Commonwealth Consolidated Acts

EVIDENCE ACT 1995 - SECT 108C

             (1)  The credibility rule does not apply to evidence given by a person concerning the credibility of another witness if:

                     (a)  the person has specialised knowledge based on the person's training, study or experience; and

                     (b)  the evidence is evidence of an opinion of the person that:

                              (i)  is wholly or substantially based on that knowledge; and

                             (ii)  could substantially affect the assessment of the credibility of a witness; and

                     (c)  the court gives leave to adduce the evidence.

             (2)  To avoid doubt, and without limiting subsection (1):

                     (a)  a reference in that subsection to specialised knowledge includes a reference to specialised knowledge of child development and child behaviour (including specialised knowledge of the impact of sexual abuse on children and their behaviour during and following the abuse); and

                     (b)  a reference in that subsection to an opinion of a person includes, if the person has specialised knowledge of that kind, a reference to an opinion relating to either or both of the following:

                              (i)  the development and behaviour of children generally;

                             (ii)  the development and behaviour of children who have been victims of sexual offences, or offences similar to sexual offences.