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Clause 79

provides exceptions to the opinion rule for evidence that is wholly or substantially based on specialised knowledge. Subclause (1) sets out an exception allowing a person with specialised knowledge based on training, study or experience to give an opinion that is wholly or substantially based on that knowledge. It is not necessary for the person to be formally qualified. Relevant experience will suffice. Subclause (2) sets out specific considerations in relation to specialised knowledge relating to child behaviour and development, particularly in cases of sexual assault. This is in accordance with the 2005 LRCs' Report (recommendation 9-1). The 2005 LRCs' Report found that specialist knowledge on the development and behaviour of children can be relevant to a range of matters in legal proceedings, including testimonial capacity, the credibility of a child witness, the beliefs and perceptions held by a child, and the reasonableness of those beliefs and perceptions. Such evidence can, in certain cases such as child sexual assault matters, be important in assisting the court to assess other evidence or to address misconceived notions about children and their behaviour. However, the Report found that courts show a continuing reluctance in many cases to admit this type of evidence. The inclusion of subclause (2) makes it clear that this particular type of specialised knowledge is admissible.