New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 106

Admissibility of certain statements

106 Admissibility of certain statements

A statement or information made or given to a police officer by a child who is under the age of 14 years and who has exhibited sexually abusive behaviours must not be admitted in evidence in proceedings before the Children's Court unless:

(a) there was present at the place where, and throughout the period of time during which, it was made or given an adult (other than a police officer):
(i) nominated by the child, or
(ii) belonging to a class of persons selected by the child,
and the child was given (before the statement or information was made or given) an opportunity to consult with the adult in private, or
(b) the Children's Court:
(i) is satisfied that there was proper and sufficient reason for no such adult to have been present at the place where, or throughout the period of time during which, the statement or information was made or given, and
(ii) considers that, in the particular circumstances of the case, the statement or information should be admitted in evidence in those proceedings.



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