Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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.