New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 260

Evidence of young children

260 Evidence of young children

(1) If an authorised officer is satisfied by the evidence of a medical practitioner that the attendance before a court of a child or young person to whom an offence against this Act or the regulations relates would be injurious or dangerous to the child's or young person's health, the officer may take in writing the statement of the child or young person under section 284 of the Criminal Procedure Act 1986 as if the child or young person were dangerously ill, whereby the child's or young person's evidence would probably be lost if not taken immediately.
(2) If, in any proceedings for an offence against this Act or the regulations relating to a child or young person, a court is satisfied by the evidence of a medical practitioner that the attendance before the Children's Court of the child or young person would be injurious or dangerous to the child's or young person's health, any deposition taken under section 284 of the Criminal Procedure Act 1986 , or any statement of the child or young person taken under subsection (1), may be read in evidence, and has effect in the same manner as if it were proved that the child or young person were so ill as not to be able to travel or (in the case of any such statement) that there was no reasonable probability that the child or young person would ever be able to travel or give evidence.
(3) If, in any proceedings for an offence against this Act or the regulations relating to a child or young person, a court:
(a) is satisfied, by the evidence of a medical practitioner, that the attendance of the child or young person for the purpose of giving evidence before the Children's Court would be injurious or dangerous to the child's or young person's health, and
(b) is satisfied that the evidence of the child or young person is not essential to the just hearing of the case,
the case may be proceeded with and determined in the absence of the child or young person.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback