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Helen Brown's husband Mark was recently charged with an offence under the Welfare of the Community Act 1962 (Qld). It is likely that Helen will be called as a witness against him in proceedings relating to the charge. You have located the following two pieces of legislation that are applicable to the matter:
Section 26 of the Welfare of the Community Act 1962 (Qld)
The wife or husband of any person shall be competent and compellable to give evidence for or against that person in any proceedings under this act.
Section 10 of the Evidence Act 1992 (Qld)
(1) A close relative of a person charged with an offence shall be competent and compellable to give evidence for the person charged with the offence and shall, subject to this section, be competent and compellable to give evidence against the person charged with the offence.
(2) Where a person is charged with an offence and a close relative of that person is a prospective witness against that person the prospective witness may apply to the court for an exemption from the obligation to give evidence.
Helen seeks your advice on whether she is entitled to apply for an exemption pursuant to s 10 of the Evidence Act 1992 (Qld).
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