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Criminal Procedure Act 1986 No 209
Current version for 1 July 2020 to date (accessed 5 August 2020 at 15:34)
Division 1 Preliminary
(1) In this Part—child protection prohibition order means a prohibition order within the meaning of the Child Protection (Offenders Prohibition Orders) Act 2004, and includes an interim child protection prohibition order made under that Act.cognitively impaired person means a person who has a cognitive impairment.court, in relation to a proceeding referred to in section 306ZA (d), includes the Civil and Administrative Tribunal.courtroom, in relation to a proceeding referred to in section 306ZA (d), includes the place where the Civil and Administrative Tribunal is sitting.investigating official means—(a) a police officer (other than a police officer who is engaged in covert investigations), or(b) in relation to the questioning of a child—a person who is engaged, in conjunction with an investigating official described in paragraph (a), in an investigation caused to be made by the Secretary of the Department of Family and Community Services under the Children and Young Persons (Care and Protection) Act 1998 or caused to be made under child protection legislation of another State or a Territory, or(c) any other person prescribed by the regulations for the purposes of this definition.personal assault offence means any of the following offences—(a) an offence under Part 3 of the Crimes Act 1900,(b) an offence under section 545AB or 562AB of the Crimes Act 1900,(c) an offence under section 562ZG, or section 562I as in force before its substitution, of the Crimes Act 1900,(d) an offence under section 227 of the Children and Young Persons (Care and Protection) Act 1998,(d1) an offence under section 13 or 14 of the Crimes (Domestic and Personal Violence) Act 2007,(e) an offence that includes the commission of, or an intention to commit, any of the above offences,(f) an offence of attempting, or of conspiracy or incitement, to commit any of the above offences.police officer means—(a) a member of the Australian Federal Police, or(b) a member of the police force of a State or Territory.recording means—(a) an audio recording, or(b) a video recording, or(c) a video recording accompanied by a separately but contemporaneously recorded audio recording.vulnerable person means a child or a cognitively impaired person.(2) For the purposes of this Part, a cognitive impairment includes any of the following—(a) an intellectual disability,(b) a developmental disorder (including an autistic spectrum disorder),(c) a neurological disorder,(d) dementia,(e) a severe mental illness,(f) a brain injury.Note.See section 306P as to the application of this Part to the giving of evidence by cognitively impaired persons.
306N Words and expressions used in Evidence Act 1995
(1) Words and expressions that are defined in the Evidence Act 1995 and that are used in this Part have the same meanings in this Part as they have in the Evidence Act 1995.(2) This section applies except so far as the context or subject-matter otherwise indicates or requires.(3) However, this section does not apply to a word or expression defined in section 306M.
306O Relationship to Evidence Act 1995
The provisions of this Part are in addition to the provisions of the Evidence Act 1995 and do not, unless a contrary intention is shown, affect the operation of that Act.
306P Application of Part
(1) To the extent that this Part applies to children, this Part applies (unless a contrary intention is shown) in relation to evidence given by a child who is under the age of 16 years at the time the evidence is given.(2) To the extent that this Part applies to cognitively impaired persons, this Part applies (unless a contrary intention is shown) in relation to evidence given by a cognitively impaired person in the manner provided by this Part only if the court is satisfied that the facts of the case may be better ascertained if the person’s evidence is given in such a manner.