Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 93A

93A Statement made before proceeding by child or person with an impairment of the mind

(1) In any proceeding where direct oral evidence of a fact would be admissible, any statement tending to establish that fact, contained in a document, shall, subject to this part, be admissible as evidence of that fact if—

(a) the maker of the statement was a child or a person with an impairment of the mind at the time of making the statement and had personal knowledge of the matters dealt with by the statement; and

(b) the maker of the statement is available to give evidence in the proceeding.

(2) If a statement mentioned in subsection (1) (the
"main statement" ) is admissible, a related statement is also admissible as evidence if the maker of the related statement is available to give evidence in the proceeding.

(2A) A
"related statement" is a statement—

(a) made by someone to the maker of the main statement, in response to which the main statement was made; and

(b) contained in the document containing the main statement.

(2B) Subsection (2) is subject to this part.

(3) Where the statement of a person is admitted as evidence in any proceeding pursuant to subsection (1) or (2) , the party tendering the statement shall, if required to do so by any other party to the proceeding, call as a witness the person whose statement is so admitted and the person who recorded the statement.

(3A) For a committal proceeding for a relevant offence, subsections (1) (b) and (3) do not apply to the person who made the statement if the person is an affected child.

Note—

For the taking of an affected child’s evidence for a committal proceeding for a relevant offence, see part 2 , division 4A , subdivision 2 .

(3B) This section does not affect the application of the Justices Act 1886 , sections 110A to 110C to a committal proceeding.

(4) In the application of subsection (3) to a criminal proceeding—

"party" means the prosecution or the person charged in the proceeding.

(5) In this section—

"affected child" see section 21AC .

"child" , in relation to a person who made a statement under subsection (1) , means—

(a) a person who was under 16 years when the statement was made, whether or not the person is under 16 years at the time of the proceeding; or

(b) a person who was 16 or 17 years when the statement was made and who, at the time of the proceeding, is a special witness.

"relevant offence" see section 21AC .