Tasmanian Bills Fact Sheets Tasmanian Bills Fact Sheets[Index] [Search] [Download] [Bill] [Help]
FACT SHEET
Evidence (Children and Special Witnesses) Amendment Bill
2013
This Bill amends the Evidence (Children and Special Witnesses) Act
2001 to:
Extend the definitions of "affected child" and "prescribed
proceedings" to include serious violence offences as well
as sexual offences and to include children who witness
such offences in the definition of "affected child"; and
Include a statement of principles for dealing with child
witnesses; and
Provide that a judge may order that the whole of the
evidence of an affected child in a prescribed proceeding,
including cross examination and re-examination be audio-
visually recorded at a special hearing and may also order
that the affected child need not be present at trial; and
Provide that, where facilities are available, an affected
child's or special witness's evidence given at trial be audio-
visually recorded and a judge may order that the audio-
visual record be admitted into evidence in any later
proceeding to which it is relevant and relieve the affected
child or special witness from giving evidence wholly or in
part at the later proceeding.
Expand the orders available to a judge when making a
declaration that a person is a special witness to include an
order to admit a prior statement, an order that a special
hearing be held and an order that a special witness not be
present at trial if a special hearing is held.
Prohibit the cross-examination of a victim of the offence
which is the subject of a prescribed proceeding by an
unrepresented accused.
The Bill also amends the Criminal Code Act 1924 to omit section
178(2), which is inconsistent with sections 18 and 19 of the
Evidence Act 2001.
The Bill also amends the Legal Aid Commission Act 1990 to insert
a provision in section 19 (Circumstances in which legal aid may
be provided) to cover a person who is an unrepresented
accused seeking legal assistance for the purpose of cross-
examination.