Western Australian Consolidated Acts

EVIDENCE ACT 1906 - SCHEDULE 7

(Section 106A)

        [Heading inserted by No. 36 of 1992 s. 10.]

Part A

        [Heading inserted by No. 36 of 1992 s. 10.]

1.         (1)         A proceeding comes within the provisions of this Schedule if —

            (a)         it is a proceeding in which a person stands charged with an offence under a section or Chapter of The Criminal Code mentioned in Part B or C or under a repealed Code section or a section of the Prostitution Act 2000 mentioned in Part B —

                  (i)         whether as a single offence or together with any other offence as an additional or alternative count; and

                  (ii)         whether or not the person is liable on the charge to be found guilty of any other offence;

                and

            (b)         the complainant was a child on the day on which proceedings for the offence were commenced; and

            (c)         in the case of a proceeding for an offence mentioned in Part C or under a repealed Code section, the accused is a person to whom this paragraph applies.

        (2)         In subclause (1) —

        repealed Code section means a repealed section of The Criminal Code that, before it was repealed, enacted an offence constituted by acts or omissions that are substantially the same as the acts or omissions that constitute an offence under a section or Chapter of The Criminal Code that is mentioned in Part B or C, as the case requires.

2.                 A proceeding also comes within the provisions of the Schedule if it is an application under Part 4 or 5 of the Children and Community Services Act 2004 .

3.                 A proceeding also comes within the provisions of the Schedule if it is a proceeding by way of appeal from a decision made, or a penalty imposed, in any proceeding that comes within clause 1 or 2.

4.                 Clause 1(1)(c) applies to —

            (a)         a parent, step-parent, grandparent, step-grandparent, brother, sister, step-brother, step-sister, uncle, aunt, nephew or niece of the complainant and a child of any uncle or aunt of the complainant;

            (b)         a person who is or was, at the time when the offence was committed, living in the same household as the complainant; or

            (c)         a person who at any time had the care of, or exercised authority over, the complainant in the household on a regular basis,

                and it is immaterial whether a relationship referred to in paragraph (a) is of the whole blood or of the half blood.

        [Part A inserted by No. 36 of 1992 s. 10; amended by No. 17 of 2000 s. 64; No. 71 of 2000 s. 30; No. 34 of 2004 s. 251; No. 46 of 2004 s. 29.]

Part B

        [Heading inserted by No. 17 of 2000 s. 64.]

Chapter or Section	Matter to which Chapter or section relates
The Criminal Code
181	Carnal knowledge of animal
186	Occupier or owner allowing certain persons to be on premises for unlawful carnal knowledge
191	Procuration
192	Procuring person to have unlawful carnal knowledge by threats, fraud, or administering drugs
XXXI	Sexual offences
Prostitution Act 2000
5	Seeking prostitute in or in view or within hearing of public place
6	Seeking client in or in view or within hearing of public place
14(a)	Acting as a prostitute while a child
15	Acting as a prostitute for a child
16	Causing, permitting, or seeking to induce child to act as prostitute
17	Obtaining payment for prostitution by a child
18	Agreement for prostitution by a child
20	Prostitution at place where child present
21	Allowing child to be at place involving prostitution

        [Part B inserted by No. 17 of 2000 s. 64; amended by No. 3 of 2002 s. 35(2).]

Part C

        [Heading inserted by No. 36 of 1992 s. 10.]

Chapter or Section	Matter to which Chapter or section relates
XXVIII	Homicide; suicide; concealment of birth
292	Disabling in order to commit indictable offence
293	Stupefying in order to commit indictable offence
294	Acts intended to cause grievous bodily harm or prevent arrest
294A	Dangerous goods on aircraft
297	Grievous bodily harm
301	Wounding and similar acts
304	Acts or omissions causing bodily harm or danger
313	Common assaults
317	Assaults occasioning bodily harm
317A	Assaults with intent
318	Serious assaults
332	Kidnapping
333	Deprivation of liberty
347	Child stealing

        [Part C inserted by No. 36 of 1992 s. 10; amended by No. 82 of 1994 s. 13(4)(b); No. 4 of 2004 s. 24; No. 84 of 2004 s. 41 and 82.]