New South Wales Consolidated Acts

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EVIDENCE ACT 1995 - SECT 108C

Exception: evidence of persons with specialised knowledge

108C Exception: evidence of persons with specialised knowledge

(1) The credibility rule does not apply to evidence given by a person concerning the credibility of another witness if:
(a) the person has specialised knowledge based on the person's training, study or experience, and
(b) the evidence is evidence of an opinion of the person that:
(i) is wholly or substantially based on that knowledge, and
(ii) could substantially affect the assessment of the credibility of the witness, and
(c) the court gives leave to adduce the evidence.
(2) To avoid doubt, and without limiting subsection (1):
(a) a reference in that subsection to specialised knowledge includes a reference to specialised knowledge of child development and child behaviour (including specialised knowledge of the impact of sexual abuse on children and their behaviour during and following the abuse), and
(b) a reference in that subsection to an opinion of a person includes, if the person has specialised knowledge of that kind, a reference to an opinion relating to either or both of the following:
(i) the development and behaviour of children generally,
(ii) the development and behaviour of children who have been victims of sexual offences, or offences similar to sexual offences.



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