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
-
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 1
-
Introduction
History
Div 1 inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.
SECTION 15YA
15YA
Definitions
In this Part, unless the contrary intention appears:
adult
means a person who is 18 or over.
History
Definition of
"
adult
"
inserted by No 74 of 2013, s 3 and Sch 2 item 12, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
child
means a person who is under 18.
child complainant
has the meaning given by section
15YAC
.
History
Definition of
"
child complainant
"
substituted by No 114 of 2024, s 3 and Sch 1 item 10, effective 11 December 2024. For transitional provision, see note under
Div 2A of Pt IAD
heading. The definition formerly read:
child complainant
, in relation to a child proceeding, means 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. The child need not be involved in the proceeding or the initiation of the proceeding.
Definition of
"
child complainant
"
amended by No 74 of 2013, s 3 and Sch 2 item 13, by substituting
"
a child proceeding
"
for
"
a proceeding
"
, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
child proceeding
means a proceeding to which subsection
15Y(1)
applies.
History
Definition of
"
child proceeding
"
inserted by No 74 of 2013, s 3 and Sch 2 item 14, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
child witness
has the meaning given by section
15YAD
.
History
Definition of
"
child witness
"
substituted by No 114 of 2024, s 3 and Sch 1 item 11, effective 11 December 2024. For transitional provision, see note under
Div 2A of Pt IAD
heading. The definition formerly read:
child witness
, in relation to a child proceeding, means a child (including a child complainant) who is a witness in the proceeding.
Definition of
"
child witness
"
amended by No 74 of 2013, s 3 and Sch 2 item 15, by substituting
"
a child proceeding
"
for
"
a proceeding
"
, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
closed-circuit television
includes any similar technology specified in the regulations.
credibility
has the meaning given by the
Evidence Act 1995
.
cross-examination
has the meaning given by the
Evidence Act 1995
.
evidence in chief
means evidence given in examination in chief within the meaning of the
Evidence Act 1995
.
evidence recording hearing
means a hearing ordered under section
15YDB(1)
.
History
Definition of
"
evidence recording hearing
"
inserted by No 114 of 2024, s 3 and Sch 1 item 12, effective 11 December 2024. For transitional provision, see note under
Div 2A of Pt IAD
heading.
party
to a proceeding includes the prosecutor, each defendant and each person named in evidence given in the proceeding.
History
Definition of
"
party
"
inserted by No 74 of 2013, s 3 and Sch 2 item 16, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
proceeding
means a proceeding to which one or more of subsections
15Y(1)
,
(2)
and
(3)
apply.
History
Definition of
"
proceeding
"
substituted by No 74 of 2013, s 3 and Sch 2 item 17, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013. The definition formerly read:
proceeding
means a proceeding to which this Part applies under section
15Y
.
special witness
has the meaning given by subsection
15YAB(1)
.
History
Definition of
"
special witness
"
inserted by No 74 of 2013, s 3 and Sch 2 item 18, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
special witness proceeding
means a proceeding to which subsection
15Y(3)
applies.
History
Definition of
"
special witness proceeding
"
inserted by No 74 of 2013, s 3 and Sch 2 item 18, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
vulnerable adult complainant
has the meaning given by section
15YAA
.
History
Definition of
"
vulnerable adult complainant
"
inserted by No 74 of 2013, s 3 and Sch 2 item 18, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
vulnerable adult proceeding
means a proceeding to which subsection
15Y(2)
applies.
History
Definition of
"
vulnerable adult proceeding
"
inserted by No 74 of 2013, s 3 and Sch 2 item 18, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.
History
S 15YA inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.
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