Australian Capital Territory Current Acts

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EVIDENCE ACT 2011 - SECT 79

Exception—opinions based on specialised knowledge

    (1)     If a person has specialised knowledge based on the person's training, study or experience, the opinion rule does not apply to evidence of the person's opinion that is completely or substantially based on that knowledge.

    (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 development and 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.



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