Section 19 — Evidence Act 1995 (NSW)

Section 18 does not apply—
(a) in proceedings for an offence against or referred to in the following provisions of the Children and Young Persons (Care and Protection) Act 1998—
(i), (ii)
(iii) section 227 (Child and young person abuse),
(iv) section 228 (Neglect of children and young persons), or
(b) if the person could be compelled to give evidence in proceedings under section 279 (Compellability of family members to give evidence in certain proceedings) of the Criminal Procedure Act 1986, or
(c) in proceedings for an offence against or referred to in the following provisions of the Children’s Guardian Act 2019—
(i) section 93,
(ii) section 107.
Note. This section differs from section 19 of the Commonwealth Act.

Related sections

• s 16 — Competence and compellability: judges and jurors
• s 17 — Competence and compellability: defendants in criminal proceedings
• s 18 — Compellability of spouses and others in criminal proceedings generally
• s 20 — Comment on failure to give evidence
• s 21 — Sworn evidence to be on oath or affirmation
• s 22 — Interpreters to act on oath or affirmation

Research how courts apply s 19

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.