Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Act 2024 (114 of 2024)

Schedule 1   Amendments

Crimes Act 1914

17A   After section 15YAB

Insert:

15YAC Child complainants

(1) A child complainant , in relation to a child proceeding:

(a) is a child who is, or is alleged to be, a victim of an offence, of a kind referred to in subsection 15Y(1), to which the proceeding relates (whether or not the child is involved in the proceeding or was involved in the initiation of the proceeding); and

(b) includes a person who was such a child at the time the offence concerned was alleged to have been committed.

(2) However, a person who is 18 or over is not a child complainant if the person informs the court that the person does not wish to be treated as such a complainant.

15YAD Child witnesses

(1) A child witness , in relation to a child proceeding:

(a) is a child (including a child complainant) who is a witness in the proceeding; and

(b) includes a witness in the proceeding who was a child at the time the offence concerned was alleged to have been committed.

(2) However, a person who is 18 or over is not a child witness if the person informs the court that the person does not wish to be treated as such a witness.