Queensland Consolidated Acts

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DOMESTIC AND FAMILY VIOLENCE PROTECTION ACT 2012 - SECT 148

Child can not be compelled to give evidence

148 Child can not be compelled to give evidence

(1) This section applies to a child, other than a child who is an aggrieved or respondent, in a proceeding under this Act.
(2) The child may only be called to give evidence with the leave of the court.
(3) The court may grant leave only if the child—
(a) is at least 12 years; and
(b) is represented by a lawyer; and
(c) agrees to give evidence.
(4) In deciding whether to grant leave, the court must have regard to—
(a) the desirability of protecting children from unnecessary exposure to the court system; and
(b) the harm that could occur to the child and to family relationships if the child gives evidence.
(5) Without limiting subsection (2) , (3) or (4) , a person may only do the following with the leave of the court
(a) call the child as a witness in the proceeding;
(b) ask the child to remain in court during the proceeding;
(c) ask the child to swear an affidavit for the proceeding;
(d) ask the child to produce a stated document or other thing in the proceeding.
(6) If the child gives evidence, the child may be cross-examined only with the leave of the court.



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