Part IAD
-
Protecting vulnerable persons
History
Pt IAD heading substituted by No 74 of 2013, s 3 and Sch 2 item 1, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013. The heading formerly read:
Part IAD
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Protection of children in proceedings for sexual offences
Pt IAD inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.
Division 3
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Cross-examination
History
Div 3 inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.
SECTION 15YE
Disallowing inappropriate or aggressive cross-examination
(1)
The court must disallow a question put to a person in cross-examination in a proceeding if:
(a)
the question is inappropriate or unnecessarily aggressive; and
(b)
the person is a person to whom subsection (3) applies.
History
S 15YE(1) substituted by No 74 of 2013, s 3 and Sch 2 item 21, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013. S 15YE(1) formerly read:
(1)
The court may disallow a question put to a child witness in cross-examination in a proceeding if the question is inappropriate or unnecessarily aggressive.
(2)
In considering whether a question is inappropriate or unnecessarily aggressive, the court is to have regard to the person
'
s personal characteristics, including his or her age, culture, mental capacity and gender.
History
S 15YE(2) amended by No 74 of 2013, s 3 and Sch 2 item 22, by substituting
"
person
'
s
"
for
"
child witness
'
"
, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
(3)
This subsection applies to the following persons:
(a)
for a child proceeding
-
a child witness;
(b)
for a vulnerable adult proceeding
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a vulnerable adult complainant;
(c)
for a special witness proceeding
-
a special witness.
History
S 15YE(3) inserted by No 74 of 2013, s 3 and Sch 2 item 23, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
S 15YE inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.