An Act to make amendments to the Evidence Act 1995 and the Evidence (Children) Act 1997 in respect of the taking of oaths and the making of affirmations and in respect of the giving of evidence by children; and for other purposes.
This Act is the Evidence Legislation Amendment Act 2001.
This Act commences on a day or days to be appointed by proclamation.
The Evidence Act 1995 is amended as set out in Schedule 1.
The Evidence (Children) Act 1997 is amended as set out in Schedule 2.
(Section 3)
Insert after section 22 (1):
An oath taken, or an affirmation made, by a person before acting as an interpreter on a day is taken for the purposes of subsection (1) to be an oath taken or affirmation made by that person for the purposes of any subsequent proceedings in that court on that day in which the person acts as an interpreter.
Insert at the end of the section:
The Commonwealth Act does not include subsection (1A).
Insert “, unless the court is satisfied that the person has already been informed or knows that he or she has the choice” after “choice” in section 23 (2).
Insert at the end of the section:
Subsection (2) differs from section 23 of the Commonwealth Act.
Insert after section 24:
A person may take an oath even if the person’s religious or spiritual beliefs do not include a belief in the existence of a god.
Despite anything to the contrary in this Act, the form of oath taken by a person:
(a) need not include a reference to a god, and
(b) may instead refer to the basis of the person’s beliefs in accordance with a form prescribed by the regulations.
The Commonwealth Act does not include an equivalent provision to section 24A.
Insert after section 165 (5):
Subsection (2) does not permit a judge to warn or inform a jury in proceedings before it in which a child gives evidence that the reliability of the child’s evidence may be affected by the age of the child. Any such warning or information may be given only in accordance with section 165B.
Insert at the end of the section:
The Commonwealth Act does not include subsection (6).
Insert after section 165:
A judge in any proceeding in which evidence is given by a child must not warn a jury, or make any suggestion to a jury, that children as a class are unreliable witnesses.