New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 306T

306T Wishes of vulnerable person to be taken into account

(1) A person must not call a vulnerable person to give evidence of a previous representation to which this Division applies made by the vulnerable person by means other than a recording made by an investigating official of the interview in the course of which the previous representation was made unless the person has taken into account any wishes of the vulnerable person, considered in the light of--

(a) in the case of a child--the child's age and understanding, or

(b) in the case of a cognitively impaired person--the person's cognitive impairment.

(2) However, subsection (1) does not permit a person to require a vulnerable person to express the vulnerable person's wishes in relation to the matter.