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Clause 108C

creates a new exception to the credibility rule. This exception applies to expert opinion evidence that could substantially affect the assessment of the credibility of a witness. This evidence can only be adduced with leave of the court. The purpose of the clause is to permit expert opinion evidence in situations where it would be relevant to the fact-finding process (for example, to prevent misinterpretation of witness behaviour or inappropriate inferences being drawn from that behaviour). Subclause (2) clarifies that specialist knowledge includes specialised knowledge of child development and behaviour. This clause complements clause 79. This clause is in accordance with the 2005 LRCs' Report (recommendation 12-7).