New South Wales Consolidated Acts

CHILDREN (CRIMINAL PROCEEDINGS) ACT 1987 - SECT 31AA

31AA Application of Division

(1) This Division applies to proceedings in which a person (an
"accused person" ) is charged before the Children's Court with a child sexual assault offence.

(2) To avoid doubt, this Division extends to proceedings in which a person is charged before the Children's Court with a child sexual assault offence and one or more other offences (other than a serious children's indictable offence) against the same complainant.

(3) In this Division--

"child sexual assault offence" means a child sexual assault offence within the meaning of section 83 of the Criminal Procedure Act 1986 (other than a serious children's indictable offence) in respect of which the complainant--

(a) was under the age of 16 years on the date of the alleged offence or at the beginning of the period during which the offence is alleged to have been committed, or

(b) in the case of an offence against section 73 or 73A of the Crimes Act 1900 , was under the age of 18 years on the date of the alleged offence.

"complainant" means a person, or any of the persons, against whom an offence is alleged to have been committed and includes--

(a) in relation to an offence under section 80E of the Crimes Act 1900 , a person who is alleged to have been the subject of sexual servitude, and

(b) in relation to an offence under section 91D, 91E or 91F of the Crimes Act 1900 , a person who is alleged to have been the subject of child prostitution, and

(c) in relation to an offence under section 91G of the Crimes Act 1900 , a person who is alleged to have been used for the production of child abuse material.