Australian Capital Territory Current Acts

EVIDENCE ACT 2011 - SECT 108C

    (1)     The credibility rule does not apply to evidence given by a person about 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 completely or substantially based on that knowledge; and

              (ii)     could substantially affect the assessment of the credibility of the witness; and

        (c)     the court gives leave to present the evidence.

    (2)     To remove any 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 mentioned in paragraph (a), 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.