Commonwealth Consolidated Regulations

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Restriction on child's evidence

             (1)  A party applying to adduce the evidence of a child under section 100B of the Act must file an affidavit that:

                     (a)  sets out the facts relied on in support of the application;

                     (b)  includes the name of a support person; and

                     (c)  attaches a summary of the evidence to be adduced from the child.

Note:          For the procedure for making an application in a case, see Chapter 5.

             (2)  If the court makes an order in relation to an application mentioned in subrule (1), it may order that:

                     (a)  the child's evidence be given by way of affidavit, video conference, closed circuit television or other electronic communication; and

                     (b)  a person named in the order as a support person be present with the child when the child gives evidence.

Note:          Subsections 100B(1) and (2) of the Act provide that a child (other than a child who is, or is seeking to become, a party to a case) must not swear an affidavit and must not be called as a witness or remain in court unless the court otherwise orders.

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