New South Wales Consolidated Acts

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CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 107

Examination and cross-examination of witnesses

107 Examination and cross-examination of witnesses

(1) Extent of examination and cross-examination A Children's Magistrate may examine and cross-examine a witness in any proceedings to such extent as the Children's Magistrate thinks proper for the purpose of eliciting information relevant to the exercise of the Children's Court's powers.
(2) Offensive or scandalous questions The Children's Court must forbid the asking of, or excuse a witness from answering, a question that it regards as offensive, scandalous, insulting, abusive or humiliating, unless the Children's Court is satisfied that it is essential in the interests of justice that the question be asked or answered.
(3) Oppressive or repetitive examination The Children's Court must forbid an examination of a witness that it regards as oppressive, repetitive or hectoring, or excuse a witness from answering questions asked during such an examination, unless the Children's Court is satisfied that it is essential in the interests of justice for the examination to continue or for the question to be answered.
(3A) Certain questions For the purposes of this section, questions to a witness who is a parent or a primary care-giver of a child or young person the subject of a care application concerning the witness's previous history of dealings with any child or young person are taken not to be intrinsically offensive, scandalous or oppressive.
(4) Definition In subsection (1), a reference to a Children's Magistrate includes a reference to a Magistrate within the meaning of section 13(2) of the Children's Court Act 1987 .



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