Oaths, affirmations and declarations

[7-300] Article

Judicial Commission of New South Wales, Equality before the Law Bench Book, Section 6 — Children and young people “Oaths, affirmations and declarations” at [6.3.2], Sydney.


The Equality before the Law Bench Book presents assessments that need to be made when a child or young person gives unsworn evidence.

The court must first be satisfied that the particular child or young person understands the difference between the truth and a lie. This also requires the court to tell the child or young person that it is important to tell the truth and then gain the child’s or young person’s agreement that they would not lie during the proceedings under s 13 of the Evidence Act 1995. It focuses on questioning techniques to get the best answers.