Victorian Current Acts

EVIDENCE ACT 2008 - 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 the 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.

Part 3.8—Character