Evidence (Children) Amendment Act 1985 (NSW)

EVIDENCE (CHILDREN) AMENDMENT ACT 1985 No. 152

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ANNO TRICESIMO QUARTO

ELIZABETHS II REGINS

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Act No. 152, 1985

An Act to amend the Evidence Act 1898 in relation to evidence by children.

[Assented to, 28th November, 1985.]

2   Act No. 152

Evidence (Children) Amendment 1985

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows:

Short title

1.     This Act may be cited as the "Evidence (Children) Amendment Act

1985".

Commencement

2. (1) Sections 1 and 2 shall commence on the date of assent to this

Act.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor and notified by proclamation published in the Gazette.

Amendment of Act No. 11, 1898

3. The Evidence Act 1898 is amended by inserting after section 42 the

following section:

Judge not required to warn jury where evidence of child uncorroborated

42A. (1) The Judge on a trial to which this section applies may give to the jury a warning to the effect that it is unsafe to convict a person on the uncorroborated evidence of a child, but is not required by any rule of law or practice to give that warning only because that evidence was given by a child.

(2) This section applies to the trial of a person for an offence

committed after the commencement of this section, where evidence in	relation to the offence is given in the trial by a child (whether on a
declaration under the Oaths Act 1900 or otherwise).