence Act 2004 for a family violence order, an interim family violence order or a variation, extension or revocation of a family violence order, the person against whom the family violence order is made or is sought to be made; or (ad) in respect of an order, admitting a person to bail, varying or adding a condition of an order for bail or revoking an order for bail, under the Bail Act 1994 , Criminal Code Act 1924 or Justices Act 1959 , made in relation to a proceeding in which a person has been charged with a family violence offence, the person in respect of whom the order is made; or (b) in respect of any other prescribed proceeding or specified proceeding, a person charged with the crime or offence; family violence offence has the same meaning as in the Family Violence Act 2004 ; judge means – (a) a judge of the Supreme Court; and (b) a magistrate; and (c) any justice sitting in court; prescribed proceeding means – (a) an application under section 42 of the Children, Young Persons and Their Families Act 1997 ; or (ab) a proceeding in which a person has been charged with a family violence offence; or (ac) an application to a court under Part 3 or 4 of the Family Violence Act 2004 ; or (ad) an application in respect of an order, admitting a person to bail, varying or adding a condition of an order for bail or revoking an order for bail, under the Bail Act 1994 , Criminal Code Act 1924 or Justices Act 1959 , in which the person in respect of whom the order is made has been charged with a family violence offence; or (b) a proceeding in which a person has been charged with a crime under section 122 , 124 , 124A , 124B , 124C , 125 , 125A , 125B , 125C , 125D , 126 , 127 , 127A , 128 , 129 , 130 , 133 , 137 , 158 , 159 , 170 , 170A , 172 , 178 , 178A , 183 , 185 , 186 , 191A , 192 or 240 of the Criminal Code; or (c) a proceeding in which a person has been charged with a crime under section 298 , 299 or 300 of the Criminal Code in relation to a crime specified in a section referred to in paragraph (b) ; or (d) a proceeding in which a person has been charged with an offence under section 8(1A)(a) or 35(3) of the Police Offences Act 1935 ; or; (e) a proceeding in which a person has been charged with a crime under section 4 , 7 or 9 of the Sex Industry Offences Act 2005 or an offence under section 8(2) of that Act; or (f) a proceeding in which a person has been charged with an offence under section 73 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 ; prescribed witness means a witness in respect of whom a witness intermediary order has been made under section 7J ; prosecutor, in relation to an application under section 42 of the Children, Young Persons and Their Families Act 1997 , means the applicant; special witness is a person declared to be a special witness under section 8 ; specified offence means an offence committed against – (a) section 105A , 122 , 124 , 124A , 124B , 124C , 125 , 125A , 125B , 125C , 125D , 126 , 127 , 127A , 129 , 130 , 130A , 133 , 137 , 178A or 185 of the Criminal Code; or (b) chapter XVII of the Criminal Code; or (c) section 298 , 299 or 300 of the Criminal Code in respect of an offence referred to in paragraph (a) or (b) ; or (d) section 73 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 ; or (e) section 8(1A)(a) or 35(3) of the Police Offences Act 1935 ; or (f) section 4 , 7 , 8(2) or 9 of the Sex Industry Offences Act 2005 ; specified proceeding means a proceeding (including a preliminary proceeding) in which a person has been charged with a specified offence; trial includes the hearing of an application under section 42 of the Children, Young Persons and Their Families Act 1997 ; witness intermediary – see section 7E ; witness intermediary order means an order under section 7J that a witness intermediary be used in respect of a witness.