Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 21AH

21AH Limitation on cross-examination

(1) If the affected child is to be cross-examined, the party calling the child may first ask the child questions for identifying the child and establishing that the child made the statement mentioned in section 21AF and the truthfulness of the statement.

(2) The presiding magistrate or justices must not allow the child to be cross-examined about an issue other than the issue in relation to which the child was required to be called unless the magistrate or justices are satisfied as mentioned in section 21AG (3) (a) and (b) or section 21AG (4) (a) to (c) , whichever is relevant, in relation to the issue.

(3) Also, the presiding magistrate or justices—

(a) must not allow cross-examination to continue to the extent it—

(i) does not appear relevant to an issue for which it may be conducted; or

(ii) consists of exploratory questions asked in the hope of receiving any answer of any assistance to the party conducting the cross-examination, commonly known as a ‘fishing expedition’; and

(b) must disallow a question that may be disallowed under section 20 or 21 .

(4) The child may be re-examined by the party calling the child.