Western Australian Current Acts

CHILDREN AND COMMUNITY SERVICES ACT 2004 - SECT 150

150 .         Evidence of child

        (1)         In this section —

        child includes a child who is not the subject of the protection proceedings.

        (2)         In protection proceedings a child may only be compelled to give evidence or be cross-examined with the leave of the Court.

        (3)         The Court must not grant leave for the purposes of subsection (2) unless the Court is satisfied that the child is unlikely —

            (a)         to suffer emotional trauma as a result of giving evidence or being cross-examined; or

            (b)         to be so intimidated or distressed as to be unable —

                  (i)         to give evidence or be cross-examined; or

                  (ii)         to give evidence or be cross-examined satisfactorily.