Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 21AD

21AD Meaning of child

(1) For the purposes of a proceeding for this division, a
"child" is—

(a) if the proceeding is a criminal proceeding—

(i) an individual who is under 16 years when the first of the following happens—

(A) the defendant in the proceeding is arrested;

(B) a complaint is made under the Justices Act 1886 , section 42 in relation to the defendant in the proceeding;

(C) a notice to appear is served on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000 , section 382 ; or

(ii) an individual who is 16 or 17 years when the first of the matters mentioned in subparagraph (i) happens and who is a special witness; or

(b) if the proceeding is a civil proceeding arising from the commission of a relevant offence—

(i) an individual who is under 16 years when the proceeding starts; or

(ii) an individual who is 16 or 17 years when the proceeding starts and who is a special witness.

(2) An individual remains a
"child" for the purposes of giving evidence for a proceeding if the child gives evidence for the proceeding at any time before the child turns 18 years.