{"id":"evidence-miscellaneous-provisions-act-1958","name":"Evidence (Miscellaneous Provisions) Act 1958","slug":"evidence-miscellaneous-provisions-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174403,"registerId":"vic-evidence-miscellaneous-provisions-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement 1","content":"1 Short title and commencement 1\n\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Definitions 2","content":"3 Definitions 2\n\nPart I—The means of obtaining evidence 6\n\nDivision 1—Orders and commissions to examine witnesses 6\n\n4 Order to examine witnesses 6\n\n6 Operation of other laws 8\n\nDivision 1A—Examination of witnesses abroad 9\n\n9A Definitions 9\n\n9B Proceedings in superior courts 10\n\n9C Proceedings in inferior courts 12\n\n9D Exclusion of evidence in criminal proceeding 13\n\n9E Operation of other laws 13\n\nDivision 1B—Examination of witnesses outside the State but within Australia 13\n\n9F Application of Division 13\n\n9G Definitions 14\n\n9H Proceedings in superior courts 14\n\n9I Proceedings in inferior courts 17\n\n9J Exclusion of evidence in criminal proceedings 17\n\n9K Operation of other laws 18\n\nDivision 1C—Taking of evidence for foreign and Australian courts 18\n\n9L Definitions 18\n\n9M Application to the Supreme Court for assistance in obtaining evidence for proceedings in other court 19\n\n9N Power of the Supreme Court to give effect to application for assistance 19\n\n9O Privilege of witnesses 21\n\n9P Offence 22\n\n9Q Operation of other laws 22\n\nDivision 3—Prisoners 23\n\n12 Prisoner may be brought before court to give evidence without writ of habeas corpus 23\n\nDivision 6—Disclosure of information relating to applications for legal aid 25\n\n21D Definitions 25\n\n21E Disclosure of information etc. relating to proposed applications 27\n\n21F Disclosure of information etc. relating to applications 28\n\n21G Disclosure of information etc. where applicant has died 28\n\n21H Application of this Division 29\n\nDivision 7—Family mediations 29\n\n21I Definitions 29\n\n21J Admissions etc. made at mediation conferences 30\n\nDivision 8—Dispute settlement centres 30\n\n21K Definitions 30\n\n21L Admissions etc. at mediation conferences 30\n\n21M Confidentiality 31\n\n21N Exoneration from liability 32\n\nPart II—Witnesses 33\n\nDivision 2—Privileges disabilities and obligations of witnesses 33\n\n28 Confessions to doctors 33\n\nDivision 2A—Confidential communications and protected health information 35\n\n32AB Guiding principles 35\n\n","sortOrder":1},{"sectionNumber":"32B","sectionType":"section","heading":"Definitions 36","content":"32B Definitions 36\n\n32BA Meaning of *protected health information* 39\n\n","sortOrder":2},{"sectionNumber":"32C","sectionType":"section","heading":"Exclusion of evidence of confidential communications and protected health information 40","content":"32C Exclusion of evidence of confidential communications and protected health information 40\n\n32CA Applicant for leave must give notice—civil proceedings 41\n\n32CB Persons other than parties appearing and making submissions as to leave—civil proceedings 42\n\n32CC Applicant for leave must give notice—criminal proceedings 42\n\n32CD Prosecuting party to ensure notice is given to protected person—criminal proceedings 43\n\n32CE Persons other than parties appearing and making submissions as to leave—criminal proceedings 45\n\n32CF Production of document for purposes of determining application for leave 46\n\n32D Restriction on granting leave 46\n\n32E Limitations on privilege 49\n\n32F Ancillary orders available on a granting of leave 50\n\n32G Operation of Division 51\n\nPart IIAA—Witness identity protection 56\n\n","sortOrder":3},{"sectionNumber":"Div 1","sectionType":"division","heading":"Introductory 56","content":"Division 1—Introductory 56\n\n42BA Definitions 56\n\n","sortOrder":4},{"sectionNumber":"Div 2","sectionType":"division","heading":"Witness identity protection certificates for local operatives 61","content":"Division 2—Witness identity protection certificates for local operatives 61\n\n42BB Giving witness identity protection certificate 61\n\n42BC Statutory declaration by local operative 62\n\n42BD Form of witness identity protection certificate 63\n\n42BE Protection of decision to give certificate 65\n\n42BF Cancellation of witness identity protection certificate 66\n\n42BG Permission to give information disclosing operative's identity etc. 66\n\n42BH Disclosure offences 67\n\n42BI Reports about witness identity protection certificates 68\n\n42BJ Delegation 69\n\n","sortOrder":5},{"sectionNumber":"Div 3","sectionType":"division","heading":"Interstate witness identity protection certificates 71","content":"Division 3—Interstate witness identity protection certificates 71\n\n42BK Application of Division 71\n\n42BL Filing and notification 71\n\n42BM Effect of interstate witness identity protection certificate 71\n\n42BN Orders to protect interstate operative's identity etc. 73\n\n42BO Disclosure of interstate operative's identity to presiding officer 74\n\n42BP Application for disclosure of interstate operative's identity etc. 74\n\n42BQ Suppression and protection orders 76\n\n42BR Directions to jury 77\n\n42BS Disclosure offences 77\n\nPart IIA—Use of audio visual and audio links 80\n\nDivision 1—Definitions 80\n\n42C Definitions 80\n\nDivision 2—Persons other than accused 83\n\n42D Application of Division 83\n\n42E Appearance, etc. by audio visual link or audio link 83\n\n42F Special provisions applicable to certain proceedings involving children 84\n\n42G Technical requirements for audio visual links and audio links 86\n\n42H Costs 87\n\n42I Certain other laws not affected 88\n\nDivision 3—Appearance by the accused 88\n\n42J Application of Division 88\n\n42JA Appearance of adult accused before Magistrates' Court 88\n\n42K Appearance of adult accused before court other than Magistrates' Court 90\n\n42L Making of direction for physical appearance in section 42JA or 42K(1) proceedings 90\n\n42M Making of direction for audio visual appearance in section 42JA or 42K(2) proceedings 93\n\n42MAA Making of direction for audio visual appearance in section 42JA(3) proceedings 95\n\n42MA Appearance of adult accused in proceedings other than section 42JA or 42K proceedings 95\n\n42N Application for making of direction under section 42MA 96\n\n42O Appearance before court of accused who is a child 97\n\n42P Making of direction for audio visual appearance by child 97\n\n42R Technical requirements for audio visual appearance by accused 100\n\n42RA Audio link appearance by accused in certain circumstances 101\n\n42RB Technical requirements for audio link appearance by accused 103\n\n42S Protection of communication between accused and legal representative 104\n\n42T Application of Surveillance Devices Act 1999 104\n\nDivision 4—General 105\n\n42U Putting documents to a remote person 105\n\n42UA Practice directions 106\n\n42W Application of laws about witnesses, etc. 106\n\n42X Arraignment 107\n\n42Y Hearing not invalid because of failure to comply with technical requirements 107\n\n42YA Repeal of temporary COVID-19 measures 107\n\nPart III—Proof of documents, proof of facts by documents and document unavailability 108\n\nDivision 2A—Reproductions of documents 108\n\n53Q Micro-film etc. may be preserved in lieu of document 110\n\nDivision 4—Further provisions relating to Australasian documents 112\n\n59 Definitions 112\n\nDivision 5—Further provisions relating to Victorian documents 114\n\n70 Mode of proving proclamations, orders and regulations of Board of Land and Works 114\n\n71 Government Gazette to be evidence of act of Board of Land and Works 115\n\n74 Evidence of contents of will 115\n\nDivision 6—Judicial notice 116\n\n80 Judicial notice of certain seals etc 117\n\n81 Effect of judicial or official notice 117\n\nDivision 9—Document unavailability 119\n\n89A Meaning of unavailability of document 119\n\n89B Court may make ruling or order 119\n\n89C Matters the court must consider 120\n\n89D Relationship of this Division with VCAT Act 120\n\n89E Operation of Public Records Act 1973 121\n\n89F Division to be in addition to Evidence Act 2008 121\n\nPart IV—Particular affidavits 122\n\n","sortOrder":6},{"sectionNumber":"Div 12","sectionType":"division","heading":"Miscellaneous 125","content":"Division 12—Miscellaneous 125\n\n","sortOrder":7},{"sectionNumber":"126B","sectionType":"section","heading":"False or misleading statement as to swearing etc. of affidavit 125","content":"126B False or misleading statement as to swearing etc. of affidavit 125\n\nPart VI—Recording of evidence 127\n\n130 Power to person acting judicially to direct that evidence be recorded 127\n\n131 As to methods of recording evidence 128\n\n134 Persons recording evidence under this Part to be officers of the court 128\n\n135 Records made under this Part to be received as prima facie evidence of matter therein contained 129\n\n137 Penalty for falsely recording evidence 130\n\n140 Power to Governor in Council to regulate fees 130\n\nPart VII—Offences relating to false documents and false certificates 132\n\n142 Forgery, using etc. false documents an indictable offence 132\n\n143 Printing or using documents falsely purporting to be printed by government printer an indictable offence 133\n\n144 Giving false certificates an indictable offence 134\n\n145 Interpretation provisions to apply to this Part 134\n\nPart VIII—Miscellaneous 135\n\n149A Admissions of fact in confiscation proceedings 135\n\n151A Supreme Court—limitation of jurisdiction 136\n\n152 Regulations 137\n\n155 Transitional provision—Magistrates' Court (Committal Proceedings) Act 2000 138\n\n156A Transitional provision—Sentencing (Further Amendment) Act 2005 138\n\n158A Transitional provision—Crimes (Sexual Offences) Act 2006 139\n\n159 Transitional provision—Crimes (Sexual Offences) (Further Amendment) Act 2006 140\n\n160 Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008 140\n\n161 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009 141\n\n162 Transitional provision—interpretation of references 141\n\n163 Transitional provision—Criminal Procedure Act 2009 142\n\n164 Transitional provision—Inquiries Act 2014 142\n\n165 Validation of certain acts and documents 143\n\n166 Transitional provision—Jury Directions and Other Acts Amendment Act 2017 145\n\n166A Transitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020 145\n\n167 Transitional provision—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021 146\n\n168 Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022 146\n\n169 Transitional provision—Justice Legislation Amendment (Committals) Act 2025 147\n\nSchedules 149\n\nSecond Schedule 150\n\nEndnotes 152\n\n1 General information 152\n\n2 Table of Amendments 154\n\n3 Explanatory details 174\n\n**Version No.** **200**\n\n**Evidence (Miscellaneous Provisions) Act 1958**\n\n**No. 6246 of 1958**\n\nVersion incorporating amendments as at  \n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\nS. 1  \namended by Nos 7324 s. 2, 7366 s. 2(a)–(c), 8003 s. 2(2), 8139 s. 2, 8190 s. 2(2), 8228 s. 7(a)–(c), 8327 s. 2(a), 10074 ss 4(2), 11(3)(a), 57/1989 s. 3(Sch.  \nitem 67.1), 69/2009 s. 3.\n\n\t1 Short title and commencement\n\nThis Act may be cited as the **Evidence (Miscellaneous Provisions) Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\nS. 2  \nrepealed by No. 12/1993 s. 6(a).\n\nS. 3 substituted by No. 8228 s. 2(1).\n\n\t3 Definitions\n\n(1) In this Act unless inconsistent with the context or subject-matter—\n\nS. 3(1) def. of *authorised deposit-taking institution* inserted by No. 11/2001 s. 3(Sch. item 25.1).\n\n***authorised deposit-taking institution*** has the same meaning as in the Banking Act 1959 of the Commonwealth;\n\n***business*** includes public administration and any business profession occupation calling trade or undertaking whether engaged in or carried on by the Crown, or by a statutory authority, or by any other person, whether or not it is engaged in or carried on for profit;\n\nS. 3(1) def. of *child* inserted by No. 2/2006 s. 24(a), amended by No. 11/2021 s. 3.\n\n***child*** means a person who is under the age of 18 years;\n\nSee section 42C for the meaning of ***child***  for the purposes of Part IIA.\n\nS. 3(1) def. of *cognitive impairment* inserted by No. 2/2006 s. 24(a).\n\n***cognitive impairment*** includes impairment because of mental illness, intellectual disability, dementia or brain injury;\n\n***court*** in relation to any legal proceeding, includes a person acting judicially;\n\n***criminal proceedings*** means any proceedings for or with respect to the committal for trial of any person for an indictable offence or the trial of any person for a summary or indictable offence;\n\nU.K. 1965 s. 4(1), U.K. 1968 s. 10(1), N.Z. s. 2(c).\n\n***document*** includes, in addition to a document in writing—\n\n(a) any book map plan graph or drawing;\n\n(b) any photograph;\n\n(c) any label marking or other writing which identifies or describes any thing of which it forms part, or to which it is attached by any means whatsoever;\n\n(d) any disc tape sound track or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom;\n\n(e) any film negative tape or other device in which one or more visual images are embodied so as to be capable (as aforesaid) of being reproduced therefrom; and\n\n(f) anything whatsoever on which is marked any words figures letters or symbols which are capable of carrying a definite meaning to persons conversant with them;\n\nU.K. 1968 s. 10(1).\n\nS. 3(1) def. of *film* amended by No. 10231 s. 4.\n\n***film*** includes a microfilm and a microfiche;\n\nS. 3(1) def. of *impaired* inserted by No. 8/1991 s. 7(a), repealed by No. 2/2006 s. 24(b).\n\nS. 3(1) def. of *lawyer* inserted by No. 18/2005 s. 18(Sch. 1 item 40.1), amended by No. 17/2014 s. 160(Sch. 2 item 40.1).\n\n***lawyer*** means an Australian lawyer;\n\nS. 3(1) def. of *legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 40.1), amended by No. 17/2014 s. 160(Sch. 2 item 40.1).\n\n***legal practitioner*** means an Australian legal practitioner;\n\nS. 3(1) def. of *legal proceeding* amended by No. 67/2014 s. 147(Sch. 2 item 16.1).\n\n***legal proceeding*** includes any civil criminal or mixed proceeding and any inquiry in which evidence is or may be given before any court or person acting judicially including a Royal Commission or Board of Inquiry under the **Inquiries Act 2014**;\n\nS. 3(1) def. of *person acting judiciall*y amended by Nos 57/1989 s. 3(Sch. item 67.2), 24/2008 s. 78(1).\n\n***person acting judicially*** includes any court judge arbitrator Associate Judge and any person or body having by law or by consent of parties authority to hear receive and examine evidence and any officer in any public department having in the discharge of his duties authority to examine evidence;\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 59.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\nS. 3(1) def. of *sexual offence* inserted by No. 8/1991 s. 7(b), repealed by No. 47/2016 s. 39.\n\nU.K. 1968 s. 10(2).\n\n***statement*** includes any representation of fact whether made in words or otherwise.\n\nS. 3(2) substituted by No. 7/2010 s. 7.\n\n(2) A reference in this Act to a document includes a reference to—\n\n(a) any part of the document; or\n\n(b) any copy, reproduction or duplicate of the document or of any part of the document; or\n\n(c) any part of such a copy, reproduction or duplicate.\n\nPart I—The means of obtaining evidence\n\nss 4–9.\n\nPt 1 Div. 1 (Heading and ss 4–9) amended by Nos 7840 s. 20(a), 110/1986 s. 140(2), 57/1989 s. 3(Sch. item 67.3), substituted as Pt 1 Div. 1 (Heading and ss 4–6) by No. 57/1990 s. 4.\n\nDivision 1—Orders and commissions to examine witnesses\n\nS. 4 substituted by No. 57/1990 s. 4.\n\n","sortOrder":8},{"sectionNumber":"4","sectionType":"section","heading":"Order to examine witnesses","content":"\t4 Order to examine witnesses\n\nS. 4(1) amended by No. 22/2020 s. 20(1).\n\n(1) The Supreme Court, in its discretion and where it appears in the interests of justice to do so, on the application of a party to a civil or criminal proceeding before the Supreme Court, may make, in relation to a person in Victoria, an order for the issue of a commission for the examination of the person on oath or affirmation at any place in Victoria.\n\nS. 4(1A) inserted by No. 22/2020 s. 20(2).\n\n(1A) The County Court, in its discretion and where it appears in the interests of justice to do so, on the application of a party to a civil or criminal proceeding before the County Court, may make, in relation to a person in Victoria, an order for the issue of a commission for the examination of the person on oath or affirmation at any place in Victoria.\n\nS. 4(2) amended by No. 22/2020 s. 20(3).\n\n(2) In determining whether it is in the interests of justice to make an order under subsection (1) or (1A) in relation to the taking of evidence of a person, the matters to which the court must have regard include the following—\n\n(a) whether the person will be able to give evidence material to any issue to be tried in the proceeding;\n\n(b) whether, having regard to the interests of other parties to the proceeding, justice will be better served by granting or refusing the order.\n\nS. 4(3) amended by No. 22/2020 s. 20(4).\n\n(3) If the Supreme Court makes an order under subsection (1), or the County Court makes an order under subsection (1A), the Court, in its discretion, at the time of the making of the order or at a subsequent time, may give such directions as it thinks just relating to the procedure to be followed in and in relation to the examination, including directions as to the time, place and manner of the examination, and to any other matter that the Court thinks relevant.\n\nS. 4(4) amended by No. 22/2020 s. 20(3).\n\n(4) Subject to subsection (5), the Supreme Court or the County Court may, on such terms, if any, as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding the evidence of a person taken in any examination held as a result of an order made under subsection (1) or (1A) or a record of that evidence.\n\n(5) Evidence of a person so tendered is not admissible if—\n\n(a) it appears to the satisfaction of the Supreme Court or County Court at the hearing of the proceeding that the person is able to attend the hearing; or\n\nS. 4(6) amended by No. 22/2020 s. 20(3).\n\n(6) If it is in the interests of justice to do so, the Supreme Court or County Court may, in its discretion, exclude from the proceeding evidence taken in an examination held as a result of an order made under subsection (1) or (1A), whether or not it is otherwise admissible.\n\n(7) In this section, a reference to evidence taken in an examination includes a reference to—\n\n(b) answers made, whether in writing, or orally and reduced to writing, to any written interrogatories presented at the examination.\n\nS. 5 substituted by No. 57/1990 s. 4,  \namended by No. 68/2009 s. 97(Sch. item 54.1), repealed by No. 69/2009 s. 4.\n\nS. 6 substituted by No. 57/1990 s. 4.\n\n","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Operation of other laws","content":"\t6 Operation of other laws\n\nThis Division is not intended to exclude or limit the operation of any other law, or of any rule or regulation made under, or in pursuance of, such a law, that makes provision for the examination of witnesses for the purpose of a proceeding in Victoria.\n\nSs 7–9 repealed by No. 57/1990 s. 4.\n\nPt 1 Div. 1A (Heading and ss 9A–9J) inserted by No. 8327 s. 2(b), amended by No. 57/1989 s. 3(Sch. items 67.4, 67.5), substituted as Pt 1 Div. 1A (Heading and ss 9A–9E) by No. 57/1990 s. 5.\n\n","sortOrder":10},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Examination of witnesses abroad","content":"Division 1A—Examination of witnesses abroad\n\nS. 9A substituted by No. 57/1990 s. 5.\n\n","sortOrder":11},{"sectionNumber":"9A","sectionType":"section","heading":"Definitions","content":"\t9A Definitions\n\n***Australia*** includes the Territories of the Commonwealth (whether internal or external) for the government of which as a Territory provision is made by any Commonwealth Act;\n\n***examination*** includes any proceeding for the taking of evidence of a person conducted by the judicial authorities of a foreign country in relation to a letter of request issued as a result of an order made by a court under this Division;\n\n***inferior court*** means a court of the State, except when exercising federal jurisdiction, not being a superior court;\n\n***superior court*** means the Supreme Court or County Court, except when exercising federal jurisdiction.\n\nS. 9B substituted by No. 57/1990 s. 5.\n\n","sortOrder":12},{"sectionNumber":"9B","sectionType":"section","heading":"Proceedings in superior courts","content":"\t9B Proceedings in superior courts\n\n(1) In any civil or criminal proceeding before a superior court, the court may, in its discretion and where it appears in the interests of justice to do so, on the application of a party to the proceeding, make, in relation to a person outside Australia, an order—\n\n(a) for the examination of the person on oath or affirmation at any place outside Australia before a judge of the court, an officer of the court or such other person as the court may appoint; or\n\n(b) for the issue of a commission for the examination of the person on oath or affirmation at any place outside Australia; or\n\n(c) for the issue of a letter of request to the judicial authorities of a foreign country to take, or to cause to be taken, the evidence of the person.\n\n(2) In determining whether it is in the interests of justice to make an order under subsection (1) in relation to the taking of evidence of a person, the matters to which the court must have regard include the following—\n\n(a) whether the person is willing or able to come to Victoria to give evidence in the proceeding;\n\n(b) whether the person will be able to give evidence material to any issue to be tried in the proceeding;\n\n(c) whether, having regard to the interests of other parties to the proceeding, justice will be better served by granting or refusing the order.\n\n(3) If a court makes an order under subsection (1) of the kind referred to in subsection (1)(a) or (b), the court, in its discretion, at the time of the making of the order or at a subsequent time, may give such directions as it thinks just relating to the procedure to be followed in and in relation to the examination, including directions as to the time, place and manner of the examination, and to any other matter that the court thinks relevant.\n\n(4) If a court makes, in relation to a proceeding, an order under subsection (1) of the kind referred to in subsection (1)(c) in relation to the taking of evidence of a person, the court may, in its discretion, include in the order a request as to any matter relating to the taking of that evidence, including any of the following matters—\n\n(a) the examination, cross-examination or re-examination of the person, whether the evidence of the person is given orally, upon affidavit or otherwise;\n\n(b) the attendance of the legal representative of each party to the proceeding and the participation of those persons in the examination in appropriate circumstances;\n\n(c) any prescribed matter.\n\n(5) Subject to subsection (6), the court may, on such terms, if any, as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding the evidence of a person taken in any examination held as a result of an order made under subsection (1) or a record of that evidence.\n\n(6) Evidence of a person so tendered is not admissible if—\n\n(a) it appears to the satisfaction of the court at the hearing of the proceeding that the person is in Victoria and is able to attend the hearing; or\n\n(7) If it is in the interests of justice to do so, the court may, in its discretion, exclude from the proceeding evidence taken in an examination held as a result of an order made under subsection (1), whether or not it is otherwise admissible.\n\n(8) In this section, a reference to evidence taken in an examination includes a reference to—\n\n(b) answers made, whether in writing, or orally and reduced to writing, to any written interrogatories presented at the examination.\n\nS. 9C substituted by No. 57/1990 s. 5.\n\n","sortOrder":13},{"sectionNumber":"9C","sectionType":"section","heading":"Proceedings in inferior courts","content":"\t9C Proceedings in inferior courts\n\n(1) The Supreme Court may, in its discretion, on the application of a party to a civil or criminal proceeding before an inferior court exercise the same power to make an order of the kind referred to in section 9B(1) for the purpose of that proceeding as the Supreme Court has under that subsection for the purpose of a proceeding in the Supreme Court.\n\n(2) Subsections (5), (6) and (7) of section 9B apply in relation to evidence taken in an examination held as a result of an order made by a court by virtue of this section in relation to an inferior court as if—\n\n(a) in subsections (5), (6) and (7)—\n\n(i) a reference to the proceeding were a reference to the proceeding in the inferior court; and\n\n(ii) a reference to the court were a reference to the inferior court; and\n\n(b) in subsections (5) and (7), a reference to an order made under subsection (1) were a reference to an order made by a court by virtue of this section.\n\nS. 9D substituted by No. 57/1990 s. 5, amended by No. 68/2009 s. 97(Sch. item 54.2).\n\n","sortOrder":14},{"sectionNumber":"9D","sectionType":"section","heading":"Exclusion of evidence in criminal proceeding","content":"\t9D Exclusion of evidence in criminal proceeding\n\nThis Division does not affect the power of a court in a criminal proceeding to exclude evidence that has been obtained illegally or would, if admitted, operate unfairly against the accused.\n\nS. 9E substituted by No. 57/1990 s. 5.\n\n","sortOrder":15},{"sectionNumber":"9E","sectionType":"section","heading":"Operation of other laws","content":"\t9E Operation of other laws\n\nThis Division is not intended to exclude or limit the operation of any law of the State, or of any rule or regulation made under, or in pursuance of, such a law, that makes provision for the examination of witnesses outside Australia for the purpose of a proceeding in the State.\n\nPt 1 Div. 1B (Heading and ss 9F–9K) inserted by No. 57/1990 s. 5.\n\n","sortOrder":16},{"sectionNumber":"Div 1B","sectionType":"division","heading":"Examination of witnesses outside the State but within Australia","content":"Division 1B—Examination of witnesses outside the State but within Australia\n\nS. 9F inserted by No. 57/1990 s. 5.\n\n","sortOrder":17},{"sectionNumber":"9F","sectionType":"section","heading":"Application of Division","content":"\t9F Application of Division\n\nThis Division does not apply to an examination outside Australia, and references in this Division to persons, acts, matters or things outside the State shall be read as excluding those outside Australia.\n\nS. 9G inserted by No. 57/1990 s. 5.\n\n","sortOrder":18},{"sectionNumber":"9G","sectionType":"section","heading":"Definitions","content":"\t9G Definitions\n\n***Australia*** includes the Territories of the Commonwealth (whether internal or external) for the government of which as a Territory provision is made by any Commonwealth Act;\n\n***examination*** includes any proceeding for the taking of evidence of a person conducted by the judicial authorities of a foreign country in relation to a letter of request issued as a result of an order made by a court under this Division;\n\n***inferior court*** means a court of the State, except when exercising federal jurisdiction, not being a superior court;\n\n***judicial authority***, in relation to a place outside the State, means a court or person prescribed as an appropriate judicial authority for that place;\n\n***superior court*** means the Supreme Court or County Court, except when exercising federal jurisdiction.\n\nS. 9H inserted by No. 57/1990 s. 5.\n\n","sortOrder":19},{"sectionNumber":"9H","sectionType":"section","heading":"Proceedings in superior courts","content":"\t9H Proceedings in superior courts\n\n(1) In any civil or criminal proceedings before a superior court, the court may, in its discretion and where it appears in the interests of justice to do so, make, in relation to a person outside the State, an order—\n\n(a) for the examination of the person on oath or affirmation at any place outside the State before a judge of the court, an officer of the court or such other person as the court may appoint; or\n\n(b) for the issue of a commission for the examination of the person on oath or affirmation at any place outside the State; or\n\n(c) for the issue of a letter of request to the judicial authorities of a place outside the State to take, or to cause to be taken, the evidence of the person.\n\n(2) In determining whether it is in the interests of justice to make an order under subsection (1) in relation to the taking of evidence of a person, the matters to which the court shall have regard include the following—\n\n(a) whether the person is willing or able to come to Victoria to give evidence in the proceeding;\n\n(b) whether the person will be able to give evidence material to any issue to be tried in the proceeding;\n\n(c) whether, having regard to the interests of the parties to the proceeding, justice will be better served by granting or refusing the order.\n\n(3) If a court makes an order under subsection (1) of the kind referred to in subsection (1)(a) or (b), the court, in its discretion, at the time of the making of the order or at a subsequent time, may give such directions as it thinks just relating to the procedure to be followed in and in relation to the examination, including directions as to the time, place and manner of the examination, and to any other matter that the court thinks relevant.\n\n(4) If a court makes, in relation to a proceeding, an order under subsection (1) of the kind referred to in subsection (1)(c) in relation to the taking of evidence of a person, the court may, in its discretion, include in the order a request as to any matter relating to the taking of that evidence, including any of the following matters—\n\n(a) the examination, cross-examination or re-examination of the person, whether the evidence of the person is given orally, upon affidavit or otherwise;\n\n(b) the attendance of the legal representative of each party to the proceeding and the participation of those persons in the examination in appropriate circumstances;\n\n(c) any prescribed matter.\n\n(5) Subject to subsection (6), the court may, on such terms, if any, as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding the evidence of a person taken in an examination held as a result of an order made under subsection (1) or a record of that evidence.\n\n(6) Evidence of a person so tendered is not admissible if—\n\n(a) it appears to the satisfaction of the court at the hearing of the proceeding that the person is in Victoria and is able to attend the hearing; or\n\n(7) If it is in the interests of justice to do so, the court may, in its discretion, exclude from the proceeding evidence taken in an examination held as a result of an order made in subsection (1) whether or not it is otherwise admissible.\n\n(8) In this section a reference to evidence taken in an examination includes a reference to—\n\n(b) answers made, whether in writing, or orally and reduced to writing, to any written interrogatories presented at the examination.\n\nS. 9I inserted by No. 57/1990 s. 5.\n\n","sortOrder":20},{"sectionNumber":"9I","sectionType":"section","heading":"Proceedings in inferior courts","content":"\t9I Proceedings in inferior courts\n\n(1) The Supreme Court may, in its discretion, on the application of a party to a civil or criminal proceeding before an inferior court, exercise the same power to make an order of the kind referred to in section 9H(1) for the purpose of that proceeding as the Supreme Court has under that subsection for the purpose of a proceeding in the Supreme Court.\n\n(2) Subsections (5), (6) and (7) of section 9H apply in relation to evidence taken in an examination held as a result of an order made by a court by virtue of this section in relation to an inferior court as if—\n\n(a) in subsections (5), (6) and (7)—\n\n(i) a reference to the proceeding were a reference to the proceeding in the inferior court; and\n\n(ii) a reference to the court were a reference to the inferior court; and\n\n(b) in subsections (5) and (7), a reference to an order made under subsection (1) were a reference to an order made by a court by virtue of this section.\n\nS. 9J inserted by No. 57/1990 s. 5, amended by No. 68/2009 s. 97(Sch. item 54.3).\n\n","sortOrder":21},{"sectionNumber":"9J","sectionType":"section","heading":"Exclusion of evidence in criminal proceedings","content":"\t9J Exclusion of evidence in criminal proceedings\n\nThis Division does not affect the power of a court in a criminal proceeding to exclude evidence that has been obtained illegally or would, if admitted, operate unfairly against the accused.\n\nS. 9K  \ninserted by No. 57/1990 s. 5.\n\n","sortOrder":22},{"sectionNumber":"9K","sectionType":"section","heading":"Operation of other laws","content":"\t9K Operation of other laws\n\nThis Division is not intended to exclude or limit the operation of any other law of the State, or of any rule or regulation made under, or in pursuance of such a law, that makes provision for the examination of witnesses outside the State for the purpose of a proceeding in the State.\n\nPt 1 Div. 1C (Heading and ss 9L–9Q) inserted by No. 57/1990 s. 6.\n\n","sortOrder":23},{"sectionNumber":"Div 1C","sectionType":"division","heading":"Taking of evidence for foreign and Australian courts[[1]](#endnote-2)","content":"Division 1C—Taking of evidence for foreign and Australian courts[[1]](#endnote-2)\n\nS. 9L  \n\n","sortOrder":24},{"sectionNumber":"9L","sectionType":"section","heading":"Definitions","content":"\t9L Definitions\n\n***Australia*** includes the Territories of the Commonwealth (whether internal or external) for the government of which as a Territory provision is made by any Commonwealth Act;\n\n***proceedings*** means—\n\n(a) proceedings in any civil or commercial matter; or\n\n(b) proceedings in or before a court in relation to the commission of an offence or an alleged offence;\n\n***property*** includes any land, chattel or other corporeal property of any description;\n\n***request*** includes any commission, order or other process issued by or on behalf of a requesting court;\n\n***requesting court*** means a court or tribunal by or on whose behalf a request is issued, as referred to in section 9M.\n\nS. 9M  \n\n","sortOrder":25},{"sectionNumber":"9M","sectionType":"section","heading":"Application to the Supreme Court for assistance in obtaining evidence for proceedings in other court","content":"\t9M Application to the Supreme Court for assistance in obtaining evidence for proceedings in other court\n\n(1) If an application is made to the Supreme Court for an order for evidence to be obtained in Victoria and the Supreme Court is satisfied—\n\n(a) that the application is made in pursuance of a request issued by or on behalf of a court or tribunal exercising jurisdiction in a place outside Victoria; and\n\n(b) that the evidence to which the application relates is to be obtained for the purposes of proceedings which either have been instituted before the requesting court or whose institution before that court is contemplated—\n\nthe following provisions of this Part apply.\n\n(2) This Part does not apply in respect of proceedings relating to the commission of an offence or an alleged offence unless the requesting court is a court of a place in Australia or of New Zealand.\n\nS. 9N  \n\n","sortOrder":26},{"sectionNumber":"9N","sectionType":"section","heading":"Power of the Supreme Court to give effect to application for assistance","content":"\t9N Power of the Supreme Court to give effect to application for assistance\n\n(1) The Supreme Court has power, on any such application as is mentioned in section 9M, by order to make such provision for obtaining evidence in Victoria as may appear to the court to be appropriate for the purpose of giving effect to the request in pursuance of which the application is made.\n\n(2) An order under this section may require a specified person to take such steps as the court may consider appropriate for that purpose.\n\n(3) Without limiting the generality of subsections (1) and (2), an order under this section may, in particular, make provision—\n\n(a) for the examination of witnesses, either orally or in writing;\n\n(b) for the production of documents;\n\n(c) for the inspection, photographing, preservation, custody or detention of any property;\n\n(d) for the taking of samples of any property and the carrying out of any experiments on or with any property;\n\n(e) for the medical examination of any person;\n\n(f) without limiting paragraph (e), for the taking and testing of samples of blood from any person.\n\n(4) An order under this section shall not require any particular steps to be taken unless they are steps which can be required to be taken by way of obtaining evidence for the purposes of proceedings in the Supreme Court (whether or not proceedings of the same description as those to which the application for the order relates).\n\nS. 9N(5) amended by No. 6/2018 s. 68(Sch. 2 item 51).\n\n(5) Subsection (4) does not preclude the making of an order requiring a person to give testimony (either orally or in writing) otherwise than on oath or by affirmation where this is asked for by the requesting court.\n\n(6) An order under this section shall not require a person—\n\n(a) to state what documents relevant to the proceedings to which the application for the order relates are or have been in the person's possession, custody or power; or\n\n(b) to produce any documents other than particular documents specified in the order and appearing to the court making the order to be, or to be likely to be, in the person's possession, custody or power.\n\n(7) A person who, by virtue of an order under this section, is required to attend at any place shall be entitled to the like conduct money and payment for expenses and loss of time on attendance as a witness in proceedings before the Supreme Court.\n\nS. 9O  \n\n","sortOrder":27},{"sectionNumber":"9O","sectionType":"section","heading":"Privilege of witnesses","content":"\t9O Privilege of witnesses\n\n(1) A person shall not be compelled by virtue of an order under section 9N to give any evidence which the person could not be compelled to give—\n\n(a) in similar proceedings in Victoria; or\n\n(b) in similar proceedings in the place in which the requesting court exercises jurisdiction.\n\n(2) Subsection (1)(b) does not apply unless the claim of the person in question to be exempt from giving evidence is either—\n\n(a) supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled); or\n\n(b) conceded by the applicant for the order.\n\n(3) Where such a claim by any person is not so supported or conceded, the person may (subject to the other provisions of this section) be required to give the evidence to which the claim relates, but that evidence shall not be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim.\n\n(4) In this section, references to giving evidence include references to answering any question and to producing any document, and the reference in subsection (3) to the transmission of evidence given by a person shall be construed accordingly.\n\nS. 9P  \ninserted by No. 57/1990 s. 6, amended by No. 6/2018 s. 68(Sch. 2 item 51).\n\n","sortOrder":28},{"sectionNumber":"9P","sectionType":"section","heading":"Offence","content":"\t9P Offence\n\nIf any person, in giving any testimony (either orally or in writing) otherwise than on oath or by affirmation, where required to do so by an order under section 9N, makes a statement—\n\n(a) which the person knows to be false in a material particular; or\n\n(b) which is false in a material particular and which the person does not believe to be true—\n\nthe person is guilty of an offence.\n\n1. imprisonment for 5 years.\n\nS. 9Q  \n\n","sortOrder":29},{"sectionNumber":"9Q","sectionType":"section","heading":"Operation of other laws","content":"\t9Q Operation of other laws\n\nThis Part is not intended to exclude or limit the operation of any other law of the State that makes provision for the taking of evidence in the State for the purpose of a proceeding outside the State.\n\nPt 1 Div. 2 (Heading and ss 10, 11) amended by Nos 57/1989 s. 3(Sch. item 67.6), 64/1990 s. 17, repealed by No. 69/2009 s. 5.\n\nDivision 3—Prisoners\n\nNo. 3674 s. 12.\n\nS. 12 amended by Nos 6651 s. 58(a)(b), 7705 s. 10, 10257 s. 84(a), 16/1986 s. 30, 110/1986 s. 140(2), 57/1989 s. 3(Sch. item 67.7), 4/1997  \ns. 4(1), 45/2001 s. 41(1), 48/2006 s. 42(Sch. item 13.1), 77/2008 s. 129(Sch. 2 item 9.1).\n\n","sortOrder":30},{"sectionNumber":"12","sectionType":"section","heading":"Prisoner may be brought before court to give evidence without writ of habeas corpus","content":"\t12 Prisoner may be brought before court to give evidence without writ of habeas corpus\n\nAny person in custody in any gaol police gaol prison penal establishment youth justice centre or remand centre for any cause or in the custody of the sheriff his deputy or any of his officers for any cause may upon an order in writing (in the form or to the effect in the Second Schedule) made as hereinafter provided be brought before, or be brought to another place specified in the order where facilities exist to enable the person (by audio or audio visual link within the meaning of Part IIA) to appear before[[2]](#endnote-3), any court judge or person acting judicially or person authorized to take the examination of witnesses under Division one of this Part to give evidence in or upon any legal proceedings without a writ of habeas corpus; and every such person is to be returned in due course to the place from which he or she was brought, unless released from custody according to law.\n\nWhere such proceedings are to take place before any court of which there is a judge appointed and commonly known by that name then such order shall be made by a judge of such court.\n\nWhere such proceedings are to take place before the County Court then such order shall be made by a judge thereof.\n\nWhere such proceedings are to take place before a special referee arbitrator or umpire or before any person authorized under Division one of this Part to take any examination within Victoria such order shall be made by the Supreme Court.\n\nIn all other cases such order shall be made by the Supreme Court or a magistrate.\n\nNothing in this section shall limit the effect of the provisions of the **Coroners Act 2008** relating to the attendance of prisoners at inquests.\n\nPt 1 Div. 4 (Heading and s. 13) amended by Nos 7840 s. 20(b), 110/1986 s. 140(2), repealed by No. 69/2009 s. 6.\n\nPt 1 Div. 5 (Heading and ss 14–21) amended by Nos 7933 s. 2, 8190 s. 2(1), 9554 s. 2(2)(Sch. 2 items 66, 67), 110/1986 s. 140(2), 31/1994 s. 3(Sch. 1 item 25), 80/1998 s. 6, 77/2008 s. 129(Sch. 2 item 9.2), 7/2010 s. 8, 43/2012 s. 3(Sch. item 17.1), 52/2012 s. 14, 37/2014 s. 10(Sch. items 59.2, 59.3), repealed by No. 67/2014 s. 147(Sch. 2 item 16.2).\n\nPt 1 Div. 6 (Heading and ss 21D–21H) inserted by No. 10074 s. 4(1).\n\n","sortOrder":31},{"sectionNumber":"Div 6","sectionType":"division","heading":"Disclosure of information relating to applications for legal aid","content":"Division 6—Disclosure of information relating to applications for legal aid\n\nS. 21D inserted by No. 10074 s. 4(1).\n\n","sortOrder":32},{"sectionNumber":"21D","sectionType":"section","heading":"Definitions","content":"\t21D Definitions\n\nIn this Division, unless inconsistent with the context or subject-matter—\n\nS. 21D def. of *applicant* amended by No. 48/1995 s. 11(4)(a)(i).\n\n***applicant*** means a person—\n\n(a) who proposes to apply—\n\n(i) to a legal aid body for legal aid; or\n\n(ii) to Victoria Legal Aid for legal assistance under the **Legal Aid Act 1978**; or\n\n(b) who applies to a legal aid body for legal aid;\n\nS. 21D def. of *legal aid* amended by No. 18/2005 s. 18(Sch. 1 item 40.2(b)).\n\n***legal aid*** means—\n\n(a) the provision of legal services without charge or upon condition that a person makes a payment or payments towards the cost of providing those services, including any out-of-pocket expenses incurred or to be incurred in providing those services;\n\n(b) the provision in respect of legal services provided or to be provided by a private law practice or private legal practitioner of the whole or part of the cost of providing those services, including any out-of-pocket expenses incurred or to be incurred in providing those services; or\n\n(c) both (a) and (b);\n\nS. 21D def. of *legal aid body* amended by Nos 48/1995 s. 11(4)(a)(ii), 18/2005 s. 18(Sch. 1 item 40.2(c)).\n\n***legal aid body*** means a body of persons whether corporate or unincorporate the sole or principal function of which is the provision of legal aid, but does not include a private law practice or Victoria Legal Aid;\n\nS. 21D def. of *Legal Aid Commission* repealed by No. 48/1995 s. 11(4)(a)(iii).\n\n***member of a legal aid body*** means any member of a legal aid body, any employee of a legal aid body and any person working with or for a legal aid body (whether or not for fee or reward);\n\nS. 21D def. of *private law practice* inserted by No. 18/2005 s. 18(Sch. 1 item 40.2(a)).\n\n***private law practice*** has the same meaning as in the **Legal Aid Act 1978**;\n\nS. 21D def. of *private legal practitioner* inserted by No. 18/2005 s. 18(Sch. 1 item 40.2(a)).\n\n***private legal practitioner*** has the same meaning as in the **Legal Aid Act 1978**;\n\nS. 21D def. of *private practitioner* substituted by No. 35/1996 s. 453(Sch. 1 item 29.1), amended by No. 102/1997 s. 49(Sch.  \nitem 2.1), repealed by No. 18/2005 s. 18(Sch. 1 item 40.2(d)).\n\nS. 21D def. of *Victoria Legal Aid* inserted by No. 48/1995 s. 11(4)(a)(iv).\n\n***Victoria Legal Aid*** means Victoria Legal Aid established under the **Legal Aid Act 1978**.\n\nS. 21E inserted by No. 10074 s. 4(1).\n\n","sortOrder":33},{"sectionNumber":"21E","sectionType":"section","heading":"Disclosure of information etc. relating to proposed applications","content":"\t21E Disclosure of information etc. relating to proposed applications\n\n(1) Any person or any member of a legal aid body who advises an applicant in relation to or assists an applicant in the preparation of a proposed application for legal aid shall not without the consent of the applicant—\n\n(a) produce in a court any document received by the person body or member in relation to the proposed application for legal aid; or\n\nS. 21E(1)(b) amended by No. 18/2005 s. 18(Sch. 1 item 40.3).\n\n(b) communicate or permit to be communicated except to a private law practice or private legal practitioner acting for the applicant or give in evidence in a court any information received by the person body or member in relation to the proposed application for legal aid.\n\n(2) A court shall not have power to compel any such person or member to produce any such document or communicate or give in evidence any such information unless the applicant has consented to that production or communication or to the giving of that evidence.\n\n(3) In this section, ***proposed application for legal aid*** means an application proposed to be made—\n\n(a) to a legal aid body for legal aid; or\n\nS. 21E(3)(b) substituted by No. 48/1995 s. 11(4)(b).\n\n(b) to Victoria Legal Aid for legal assistance under the **Legal Aid Act 1978**.\n\nS. 21F inserted by No. 10074 s. 4(1).\n\n","sortOrder":34},{"sectionNumber":"21F","sectionType":"section","heading":"Disclosure of information etc. relating to applications","content":"\t21F Disclosure of information etc. relating to applications\n\n(1) A member of a legal aid body shall not without the consent of the applicant—\n\n(a) produce in a court any document received by the body or member in relation to an application made to the body for legal aid; or\n\nS. 21F(1)(b) amended by No. 18/2005 s. 18(Sch. 1 item 40.3).\n\n(b) communicate or permit to be communicated except to a private law practice or private legal practitioner acting for the applicant or give in evidence in a court any information received by the body or member in relation to an application made to the body for legal aid.\n\n(2) A court shall not have power to compel any member of a legal aid body to produce any such document or communicate or give in evidence any such information unless the applicant has consented to that production or communication or to the giving of that evidence.\n\nS. 21G inserted by No. 10074 s. 4(1).\n\n","sortOrder":35},{"sectionNumber":"21G","sectionType":"section","heading":"Disclosure of information etc. where applicant has died","content":"\t21G Disclosure of information etc. where applicant has died\n\n(1) Where an applicant has died, a consent for the purposes of this Division may be given by the legal personal representative or spouse of the deceased applicant or a child of the deceased applicant.\n\n(2) This Division shall cease to have any application at and from the time at which there is no legal personal representative spouse or child of the deceased applicant.\n\nS. 21H inserted by No. 10074 s. 4(1).\n\n","sortOrder":36},{"sectionNumber":"21H","sectionType":"section","heading":"Application of this Division","content":"\t21H Application of this Division\n\n(1) This Division applies whether or not—\n\nS. 21H(1)(a) amended by No. 48/1995 s. 11(4)(c)(ii).\n\n(a) an application proposed to be made to a legal aid body or Victoria Legal Aid is made; or\n\n(b) a legal aid body, to which an application is made provides legal aid.\n\nS. 21H(2) amended by No. 48/1995 s. 11(4)(c)(i)(ii).\n\n(2) Nothing in this Division applies to or in relation to any investigation of or legal proceeding brought in respect of the giving of false information in or in connexion with an application to a legal aid body for legal aid or to Victoria Legal Aid for legal assistance under the **Legal Aid Act 1978**.\n\nPt 1 Div. 7 (Heading and ss 21I, 21J) inserted by No. 10231 s. 5.\n\n","sortOrder":37},{"sectionNumber":"Div 7","sectionType":"division","heading":"Family mediations","content":"Division 7—Family mediations\n\nS. 21I  \ninserted by No. 10231 s. 5.\n\n","sortOrder":38},{"sectionNumber":"21I","sectionType":"section","heading":"Definitions","content":"\t21I Definitions\n\n(1) In this Division—\n\n***family mediation centre*** means an organization declared by Order of the Governor in Council to be a family mediation centre;\n\n***family mediator*** means a person who is—\n\n(a) a marriage counsellor under the Family Law Act 1975 of the Commonwealth as amended and in force for the time being; or\n\n(b) declared a family mediator under subsection (2).\n\nS. 21I(2) amended by Nos 57/1989 s. 3(Sch. item 67.8), 46/1998  \ns. 7(Sch. 1).\n\n(2) The Secretary to the Department of Justice may declare a person to be a family mediator by notice published in the Government Gazette.\n\nS. 21J  \ninserted by No. 10231 s. 5, amended by No. 42/1987 s. 5.\n\n","sortOrder":39},{"sectionNumber":"21J","sectionType":"section","heading":"Admissions etc. made at mediation conferences","content":"\t21J Admissions etc. made at mediation conferences\n\nEvidence of anything said or of any admission or agreement made at or of any document prepared for the purpose of a conference with a family mediator in connexion with a family mediation centre is not admissible in any court or legal proceeding.\n\nPt 1 Div. 8 (Heading and ss 21K–21N) inserted by No. 42/1987 s. 4(1), amended by No. 57/1990 s. 8(1)(a).\n\n","sortOrder":40},{"sectionNumber":"Div 8","sectionType":"division","heading":"Dispute settlement centres[[3]](#endnote-4)","content":"Division 8—Dispute settlement centres[[3]](#endnote-4)\n\nS. 21K inserted by No. 42/1987 s. 4(1), amended by No. 57/1990 s. 8(1)(b)(c).\n\n","sortOrder":41},{"sectionNumber":"21K","sectionType":"section","heading":"Definitions","content":"\t21K Definitions\n\n***dispute settlement centre*** means an organisation declared by Order of the Governor in Council to be a dispute settlement centre;\n\nS. 21K def. of *mediator* amended by No. 46/1998  \ns. 7(Sch. 1).\n\n***mediator*** means a person who is declared, by notice by the Secretary to the Department of Justice published in the Government Gazette, to be a mediator.\n\nS. 21L inserted by No. 42/1987 s. 4(1), amended by No. 57/1990 s. 8(1)(b)(c).\n\n","sortOrder":42},{"sectionNumber":"21L","sectionType":"section","heading":"Admissions etc. at mediation conferences","content":"\t21L Admissions etc. at mediation conferences\n\nEvidence of anything said or of any admission or agreement made at, or of any document prepared for the purpose of, a conference with a mediator in connection with a dispute settlement centre is not admissible in any court or legal proceeding, except with the consent of all persons who were present at that conference.\n\nS. 21M inserted by No. 42/1987 s. 4(1), amended by No. 57/1990 s. 8(1)(b)(c).\n\n","sortOrder":43},{"sectionNumber":"21M","sectionType":"section","heading":"Confidentiality","content":"\t21M Confidentiality\n\n(1) A person who is or has been—\n\n(a) a mediator; or\n\n(b) a member or employee of a dispute settlement centre; or\n\n(c) a person working with or for a dispute settlement centre (whether or not for fee or reward)—\n\nshall not communicate to any other person or publish any information or document acquired by the person by reason of being such a mediator, member, employee or person unless the communication or publication—\n\n(d) is made with the consent of the person from whom the information or document was obtained; or\n\nS. 21M(1)(e) amended by No. 53/2010 s. 223(1).\n\n(e) is made for the purposes of evaluating the operation and activities of dispute settlement centres and does not disclose the identity of any person without his or her consent; or\n\n(f) is made by a person who reasonably considers that it is necessary to disclose the information or document for the purpose of preventing or minimising injury or damage to any person or property.\n\n1. 20 penalty units.\n\nS. 21M(2) inserted by No. 57/1990 s. 8(2), repealed by No. 53/2010 s. 223(2).\n\nS. 21N inserted by No. 42/1987 s. 4(1), amended by No. 57/1990 s. 8(1)(b)(c).\n\n","sortOrder":44},{"sectionNumber":"21N","sectionType":"section","heading":"Exoneration from liability","content":"\t21N Exoneration from liability\n\nA matter or thing done in good faith for the purpose of a conference with a mediator by a person who is—\n\n(a) a mediator; or\n\n(b) a member or employee of a dispute settlement centre; or\n\n(c) a person working with or for a dispute settlement centre (whether or not for fee or reward)—\n\ndoes not subject the person to any action, liability, claim or demand.\n\nPart II—Witnesses\n\nPt 2 Div. 1 (Heading and ss 22–25) amended by Nos 6758 s. 2, 9230 s. 4,  \n9576 s. 11(1), 10074 s. 5, 37/1986 s. 4, 8/1991 ss 8, 9, 12/1993 s. 3, 2/2006  \nss 25, 26, repealed by No. 69/2009 s. 7.\n\nDivision 2—Privileges disabilities and obligations of witnesses\n\nS. 26 amended by No. 9230 s. 5, repealed by No. 69/2009 s. 8(1).\n\nS. 27 amended by No. 9230 s. 6, repealed by No. 69/2009 s. 8(1).\n\nNos 3674 s. 28, 5183 s. 7.\n\nS. 28 (Heading) inserted by No. 69/2009 s. 8(2).\n\n","sortOrder":45},{"sectionNumber":"28","sectionType":"section","heading":"Confessions to doctors","content":"\t28 Confessions to doctors\n\nS. 28(1) amended by No. 7418 s. 2(a), repealed by No. 69/2009 s. 8(3).\n\nS. 28(2) amended by Nos 7418 s. 2(b), 10074 s. 6(a), 83/1987 s. 105, 67/2013 s. 649(Sch. 9 item 18(a)).\n\n(2) No physician or surgeon shall without the consent of his patient divulge in any civil suit action or proceeding any information which he has acquired in attending the patient and which was necessary to enable him to prescribe or act for the patient.\n\nS. 28(3) inserted by No. 7418 s. 2(c), substituted by No. 10074 s. 6(b).\n\n(3) Where a patient has died, no physician or surgeon shall without the consent of the legal personal representative or spouse of the deceased patient or a child of the deceased patient divulge in any civil suit action or proceeding any information which the physician or surgeon has acquired in attending the patient and which was necessary to enable the physician or surgeon to prescribe or act for the patient.\n\nS. 28(4) inserted by No. 10074 s. 6(b).\n\n(4) Subsection (3) shall cease to have any application to or in relation to any civil suit action or proceeding at and from the time at which there is no legal personal representative spouse or child of the deceased patient.\n\nS. 28(5) inserted by No. 10074 s. 6(b).\n\n(5) Subsections (2) and (3) do not apply to or in relation to—\n\n(a) an action brought under Part III of the **Wrongs Act 1958** to recover damages for the death of the patient;\n\nS. 28(5)(b) amended by Nos 10191 s. 276, 67/2013 s. 649(Sch. 9 item 18(b)).\n\n(b) proceedings brought under the **Workers Compensation Act 1958** or the **Accident Compensation Act 1985** or the **Workplace Injury Rehabilitation and Compensation Act 2013** to recover compensation for the death of the patient; or\n\n(c) any civil suit action or proceeding in which the sanity or testamentary capacity of the patient is the matter in dispute.\n\nS. 29 amended by No. 9576 s. 11(1), repealed by No. 69/2009 s. 8(4).\n\nS. 30 repealed by No. 67/2014 s. 147(Sch. 2 item 16.3).\n\nSs 31, 32 repealed by No. 69/2009 s. 8(5).\n\nS. 32A inserted by No. 110/1986 s. 133, repealed by No. 69/2009 s. 8(5).\n\nPt 2 Div. 2A (Heading) amended by No. 38/2022 s. 93(1).\n\nPt 2 Div. 2A (Heading and ss 32B–32G) inserted by No. 21/1998  \n\n","sortOrder":46},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Confidential communications and protected health information","content":"Division 2A—Confidential communications and protected health information\n\nS. 32AB inserted by No. 2/2006 s. 27, amended by Nos 68/2009 s. 97(Sch. item 54.4), 52/2012 s. 15.\n\n\t32AB Guiding principles\n\nIt is the intention of Parliament that in interpreting and applying this Division in any legal proceeding that relates (wholly or partly) to a charge for a sexual offence, courts are to have regard to the fact that—\n\n(a) there is a high incidence of sexual violence within society; and\n\n(b) sexual offences are significantly under-reported; and\n\n(c) a significant number of sexual offences are committed against women, children and other vulnerable persons including persons with a cognitive impairment; and\n\n(d) offenders are commonly known to their victims; and\n\n(e) sexual offences often occur in circumstances where there is unlikely to be any physical signs of an offence having occurred.\n\nS. 32B inserted by No. 21/1998  \n\n\t32B Definitions\n\n(1) In this Division—\n\nS. 32B(1) def. of *applicant for leave* inserted by No. 38/2022 s. 82(1).\n\n***applicant for leave*** means a party that applies for leave under section 32C(1);\n\nS. 32B(1) def. of *civil proceeding* inserted by No. 38/2022 s. 82(1).\n\n***civil proceeding*** means any proceeding in a court other than a criminal proceeding;\n\n***confidential communication*** means a communication, whether oral or written, made in confidence by a person against whom a sexual offence has been, or is alleged to have been committed to a registered medical practitioner or counsellor in the course of the relationship of medical practitioner and patient or counsellor and client, as the case requires, whether before or after the acts constituting the offence occurred or are alleged to have occurred;\n\nS. 32B(1) def. of *confidential statement* inserted by No. 38/2022 s. 82(1).\n\n***confidential statement*** has the meaning given by section 32CE(2);\n\n***counsellor*** means a person who is treating a person for an emotional or psychological condition;\n\n***harm*** includes actual physical bodily harm, financial loss, stress, shock, damage to reputation and emotional or psychological harm (such as shame, humiliation or fear);\n\nS. 32B(1) def. of *held* inserted by No. 38/2022 s. 82(1).\n\n***held***, in relation to protected health information, has the meaning given by section 5 of the **Health Records Act 2001**;\n\nS. 32B(1) def. of *protected confider* repealed by No. 38/2022 s. 82(2).\n\nS. 32B(1) def. of *protected evidence* amended by No. 2/2006 s. 28.\n\n***protected evidence*** means evidence that is protected from being produced or adduced by section 32C(1);\n\nS. 32B(1) def. of *protected health information* inserted by No. 38/2022 s. 82(1).\n\n***protected health information*** has the meaning given by section 32BA;\n\n***protected identity information***, in relation to a person, is information about, or enabling a person to ascertain, the address (including a private, business or official address) or telephone number (including a private, business or official telephone number) of the person;\n\nS. 32B(1) def. of *protected person* inserted by No. 38/2022 s. 82(1).\n\n***protected person*** means—\n\n(a) in relation to a confidential communication—the person who made the communication; or\n\n(b) in relation to protected health information—the person whom that information is about;\n\nS. 32B(1) def. of *registered medical practitioner* amended by No. 97/2005 s. 182(Sch. 4 item 19.1), substituted by No. 13/2010 s. 51(Sch. item 22.1).\n\n***registered medical practitioner*** means a person registered under  the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\n\n***sexual offence*** means an offence to which clause 1 of Schedule 1 to the **Sentencing Act 1991** applies.\n\n(2) For the purposes of this Division, a communication may be made in confidence even if it is made in the presence of a third party if the third party's presence is necessary to facilitate communication or further the treatment or counselling process.\n\nS. 32BA inserted by No. 38/2022 s. 83.\n\n\t32BA Meaning of *protected health information*\n\n(1) In this Division, health information is ***protected health information*** for the purposes of a proceeding if—\n\n(a) the proceeding is a criminal proceeding; and\n\n(b) the proceeding relates (wholly or partly) to a charge for a sexual offence; and\n\n(c) the health information is about a person against whom—\n\n(i) that sexual offence is alleged to have been committed; or\n\n(ii) any other sexual offence has been committed or is alleged to have been committed; and\n\n(d) the person who recorded or collected the information (or, if the information is an opinion, formed that opinion) did so in a professional capacity.\n\n(2) It does not matter whether the information was recorded or collected (or, if the information is an opinion, was formed) before or after the conduct constituting the sexual offence occurred or is alleged to have occurred.\n\n(3) In this section—\n\n***health information*** has the same meaning as in the **Health Records Act 2001**.\n\nS. 32C (Heading) inserted by No. 38/2022 s. 84(1).\n\nS. 32C inserted by No. 21/1998  \n\n\t32C Exclusion of evidence of confidential communications and protected health information\n\nS. 32C(1AA) inserted by No. 38/2022 s. 84(2).\n\n(1AA) This section applies to the following information—\n\n(a) in a civil proceeding, a confidential communication;\n\n(b) in a criminal proceeding—\n\n(i) a confidential communication; or\n\n(ii) protected health information.\n\nS. 32C(1) substituted by No. 2/2006 s. 29(1), amended by No. 38/2022 s. 84(4).\n\n(1) In a legal proceeding—\n\nS. 32C(1)(a) amended by No. 38/2022 s. 84(3).\n\n(a) a party cannot seek to compel another party to produce a document containing information to which this section applies;\n\nS. 32C(1)(b) amended by No. 38/2022 s. 84(3).\n\n(b) a document is not to be produced if it would disclose information to which this section applies;\n\n(c) evidence is not to be adduced if it would disclose—\n\nS. 32C(1)(c)(i) amended by No. 38/2022 s. 84(3).\n\n(i) information to which this section applies; or\n\nS. 32C(1)(c)(ii) amended by No. 38/2022 s. 84(3).\n\n(ii) the contents of a document recording information to which this section applies—\n\nunless the court grants leave to compel the production of the document or to produce it or to adduce the evidence, and the party seeking to have the document produced or to produce it or to adduce the evidence has complied with the requirements under section 32CA or 32CC (as the case requires) that are not waived.\n\nS. 32C(2) amended by No. 2/2006 s. 29(2)(a)(b), repealed by No. 38/2022 s. 84(5).\n\nS. 32C(3)–(6) repealed by No. 38/2022 s. 84(5).\n\nS. 32C(7) amended by No. 2/2006 s. 29(3).\n\n(7) Evidence that, because of subsection (1), is not to be compelled to be produced, produced or adduced in a legal proceeding is not admissible in the proceeding.\n\nS. 32CA inserted by No. 38/2022 s. 85.\n\n\t32CA Applicant for leave must give notice—civil proceedings\n\n(1) In a civil proceeding, an applicant for leave must give written notice of their intention to apply for leave under section 32C(1) to—\n\n(a) each other party; and\n\n(b) the medical practitioner or counsellor to whom the confidential communication was made.\n\n(2) The applicant for leave must give notice under subsection (1) no less than 14 days before the evidence is proposed to be compelled to be produced, produced or adduced.\n\n(3) The court may—\n\n(a) fix a period of notice shorter than that referred to in subsection (2); or\n\n(b) waive a requirement to give notice to a person referred to in subsection (1)(a) or (b).\n\nS. 32CB inserted by No. 38/2022 s. 85.\n\n\t32CB Persons other than parties appearing and making submissions as to leave—civil proceedings\n\nIn an application for leave under section 32C(1) in a civil proceeding, the following persons may, with the leave of the court, appear and make submissions—\n\n(a) the protected person;\n\n(b) the medical practitioner or counsellor to whom the confidential communication was made.\n\nS. 32CC inserted by No. 38/2022 s. 85.\n\n\t32CC Applicant for leave must give notice—criminal proceedings\n\n(1) In a criminal proceeding, an applicant for leave must give written notice of their intention to apply for leave under section 32C(1) to—\n\n(a) each other party; and\n\n(b) the informant; and\n\n(c) if the notice relates to a confidential communication—the medical practitioner or counsellor to whom that communication was made; and\n\n(d) if the notice relates to protected health information—whichever of the following entities the applicant for leave considers appropriate—\n\n(i) the person who recorded or collected the information (or, if the information is an opinion, formed that opinion);\n\n(ii) if the information is held by an organisation—that organisation.\n\n(2) The applicant for leave must give notice under subsection (1) no less than 14 days before the evidence is proposed to be compelled to be produced, produced or adduced.\n\n(3) If the court is satisfied that it is in the interests of justice to do so, the court may—\n\n(a) fix a period of notice shorter than that referred to in subsection (2); or\n\n(b) waive a requirement to give notice to a person or organisation referred to in subsection (1)(c) or (d).\n\nS. 32CD inserted by No. 38/2022 s. 85.\n\n\t32CD Prosecuting party to ensure notice is given to protected person—criminal proceedings\n\n(1) If an application for leave under section 32C(1) is made in a criminal proceeding, the prosecuting party must, subject to this section, ensure that written notice of the application is given to the protected person.\n\n(2) The prosecuting party must ensure that notice is given under subsection (1) within a reasonable time of the prosecuting party either giving or receiving, under section 32CC(1), notice of the application for leave.\n\n(3) Notice under subsection (1) must—\n\n(a) contain the matters specified in subsection (4); and\n\n(b) be in the form prescribed by the rules of court.\n\n(4) The matters are—\n\n(a) a statement that the protected person may appear in the proceeding, make submissions on the application and give a confidential statement; and\n\n(b) an explanation of how section 32CE(3) and (4) apply to a confidential statement; and\n\n(c) a statement that the protected person may wish to consider whether to obtain legal advice in relation to the application; and\n\n(d) information about the availability of legal advice in relation to the application.\n\n(5) The court may waive the requirement under subsection (1) if the court is satisfied that—\n\n(a) the prosecuting party has ensured that all reasonable steps to locate the protected person were taken, but the protected person has not been located; or\n\n(b) the protected person has consented in writing to not being notified about an application for leave under section 32C(1); or\n\n(c) the protected person has already been given notice under subsection (1)—\n\n(i) in respect of the same confidential communication or protected health information as that to which the application relates; and\n\n(ii) in the same proceeding as that in which the application is made.\n\nS. 32CE inserted by No. 38/2022 s. 85.\n\n\t32CE Persons other than parties appearing and making submissions as to leave—criminal proceedings\n\n(1) In an application for leave under section 32C(1) in a criminal proceeding, the protected person may appear, make submissions and give a statement in accordance with subsection (2).\n\n(2) The protected person may give the court, by affidavit, a statement (a ***confidential statement***) describing the harm that is likely to be caused to the protected person if the application is granted.\n\n(3) A court that receives a confidential statement must not make the statement available, or disclose its contents, to anyone other than the protected person or their legal representative, except in accordance with subsection (4).\n\n(4) The court may make the whole or any part of the confidential statement available, or disclose its contents, to a person other than the protected person or their legal representative if the court considers that it is in the interests of justice to do so.\n\n(5) If the application relates to a confidential communication, the medical practitioner or counsellor (as the case requires) may, with the leave of the court, appear and make submissions.\n\n(6) If the application relates to protected health information, the recipient of any notice given in accordance with section 32CC(1)(d) may, with the leave of the court, appear and make submissions.\n\nS. 32CF inserted by No. 38/2022 s. 85.\n\n\t32CF Production of document for purposes of determining application for leave\n\n(1) For the purposes of determining—\n\n(a) the application for leave under section 32C(1); or\n\n(b) an application for leave under section 32CB or 32CE(5) or (6) that is made in the course of the application referred to in paragraph (a)—\n\nthe court may order that the document to which the application under section 32C(1) relates be produced to it and may inspect it.\n\n(2) If a document is produced in accordance with an order under subsection (1), the court must not make the document available, or disclose its contents, to the party that applied for leave under section 32C(1).\n\nS. 32D inserted by No. 21/1998  \n\n","sortOrder":47},{"sectionNumber":"32D","sectionType":"section","heading":"Restriction on granting leave","content":"\t32D Restriction on granting leave\n\nS. 32D(1) amended by No. 2/2006 s. 30(1)(a).\n\n(1) A court must not grant leave to compel the production of, to produce or to adduce protected evidence unless it is satisfied, on the balance of probabilities, that—\n\nS. 32D(1)(a) substituted by No. 2/2006 s. 30(1)(b).\n\n(a) the evidence will, either by itself or having regard to other evidence produced or adduced or to be produced or adduced by the party seeking leave, have substantial probative value to a fact in issue; and\n\n(b) other evidence of similar or greater probative value concerning the matters to which the protected evidence relates is not available; and\n\nS. 32D(1)(c) amended by No. 38/2022 s. 86(1).\n\n(c) the public interest in preserving the confidentiality of confidential communications and protected health information and protecting a protected person from harm is substantially outweighed by the public interest in admitting, into evidence, evidence of substantial probative value.\n\nS. 32D(1A) inserted by No. 38/2022 s. 86(2).\n\n(1A) Additionally, in a criminal proceeding, a court must not grant leave described in subsection (1) unless it is satisfied that—\n\n(a) the protected person—\n\n(i) is aware of the application for leave; and\n\n(ii) has had a reasonable opportunity to consider obtaining legal advice about the application; or\n\n(b) the prosecuting party has ensured that all reasonable steps to locate the protected person were taken, but the protected person has not been located; or\n\n(c) the protected person has consented in writing to not being notified about an application for leave under section 32C(1); or\n\n(d) the protected person has already been given notice under section 32CD—\n\n(i) in respect of the same confidential communication or protected health information as that to which the application relates; and\n\n(ii) in the same proceeding as that in which the application is made.\n\nS. 32D(2) substituted by No. 2/2006 s. 30(2).\n\n(2) Without limiting the matters that the court may take into account for the purposes of subsection (1)(c), the court must take into account—\n\nS. 32D(2)(a) amended by No. 38/2022 s. 86(3).\n\n(a) the likelihood, and the nature or extent, of harm that would be caused to the protected person if the protected evidence is produced or adduced;\n\n(b) the extent to which the protected evidence is necessary to allow the accused to make a full defence;\n\n(c) the need to encourage victims of sexual offences to seek counselling and the extent to which victims may be discouraged to do so, or the extent to which the effectiveness of counselling may be diminished, if the protected evidence were produced or adduced;\n\n(d) whether the party seeking to compel the production of or to produce or adduce the protected evidence is doing so on the basis of a discriminatory belief or bias;\n\nS. 32D(2)(e) amended by No. 38/2022 s. 86(3).\n\n(e) whether the protected person objects to the disclosure of the protected evidence;\n\n(f) the nature and extent of the reasonable expectation of confidentiality and the potential prejudice to the privacy of any person.\n\nS. 32D(3) amended by No. 2/2006 s. 30(3)(a)(b).\n\n(3) A court may grant leave to compel the production of, or to produce or adduce, part of—\n\nS. 32D(3)(a) amended by No. 38/2022 s. 86(4).\n\n(a) a confidential communication or protected health information; or\n\nS. 32D(3)(b) amended by No. 38/2022 s. 86(4).\n\n(b) the contents of a document recording a confidential communication or protected health information—\n\nand, if so, that part of the document may be made available, or that part of its contents disclosed, in any manner that the court thinks fit to the party seeking to compel its production or to produce or adduce it in evidence.\n\n(4) The court must state its reasons for giving or refusing to give leave under this section.\n\n(5) If leave is refused under this section, that fact must not be referred to in the presence of the jury, if any.\n\nS. 32E inserted by No. 21/1998  \n\n","sortOrder":48},{"sectionNumber":"32E","sectionType":"section","heading":"Limitations on privilege","content":"\t32E Limitations on privilege\n\nS. 32E(1) amended by No. 2/2006 s. 31(1).\n\n(1) This Division does not prevent the production or adducing of evidence—\n\nS. 32E(1)(a) amended by No. 38/2022 s. 87(1).\n\n(a) with the consent of the protected person or, if he or she is under 14 years of age, with the consent of any person whom the court regards as being an appropriate person to give that consent; or\n\nS. 32E(1)(b) amended by No. 38/2022 s. 87(2).\n\n(b) of information acquired by a registered medical practitioner by physical examination (including communications made during the examination) of the protected person in relation to the commission or alleged commission of an offence against the protected person; or\n\n(c) of a communication made, or the contents of a document prepared, for the purpose of a legal proceeding arising from the commission or alleged commission of the sexual offence; or\n\n(d) of a communication made, or the contents of a document prepared, in the furtherance of the commission of a fraud or an offence or the commission of an act that renders a person liable to a civil penalty; or\n\n(e) of a communication made if it is evidence of the commission of an offence of wilful and corrupt perjury.\n\n(2) For the purposes of subsection (1)(d), if the commission of the fraud, offence or act is a fact in issue and there are reasonable grounds for finding that—\n\n(a) the fraud, offence or act was committed; and\n\n(b) a communication was made or document prepared in furtherance of the commission of the fraud, offence or act—\n\nthe court may find that the communication was so made or document so prepared.\n\nS. 32E(3) amended by No. 2/2006 s. 31(2).\n\n(3) If consent to the production or adducing of evidence is not given under subsection (1)(a), that fact must not be referred to in the presence of the jury, if any.\n\nS. 32F inserted by No. 21/1998  \n\n","sortOrder":49},{"sectionNumber":"32F","sectionType":"section","heading":"Ancillary orders available on a granting of leave","content":"\t32F Ancillary orders available on a granting of leave\n\nWithout limiting any action that the court may take to limit the possible harm, or extent of the harm, likely to be caused by the disclosure of protected evidence, the court may—\n\n(a) order that all or part of the evidence be heard in camera; or\n\nS. 32F(b) amended by No. 38/2022 s. 88(1).\n\n(b) make such orders relating to the suppression of publication of all or part of the evidence given before the court as, in its opinion, are necessary to protect the safety or welfare of—\n\n(i) the protected person; or\n\n(ii) a person to whom notice was required to be given under section 32CA(1)(b) or section 32CC(1)(c) or (d) (whether or not that requirement was waived); or\n\nS. 32F(c) amended by No. 38/2022 s. 88(2).\n\n(c) make such orders relating to disclosure of protected identity information as, in the opinion of the court, are necessary to protect the safety or welfare of the protected person or the safety of a person referred to in paragraph (b)(ii).\n\nS. 32G inserted by No. 21/1998  \n\n","sortOrder":50},{"sectionNumber":"32G","sectionType":"section","heading":"Operation of Division","content":"\t32G Operation of Division\n\n(1) Nothing in this Division affects the operation of—\n\nS. 32G(1)(a) amended by Nos 68/2009 s. 97(Sch. item 54.5), 69/2009 s. 8(6)(a).\n\n(a) section 28; or\n\nS. 32G(1)(ba) inserted by No. 69/2009 s. 8(6)(b).\n\n(ba) section 41, 103 or 127 of the **Evidence Act 2008**; or\n\nS. 32G(1)(b) amended by Nos 68/2009 s. 97(Sch. item 54.6), 65/2011 s. 107(Sch. item 5).\n\n(b) Division 1C of Part 3 of the **Sentencing Act 1991**; or  \n\nS. 32G(1)(c) inserted by No. 68/2009 s. 97(Sch. item 54.7).\n\n(c) Part 8.2 of the **Criminal Procedure Act 2009**.\n\n(2) Subsection (1) applies whether a communication was made before or after the date on which the sexual offence was committed or alleged to have been committed and whether made before or after the date on which section 4 of the **Evidence (Confidential Communications) Act 1998** came into operation.\n\nPt 2 Div. 3 (Heading) repealed by No. 43/2012 s. 3(Sch. item 17.2).\n\nNote to  \nPt 2 Div. 3 inserted by No. 2/2006 s. 32, repealed by No. 43/2012 s. 3(Sch. item 17.3).\n\nSs 33–37 repealed by No. 69/2009 s. 9.\n\nS. 37A inserted by No. 8950 s. 3, amended by Nos 9509 s. 10, 16/1986 s. 30, 57/1989 s. 3(Sch. item 67.9), 8/1991 s. 10, 81/1991 ss 4, 81/1997 s. 9, 92/2000 s. 13, 2/2006 s. 33(1)–(5), repealed by No. 68/2009 s. 97(Sch. item 54.8).\n\nS. 37B inserted by No. 8/1991 s. 11(1), amended by Nos 20/2004 s. 8(1), 2/2006 s. 33(6), 18/2008 s. 9, repealed by No. 68/2009 s. 97(Sch. item 54.9).\n\nS. 37C inserted by No. 8/1991 s. 11(1A) (as amended by No. 81/1991 s. 7), amended by Nos 81/1991 s. 5, 33/1994 s. 17(2), 35/1996 s. 453(Sch. 1 item 29.2), 81/1997 s. 10, 20/2004 s. 8(2), 2/2006 s. 34, 76/2006 s. 5, 52/2008 s. 243, repealed by No. 68/2009 s. 97(Sch. item 54.10).\n\nS. 37CAA inserted by No. 76/2006 s. 6, repealed by No. 68/2009 s. 97(Sch. item 54.11).\n\nS. 37CA inserted by No. 2/2006 s. 35, amended by No. 52/2008 s. 244, repealed by No. 68/2009 s. 97(Sch. item 54.12).\n\nS. 37D inserted by No. 102/1994 s. 94, amended by No. 2/2006 s. 36, repealed by No. 68/2009 s. 97(Sch. item 54.13).\n\nS. 37E inserted by No. 2/2006 s. 37, repealed by No. 68/2009 s. 97(Sch. item 54.14).\n\nSs 38–41 repealed by No. 69/2009 s. 9.\n\nPt 2 Div. 3AA (Heading and ss 41A–41H) inserted by No. 2/2006 s. 38, amended by Nos 76/2006 s. 7, 18/2008 ss 10–12, repealed by No. 68/2009 s. 97(Sch. item 54.15)[[4]](#endnote-5).\n\nS. 42  \nrepealed by No. 8228 s. 2(2)(a).\n\nPt 2 Div. 3A (Heading and new s. 42) inserted by No. 15/2005 s. 9, repealed by No. 68/2009 s. 97(Sch. item 54.16).\n\nPt 2 Div. 4 (Heading and ss 42A, 42B) inserted by No. 60/1993 s. 24, repealed by No. 69/2009 s. 11.\n\nPt 2AA (Headings and ss 42BA–42BS) inserted by No. 60/2004 s. 3 (as amended by No. 18/2005 s. 18(Sch. 1 item 41(a)(b))).\n\nPart IIAA—Witness identity protection\n\nDivision 1—Introductory\n\n\\\n\nS. 42BA inserted by No. 60/2004 s. 3 (as amended by No. 18/2005 s. 18(Sch. 1 item 41(a))).\n\n\t42BA Definitions\n\n(1) In this Part—\n\n***assumed name***—\n\n(a) of a local operative, has the meaning given in section 42BD(1)(a)(i);\n\n(b) of an interstate operative, means the name (if any) stated in the operative's interstate witness identity protection certificate as his or her assumed name;\n\n***Australian Crime Commission*** means Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth;\n\n***chief officer*** means—\n\n(a) in relation to Victoria Police—the Chief Commissioner of Police;\n\n(b) in relation to the Australian Crime Commission—the Chief Executive Officer of the Australian Crime Commission;\n\n***conduct*** includes any act or omission;\n\n***corresponding law*** means a law of another jurisdiction that is declared by the regulations to correspond to this Part;\n\ncourt includes any tribunal or person authorised by law or consent of parties to receive evidence;\n\n***court name*** for a local operative in relation to an interstate proceeding or for an interstate operative in relation to a proceeding in this jurisdiction, means a name (other than the operative's real name) or code used to identify the operative in the proceeding;\n\n***criminal activity*** means conduct that involves the commission of an offence by one or more persons;\n\n***false representation*** does not include a representation made under an authority under—\n\n(a) the **Crimes (Assumed Identities) Act 2004**; or\n\n(b) the **Crimes (Controlled Operations) Act 2004**;\n\n***interstate court*** means a court of another jurisdiction;\n\n***interstate operative*** means a person in respect of whom an interstate witness identity protection certificate is in force;\n\n***interstate proceeding*** means a proceeding in another jurisdiction;\n\n***interstate witness identity protection certificate*** means a certificate given under a provision of a corresponding law that corresponds to section 42BB;\n\n***investigation*** means an investigation in relation to criminal activity, including an investigation extending beyond this jurisdiction;\n\n***jurisdiction*** means the Commonwealth or a State or Territory of the Commonwealth;\n\n***law enforcement agency*** means the following agencies—\n\n(a) Victoria Police;\n\n(b) the Australian Crime Commission;\n\nS. 42BA(1) def. of *law enforcement officer* amended by No. 37/2014 s. 10(Sch. item 59.4(a)).\n\n***law enforcement officer*** means—\n\n(a) in relation to Victoria Police—a police officer;\n\n(b) in relation to the Australian Crime Commission—a member of staff of the Australian Crime Commission—\n\nand includes a person who is seconded to a law enforcement agency, including (but not limited to) a member of the police force or police service or a police officer (however described) of another jurisdiction;\n\n***local operative*** means a person who is or was—\n\n(a) authorised to acquire and use an assumed identity under the **Crimes (Assumed Identities) Act 2004**; or\n\n(b) a participant in an authorised operation under the **Crimes (Controlled Operations) Act 2004**;\n\nS. 42BA(1) def. of *member* repealed by No. 37/2014 s. 10(Sch. item 59.4(b)).\n\n***party*** to a proceeding, means—\n\n(a) for a criminal proceeding—the prosecutor and each accused person; or\n\n(b) for a civil proceeding—each person who is a party to the proceeding; or\n\n(c) for any other proceeding—each person who may appear or give evidence in the proceeding;\n\n***presiding officer*** in relation to a proceeding, means the person constituting the court, or presiding over the court, in the proceeding;\n\n***proceeding*** means any criminal, civil or other proceeding or inquiry, reference or examination in which by law or consent of parties evidence is or may be given, and includes an arbitration;\n\nS. 42BA(1) def. of *professional misconduct* amended by No. 37/2014 s. 10(Sch. item 59.4(c)).\n\n***professional misconduct*** means misconduct or a breach of discipline under—\n\n(a) the **Victoria Police Act 2013**; or\n\n(b) a law of another jurisdiction that corresponds to the **Victoria Police Act 2013**; or\n\n(c) a law of the Commonwealth that governs the conduct of members of staff of the Australian Crime Commission; or\n\n(d) a law of a foreign country that corresponds to the **Victoria Police Act 2013**;\n\n***this jurisdiction*** means Victoria;\n\nS. 42BA(1) def. of *Victoria Police* substituted by No. 37/2014 s. 10(Sch. item 59.4(d)).\n\n***Victoria Police*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***witness identity protection certificate*** means a certificate given under section 42BB.\n\n(2) For the purposes of this Part—\n\n(a) a charge against a person for an offence is ***outstanding*** until the charge is finally dealt with in any of the following ways—\n\n(i) the charge is withdrawn;\n\n(ii) the charge is dismissed by a court;\n\nS. 42BA(2) (a)(iii) amended by No. 5/2025 s. 46.\n\n(iii) the person is discharged by a court following a committal proceeding;\n\n(iv) the person is acquitted or found guilty of the offence by a court;\n\nS. 42BA(2)  \n(a)(v) substituted by No. 68/2009 s. 97(Sch. item 54.17).\n\n(v) the prosecution of the offence is discontinued;\n\n(b) a charge against a person for an offence is pending if the person has not yet been charged with the offence, but—\n\n(i) the person has been arrested for the offence, unless the person has been later released without being charged with an offence; or\n\n(ii) a summons to appear before a court to answer a charge for the offence has been served on the person;\n\n(c) an allegation of professional misconduct against a person is ***outstanding*** if the allegation has not been finally dealt with in accordance with the law of the jurisdiction or foreign country that governs the procedure for dealing with the allegation.\n\n(3) For the purposes of this Part—\n\n(a) anything permitted to be done by a party to a proceeding may be done by the party's legal practitioner;\n\n(b) any requirement to give something to a party to a proceeding is satisfied by giving the thing to the party's legal practitioner.\n\nDivision 2—Witness identity protection certificates for local operatives\n\nS. 42BB inserted by No. 60/2004 s. 3.\n\n\t42BB Giving witness identity protection certificate\n\n(1) The chief officer of a law enforcement agency may give a certificate for a local operative of the agency in relation to an interstate proceeding if—\n\n(a) the local operative is, or may be required, to give evidence in the interstate proceeding; and\n\n(b) the chief officer is satisfied on reasonable grounds that the disclosure in the interstate proceeding of the local operative's identity or where the local operative lives is likely to—\n\n(i) endanger the safety of the local operative or someone else; or\n\n(ii) prejudice any investigation.\n\n(2) The chief officer must make all reasonable enquiries to enable him or her to ascertain the information required to be included in the certificate by section 42BD.\n\n(3) The chief officer cannot give a certificate for a local operative until the chief officer has obtained a statutory declaration from the local operative under section 42BC.\n\nS. 42BC inserted by No. 60/2004 s. 3.\n\n\t42BC Statutory declaration by local operative\n\n(1) Before a witness identity protection certificate is given for a local operative, the local operative must make a statutory declaration of the following matters—\n\n(a) whether the local operative has been convicted or found guilty of an offence (in Victoria or elsewhere) and, if so, particulars of each offence; and\n\n(b) whether any charges against the local operative for an offence are pending or outstanding (in Victoria or elsewhere) and, if so, particulars of each charge; and\n\n(c) if the local operative is or was a law enforcement officer—\n\n(i) whether the local operative has been found guilty of professional misconduct and, if so, particulars of each finding; and\n\n(ii) whether, to the local operative's knowledge, any allegations of professional misconduct against him or her are outstanding and, if so, particulars of each allegation; and\n\n(d) whether, to the local operative's knowledge, a court (in Victoria or elsewhere) has made any adverse comment about his or her credibility and, if so, particulars of the comment; and\n\n(e) whether the local operative has made a false representation when the truth was required and, if so, particulars of the representation; and\n\n(f) particulars of anything else known to the local operative that may be relevant to his or her credibility.\n\n(2) Subject to subsection (3), a person cannot be compelled to disclose or produce a statutory declaration made under this section in any proceeding.\n\n(3) Subsection (2) does not apply to—\n\n(a) proceedings for perjury or otherwise in respect of the falsity of the statutory declaration; or\n\n(b) proceedings of a disciplinary nature against a law enforcement officer; or\n\n(c) investigations or inquiries by a person or body in any jurisdiction having jurisdiction to investigate or inquire into the conduct of a law enforcement officer.\n\nS. 42BD inserted by No. 60/2004 s. 3 (as amended by No. 18/2005 s. 18(Sch. 1 item 41(a))).\n\n\t42BD Form of witness identity protection certificate\n\n(1) A witness identity protection certificate for a local operative of a law enforcement agency in relation to an interstate proceeding must state the following—\n\n(a) if the local operative—\n\n(i) is known to a party to the interstate proceeding or a party's lawyer by a name other than the operative's real name—that name (the ***assumed name***); or\n\n(ii) is not known to any party to the interstate proceeding or any party's legal practitioner by a name—the operative's court name for the interstate proceeding; and\n\n(b) the period the local operative was involved in the investigation to which the interstate proceeding relates; and\n\n(c) the name of the agency; and\n\n(d) the date of the certificate; and\n\n(e) the grounds for giving the certificate; and\n\n(f) whether the local operative has been convicted or found guilty of an offence (in Victoria or elsewhere) and, if so, particulars of each offence; and\n\n(g) whether any charges against the local operative for an offence are pending or outstanding (in Victoria or elsewhere) and, if so, particulars of each charge; and\n\n(h) if the local operative is or was a law enforcement officer—\n\n(i) whether the local operative has been found guilty of professional misconduct and, if so, particulars of each finding; and\n\n(ii) whether any allegations of professional misconduct against the local operative are outstanding and, if so, particulars of each allegation; and\n\n(i) whether, to the knowledge of the person giving the certificate, a court (in Victoria or elsewhere) has made any adverse comment about the local operative's credibility and, if so, particulars of the comment; and\n\n(j) whether, to the knowledge of the person giving the certificate, the local operative has made a false representation when the truth was required and, if so, particulars of the representation; and\n\n(k) if there is anything else known to the person giving the certificate that may be relevant to the local operative's credibility—particulars of the thing.\n\n(2) A witness identity protection certificate for a local operative must not contain information that may allow the operative's identity, or where the operative lives, to be revealed.\n\nS. 42BE inserted by No. 60/2004 s. 3.\n\n\t42BE Protection of decision to give certificate\n\n(1) A decision to give a witness identity protection certificate—\n\n(a) is final; and\n\n(b) cannot be appealed against, reviewed, called into question, quashed or invalidated in any court.\n\n(2) Subsection (1) does not prevent a decision to give a witness identity protection certificate being called into question in the course of any proceedings of a disciplinary nature against the person who made the decision.\n\nS. 42BF inserted by No. 60/2004 s. 3.\n\n\t42BF Cancellation of witness identity protection certificate\n\n(1) This section applies if the chief officer of a law enforcement agency gives a witness identity protection certificate for a local operative of the agency in relation to an interstate proceeding.\n\n(2) The chief officer must cancel the witness identity protection certificate if the chief officer considers that it is no longer necessary or appropriate to prevent the disclosure of the local operative's identity or where the local operative lives.\n\n(3) If the chief officer cancels the certificate after it has been filed in an interstate court, the chief officer must immediately give notice to the interstate court and each party to the interstate proceeding, in writing, that the certificate has been cancelled.\n\nS. 42BG inserted by No. 60/2004 s. 3.\n\n\t42BG Permission to give information disclosing operative's identity etc.\n\n(1) This section applies if the chief officer of a law enforcement agency gives a witness identity protection certificate for a local operative of the agency in relation to an interstate proceeding.\n\n(2) The chief officer may, in writing, permit a person to give information (otherwise than in the proceeding) that discloses, or may lead to the disclosure of, the local operative's identity or where the local operative lives if the chief officer considers it necessary or appropriate for the information to be given.\n\n(3) The permission—\n\n(a) must name the person who may give the information; and\n\n(b) must name the person to whom the information may be given; and\n\n(c) must state the information that may be given; and\n\n(d) may state how the information may be given.\n\nS. 42BH inserted by No. 60/2004 s. 3.\n\n\t42BH Disclosure offences\n\n(1) A person commits an offence if—\n\n(a) a witness identity protection certificate for a local operative has been given; and\n\n(b) the person knows that, or is reckless as to whether, the certificate has been given; and\n\n(c) the person intentionally, knowingly or recklessly does something (the ***disclosure action***) that discloses, or is likely to lead to the disclosure of, the local operative's identity or where the local operative lives; and\n\n(d) the person knows that, or is reckless as to whether, the certificate had not been cancelled under section 42BF before the person does the disclosure action; and\n\n(e) the person knows that, or is reckless as to whether, the disclosure action is not—\n\n(i) authorised under a corresponding law; or\n\n(ii) permitted under section 42BG.\n\n(2) A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) in circumstances in which the person—\n\n(a) intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation; or\n\n(b) knows that, or is reckless as to whether, the disclosure action—\n\n(i) endangers or will endanger the health or safety of any person; or\n\n(ii) prejudices or will prejudice the effective conduct of an investigation.\n\n1. Imprisonment for 10 years.\n\n(3) An offence against subsection (2) is an indictable offence.\n\n(4) For the purposes of the **Freedom of Information Act 1982**, information referred to in subsection (1) is information of a kind to which section 38 of that Act applies.\n\nS. 42BI inserted by No. 60/2004 s. 3.\n\n\t42BI Reports about witness identity protection certificates\n\n(1) As soon as practicable after the end of each financial year, the chief officer of a law enforcement agency must submit to the Minister a report about witness identity protection certificates given by the chief officer during that year.\n\n(2) The report must include the following—\n\n(a) the number of witness identity protection certificates given; and\n\n(b) on what basis the chief officer was satisfied about the matters mentioned in section 42BB(1)(b) for each certificate; and\n\n(c) if leave was given or an order made under a provision of a corresponding law that corresponds to section 42BP in an interstate proceeding in which a witness identity protection certificate for a local operative of the agency was filed—details of the interstate proceeding that relate to the leave or order; and\n\n(d) if a witness identity protection certificate was cancelled under section 42BF—the reasons why the certificate was cancelled; and\n\n(e) if a permission was given under section 42BG—the reasons why the permission was given; and\n\n(f) any other information relating to witness identity protection certificates and the administration of this Part that the Minister considers appropriate.\n\n(3) The report must not include information that discloses, or may lead to the disclosure of, a local operative's identity, or where the local operative lives, unless the witness identity protection certificate for the local operative has been cancelled.\n\n(4) The Minister must cause a copy of the report to be laid before each House of Parliament within 15 sitting days after the day on which the Minister receives the report.\n\nS. 42BJ inserted by No. 60/2004 s. 3.\n\n\t42BJ Delegation\n\n(1) Except as provided by this section (and despite any other Act or law to the contrary) the functions of a chief officer under this Part may not be delegated to any other person.\n\n(2) A chief officer may delegate any of the chief officer's functions under this Part (except this power of delegation) to a senior officer of the law enforcement agency.\n\nS. 42BJ(3) amended by No. 37/2014 s. 10(Sch. item 59.5).\n\n(3) For the avoidance of doubt, this section prevails over section 19 of the **Victoria Police Act 2013**.\n\n(4) In this section—\n\n***senior officer*** means—\n\n(a) in relation to Victoria Police—a Deputy Commissioner;\n\n(b) in relation to the Australian Crime Commission—\n\n(i) the Director National Operations; or\n\n(ii) the General Manager National Operations; or\n\n(iii) a member of staff of the Australian Crime Commission who is an SES employee or acting SES employee (within the meaning of the Australian Crime Commission Act 2002 of the Commonwealth) and who holds a position that is prescribed by the regulations for the purposes of this definition.\n\nDivision 3—Interstate witness identity protection certificates\n\nS. 42BK inserted by No. 60/2004 s. 3.\n\n\t42BK Application of Division\n\n(1) This Division applies to a proceeding in this jurisdiction in which an interstate operative is, or may be, required to give evidence obtained as an interstate operative.\n\n(2) To remove any doubt, this Division does not affect the operation of the common law in relation to the protection of the identity of a person who is not an interstate operative who gives or intends to give evidence in a proceeding in this jurisdiction.\n\nS. 42BL inserted by No. 60/2004 s. 3.\n\n\t42BL Filing and notification\n\n(1) An interstate witness identity protection certificate for an interstate operative in relation to a proceeding in this jurisdiction must be filed in the court before the interstate operative gives evidence in the proceeding.\n\n(2) The person who files the certificate must give a copy of it to each party to the proceeding at least 14 days (or the shorter period agreed to by the party) before the day the interstate operative is to give evidence.\n\n(3) The court may order the person filing the certificate to give a copy of it to someone else stated in the order.\n\nS. 42BM inserted by No. 60/2004 s. 3 (as amended by No. 18/2005 s. 18(Sch. 1 item 41(b))).\n\n\t42BM Effect of interstate witness identity protection certificate\n\n(1) This section applies if—\n\n(a) an interstate witness identity protection certificate for an interstate operative is filed in accordance with section 42BL(1); and\n\n(b) either—\n\n(i) a copy of the certificate is given to each party in accordance with section 42BL(2) and to each person in accordance with an order under section 42BL(3) (if any); or\n\n(ii) the court gives leave for this section to apply despite non-compliance with section 42BL(2) or (3).\n\n(2) If this section applies—\n\n(a) the interstate operative may give evidence in the proceeding under the assumed name, or court name, stated in the certificate; and\n\n(b) subject to sections 42BO and 42BP—\n\n(i) a question must not be asked of a witness, including the interstate operative, that may lead to the disclosure of the interstate operative's identity or where the interstate operative lives; and\n\n(ii) a witness, including the interstate operative, cannot be required to (and must not) answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the interstate operative's identity or where the interstate operative lives; and\n\n(iii) a person involved in the proceeding must not make a statement that discloses, or may lead to the disclosure of, the interstate operative's identity or where the interstate operative lives.\n\n(3) For the purposes of this section, a person involved in a proceeding includes—\n\n(a) the court;\n\n(b) a party to the proceeding;\n\n(c) a person given leave to be heard or make submissions in the proceeding;\n\n(d) a legal practitioner representing a person referred to in paragraph (b) or (c) or a lawyer assisting the court in the proceeding;\n\n(e) any other officer of the court or person assisting the court in the proceeding;\n\n(f) a person acting in the execution of any process or the enforcement of any order in the proceeding.\n\nS. 42BN inserted by No. 60/2004 s. 3.\n\n\t42BN Orders to protect interstate operative's identity etc.\n\n(1) The court in which an interstate witness identity protection certificate is filed may make any order it considers necessary or desirable to protect the identity of the interstate operative for whom the certificate is given or to prevent the disclosure of where the operative lives.\n\n(2) A person is guilty of an offence if—\n\n(a) the person knows that, or is reckless as to whether, an order has been made under subsection (1); and\n\n(b) the person intentionally, knowingly or recklessly contravenes the order.\n\n(3) Subsection (2) does not limit the court's power to punish for contempt.\n\nS. 42BO inserted by No. 60/2004 s. 3.\n\n\t42BO Disclosure of interstate operative's identity to presiding officer\n\n(1) This section applies if an interstate witness protection certificate for an interstate operative in relation to a proceeding is filed in a court.\n\n(2) The presiding officer in the proceeding may require the interstate operative—\n\n(a) to disclose his or her true identity to the presiding officer; and\n\n(b) to provide the presiding officer with photographic evidence of that identity.\n\nS. 42BP inserted by No. 60/2004 s. 3.\n\n\t42BP Application for disclosure of interstate operative's identity etc.\n\n(1) This section applies if an interstate witness protection certificate for an interstate operative in relation to a proceeding is filed in a court.\n\n(2) A party to the proceeding, or a lawyer assisting the court in the proceeding, may apply to the court—\n\n(a) for leave—\n\n(i) to ask a question of a witness, including the interstate operative, that may lead to the disclosure of the interstate operative's identity or where the interstate operative lives; or\n\n(ii) for a person involved in the proceeding to make a statement that discloses, or may lead to the disclosure of, the interstate operative's identity or where the interstate operative lives; or\n\n(b) for an order requiring a witness, including the interstate operative, to answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the interstate operative's identity or where the interstate operative lives.\n\n(3) The court may—\n\n(a) give leave for the party or lawyer to do anything mentioned in subsection (2)(a);\n\n(b) make an order requiring a witness to do anything mentioned in subsection (2)(b).\n\n(4) However, the court must not give leave or make an order unless satisfied about each of the following—\n\n(a) there is evidence that, if accepted, would substantially call into question the interstate operative's credibility; and\n\n(b) it would be impractical to test properly the credibility of the interstate operative without allowing the risk of disclosure of, or disclosing, the interstate operative's identity or where the interstate operative lives; and\n\n(c) it is in the interests of justice for the interstate operative's credibility to be able to be tested.\n\n(5) If there is a jury in the proceeding, the application must be heard in the absence of the jury.\n\n(6) Unless the court considers that the interests of justice require otherwise, the court must be closed when—\n\n(a) the application is made; and\n\n(b) if leave is given or an order is made in response to the application—the question is asked (and answered), the evidence is given, the information is provided or the statement is made.\n\nS. 42BQ inserted by No. 60/2004 s. 3.\n\n\t42BQ Suppression and protection orders\n\n(1) If an application is made under section 42BP(2), the court must make an order suppressing the publication of anything said when—\n\n(a) the application is made; and\n\n(b) if leave is given or an order is made in response to the application—the question is asked (and answered), the evidence is given, the information is provided or the statement is made.\n\n(2) Nothing in subsection (1) prevents the taking of a transcript of court proceedings, but the court may make an order for how the transcript is to be dealt with, including an order suppressing its publication.\n\n(3) The court may make any other order it considers appropriate to protect the interstate operative's identity or to prevent the disclosure of where the interstate operative lives.\n\n(4) A person is guilty of an offence if—\n\n(a) the person knows that, or is reckless as to whether, an order has been made under subsection (1), (2) or (3); and\n\n(b) the person intentionally, knowingly or recklessly contravenes the order.\n\n(5) Subsection (4) does not limit the court's power to punish for contempt.\n\nS. 42BR inserted by No. 60/2004 s. 3.\n\n\t42BR Directions to jury\n\n(1) This section applies if—\n\n(a) an interstate witness identity protection certificate for an interstate operative in relation to a proceeding is filed in a court; and\n\n(b) there is a jury in the proceeding; and\n\n(c) the interstate operative gives evidence.\n\nS. 42BR(2) amended by No. 68/2009 s. 97(Sch. item 54.18).\n\n(2) The court must (unless it considers it inappropriate) direct the jury not to give the interstate operative's evidence any more or less weight, or draw any adverse inferences against the accused or another party to the proceeding, because—\n\n(a) there is an interstate witness identity protection certificate for the interstate operative; or\n\n(b) the court has made an order under section 42BN or section 42BQ.\n\nS. 42BS inserted by No. 60/2004 s. 3.\n\n\t42BS Disclosure offences\n\n(1) A person commits an offence if—\n\n(a) an interstate witness identity protection certificate for an interstate operative has been given; and\n\n(b) the person knows that, or is reckless as to whether, the certificate has been given; and\n\n(c) the person intentionally, knowingly or recklessly does something (the ***disclosure action***) that discloses, or is likely to lead to the disclosure of, the interstate operative's identity or where the interstate operative lives; and\n\n(d) the person knows that, or is reckless as to whether, the certificate had not been cancelled under a corresponding law before the person does the disclosure action; and\n\n(e) the person knows that, or is reckless as to whether, the disclosure action is not—\n\n(i) authorised by leave or an order under section 42BP; or\n\n(ii) authorised or permitted under a corresponding law.\n\n(2) A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) in circumstances in which the person—\n\n(a) intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation; or\n\n(b) knows that, or is reckless as to whether, the disclosure action—\n\n(i) endangers or will endanger the health or safety of any person; or\n\n(ii) prejudices or will prejudice the effective conduct of an investigation.\n\n1. Imprisonment for 10 years.\n\n(3) An offence against subsection (2) is an indictable offence.\n\n(4) Nothing in this section prevents a person from complying with a requirement under section 42BO.\n\n(5) For the purposes of the **Freedom of Information Act 1982**, information referred to in subsection (1) is information of a kind to which section 38 of that Act applies.\n\nPt 2A (Heading and ss 42C–42Y) inserted by No. 4/1997  \n\nPart IIA—Use of audio visual and audio links[[5]](#endnote-6)\n\nDivision 1—Definitions\n\nS. 42C inserted by No. 4/1997  \n\n","sortOrder":51},{"sectionNumber":"42C","sectionType":"section","heading":"Definitions","content":"\t42C Definitions\n\nIn this Part—\n\nS. 42C def. of *accused* *person* substituted as *accused* by No. 68/2009 s. 97(Sch. item 54.19(a)).\n\n***accused*** has the same meaning as in the **Criminal Procedure Act 2009**;\n\nS. 42C def. of *appear* inserted by No. 68/2009 s. 97(Sch. item 54.19(d)).\n\n***appear*** includes attend;\n\n***appropriate persons*** means persons that the court considers to be appropriate in the particular case;\n\n***audio link*** means facilities (including telephone) that enable audio communication between persons at different places;\n\n***audio visual link*** means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places;\n\nS. 42C def. of *child* amended by Nos 72/2004 s. 41, 48/2006 s. 42(Sch. item 13.2), 68/2009 s. 97(Sch. item 54.19(b)).\n\n***child*** means—\n\n(a) in the case of a person who—\n\n(i) has been taken into custody for an offence and is required to be brought before the Children's Court; or\n\n(ii) is a party to a proceeding in the Children's Court; or\n\n(iii) is the subject of an application made to, or order made by, the Children's Court—\n\na person who is a child within the meaning of the **Children, Youth and Families Act 2005**; and\n\n(b) a person in respect of whom a sentence within the meaning of the **Children, Youth and Families Act 2005** is in force who is required to appear before the Children's Court under the terms of that order or in respect of a breach of that order or on an application for the variation or revocation of that order; and\n\n(c) a person who is the subject of an appeal to the Supreme Court or the County Court made under the **Children, Youth and Families Act 2005**; and\n\n(d) in any other case—a person who is under the age of 18 years;\n\nS. 42C def. of *court point* amended by No. 11/2021 s. 4(b).\n\n***court point*** means the courtroom or any other place or places where the court is sitting;\n\nS. 42C def. of *exceptional circum-stances* inserted by No. 11/2021 s. 4(a), amended by No. 53/2021 s. 27.\n\n***exceptional circumstances*** includes, but is not limited to—\n\n(a) a state of emergency declared under section 198 of the **Public Health and Wellbeing Act 2008** in an area where an accused is required to appear before a court or required to transit through in order to appear before a court; or\n\n(ab) a pandemic declaration made  under section 165AB of the **Public Health and Wellbeing Act 2008** in an area where an accused is required to appear before a court or required to transit through in order to appear before a court; or\n\n(b) a state of disaster declared under section 23 of the **Emergency Management Act 1986** in an area where an accused is required to appear before a court or required to transit through in order to appear before a court;\n\nS. 42C def. of *head of jurisdiction* inserted by No. 11/2021 s. 4(a).\n\n***head of jurisdiction***—\n\n(a) in relation to the Supreme Court, means the Chief Justice; and\n\n(b) in relation to the County Court, means the Chief Judge; and\n\n(c) in relation to the Magistrates' Court, means the Chief Magistrate; and\n\n(d) in relation to the Children's Court, means the President;\n\nS. 42C def. of *practice directions* amended by No. 11/2021 s. 4(c).\n\n***practice directions*** means practice directions, statements or notes issued under section 42UA;\n\nS. 42C def. of *remote point* amended by No. 68/2009 s. 97(Sch. item 54.19(c)), substituted by No. 11/2021 s. 4(d).\n\n***remote point*** means a place where—\n\n(a) a person appearing before the court, giving evidence or making a submission is located; or\n\n(b) if Division 3 applies, the accused is located;\n\n***victim***, in relation to an offence, means a person who, or body that, has suffered injury, loss or damage as a direct result of the offence.\n\nDivision 2—Persons other than accused\n\nS. 42D inserted by No. 4/1997  \ns. 3, amended by No. 68/2009 s. 97(Sch. item 54.20).\n\n","sortOrder":52},{"sectionNumber":"42D","sectionType":"section","heading":"Application of Division","content":"\t42D Application of Division\n\nThis Division applies to the appearance before a court of, or the giving of evidence or making of a submission to a court by, any person in a legal proceeding, whether a party to the proceeding or not, other than the accused in a proceeding to which Division 3 applies.\n\nS. 42E inserted by No. 4/1997  \n\n","sortOrder":53},{"sectionNumber":"42E","sectionType":"section","heading":"Appearance, etc. by audio visual link or audio link","content":"\t42E Appearance, etc. by audio visual link or audio link\n\n(1) Subject to section 42F and to any rules of court, a court may, on its own initiative or on the application of a party to the legal proceeding, direct that a person may appear before, or give evidence or make a submission to, the court by audio visual link or audio link from any place within or outside Victoria, or outside Australia, that is outside the courtroom or other place where the court is sitting.\n\n(2) A court must not make a direction under subsection (1) unless it is satisfied that the technical requirements specified in section 42G are met, or can reasonably be met, in the case of the particular link.\n\n(3) The court may, at any time in the course of a proceeding, vary or revoke a direction under subsection (1) either on its own initiative or on the application of a party to the proceeding.\n\n(4) Without limiting subsection (3), circumstances in which a court may vary or revoke a direction under subsection (1) include the failure of the link to which the direction relates.\n\n(5) Each party to a proceeding may address the court in respect of the making, variation or revocation of a direction under subsection (1).\n\nS. 42E(6) inserted by No. 11/2021 s. 5.\n\n(6) The exercise of the power conferred on a court to make a direction referred to in subsection (1) is subject to any practice directions.\n\nS. 42F inserted by No. 4/1997  \n\n","sortOrder":54},{"sectionNumber":"42F","sectionType":"section","heading":"Special provisions applicable to certain proceedings involving children","content":"\t42F Special provisions applicable to certain proceedings involving children\n\n(1) This section only applies with respect to a person who is a child and then only where—\n\nS. 42F(1)(a) amended by No. 48/2006 s. 42(Sch. item 13.3(a)).\n\n(a) the proceeding is an application to the Family Division of the Children's Court under the **Children, Youth and Families Act 2005** and the child is the subject of the application; or\n\nS. 42F(1)(b) amended by No. 48/2006 s. 42(Sch. item 13.3(b)).\n\n(b) the proceeding is an appeal under section 328 or 329 of the **Children, Youth and Families Act 2005** and the child was the subject of the application made to, or order made by, the Children's Court.\n\n(2) Unless the court otherwise directs under section 42E(1), a child who is required to appear, or be brought, before a court is required to appear, or be brought, physically before the court.\n\n(3) A court must not make a direction under section 42E(1) unless it is satisfied that the making of the direction is—\n\n(a) in the best interests of the child; and\n\n(b) consistent with the interests of justice.\n\n(4) In determining whether the making of a direction under section 42E(1) is in the best interests of a child, the court—\n\n(a) may have regard to the appropriateness of the direction in terms of the security and protection of the child; and\n\n(b) may consider whether physical appearance before the court would cause the child to suffer emotional distress to an unacceptable level; and\n\n(c) must consider any wishes expressed by the child.\n\n(5) In determining whether the making of a direction under section 42E(1) relating to a child is consistent with the interests of justice, the court must take into consideration the effect of the direction on the child's ability—\n\n(a) to comprehend the proceeding; and\n\n(b) to communicate with his or her legal representative and give instructions, or express wishes, to that representative.\n\nS. 42F(6) amended by Nos 68/2009 s. 97(Sch. item 54.21), 11/2021 s. 6(1).\n\n(6) A court must not make a direction under section 42E(1) relating to a child unless it is satisfied that the technical requirements specified in section 42R are met in the case of the particular link and, for this purpose, section 42R has effect as if the child were an accused.\n\nS. 42F(7) amended by Nos 11/2021 s. 6(2), 38/2022 s. 93(2).\n\n(7) A court must not make a direction under section 42E(1) that a child appear before, or give evidence or make a submission to, the court by audio link unless it is satisfied that exceptional circumstances exist.\n\n(8) Section 42E has effect in relation to a child as if the child were a party to the proceeding.\n\nS. 42G inserted by No. 4/1997  \ns. 3, substituted by No. 11/2021 s. 7.\n\n","sortOrder":55},{"sectionNumber":"42G","sectionType":"section","heading":"Technical requirements for audio visual links and audio links","content":"\t42G Technical requirements for audio visual links and audio links\n\n(1) The technical requirements for an audio visual link are—\n\n(a) all appropriate persons at the court point and a remote point have access to equipment that enables them to see and hear—\n\n(i) the person appearing before the court, giving evidence or making a submission; and\n\n(b) any requirements prescribed by rules of court for or with respect to the following—\n\n(i) the form of audio visual link;\n\n(iii) the layout of cameras;\n\n(iv) the standard, or speed, of transmission;\n\n(v) the quality of communication;\n\n(vi) any other matter relating to the link; and\n\n(c) any requirements imposed by the presiding judge or magistrate.\n\n(2) The technical requirements for an audio link are—\n\n(a) all appropriate persons at the court point and a remote point have access to equipment  that enables them to hear—\n\n(i) the person appearing before the court, giving evidence or making a submission; and\n\n(b) any requirements prescribed by rules of court for or with respect to the following—\n\n(i) the form of audio link;\n\n(iii) the standard, or speed, of transmission;\n\n(iv) the quality of communication;\n\n(v) any other matter relating to the link; and\n\n(c) any requirements imposed by the presiding judge or magistrate.\n\n(3) Any requirements imposed by the presiding judge or magistrate under subsection (1)(c) or (2)(c) must not be inconsistent with any provision of this Part or any rules of court.\n\nS. 42H inserted by No. 4/1997  \n\n","sortOrder":56},{"sectionNumber":"42H","sectionType":"section","heading":"Costs","content":"\t42H Costs\n\n(1) The Governor in Council may make regulations for or with respect to prescribing amounts payable to a court in respect of the costs of, and incidental to, the provision of an audio visual or audio link and ancillary equipment for the purposes of this Division.\n\n(2) In the exercise of its discretion as to costs, a court has full power to determine by whom and to what extent the amounts referred to in subsection (1) are to be paid.\n\nS. 42I  \ninserted by No. 4/1997  \n\n","sortOrder":57},{"sectionNumber":"42I","sectionType":"section","heading":"Certain other laws not affected","content":"\t42I Certain other laws not affected\n\nS. 42I(1) amended by No. 68/2009 s. 97(Sch. item 54.22).\n\n(1) Nothing in this Division limits the application of Part 8.2 of Chapter 8 of the **Criminal Procedure Act 2009** to a proceeding.\n\nS. 42I(2) amended by No. 68/2009 s. 97(Sch. item 54.22).\n\n(2) Nothing in Part 8.2 of Chapter 8 of the **Criminal Procedure Act 2009** limits the application of this Division to a proceeding.\n\nPt 2A Div. 3 (Heading) amended by No. 68/2009 s. 97(Sch. item 54.23).\n\nDivision 3—Appearance by the accused\n\nS. 42J  \ninserted by No. 4/1997  \ns. 3, amended by No. 68/2009 s. 97(Sch. item 54.24).\n\n","sortOrder":58},{"sectionNumber":"42J","sectionType":"section","heading":"Application of Division","content":"\t42J Application of Division\n\nThis Division applies to the appearance before a court of an accused in a criminal proceeding including a proceeding associated with, or ancillary to, or in consequence of, the prosecution for the offence[[6]](#endnote-7).\n\nS. 42JA inserted by No. 38/2016 s. 3.\n\n\t42JA Appearance of adult accused before Magistrates' Court\n\nS. 42JA(1) amended by No. 11/2021 s. 8(1).\n\n(1) Subject to subsection (2) or (3), unless the Magistrates' Court makes a direction under section 42L(1), an accused, other than a child, being held in custody who is required to appear, or be brought, before the Magistrates' Court on a proceeding (including a proceeding with respect to bail or sentencing) is required to appear before it by audio visual link.\n\n(2) Unless the Magistrates' Court makes a direction under section 42M(1), an accused, other than a child, being held in custody who is required to appear, or be brought, before the Magistrates' Court is required to appear, or be brought, physically before the Magistrates' Court—\n\n(a) on an inquiry into the accused's fitness to plead to the charge; or\n\nS. 42JA(2)(b) amended by No. 5/2025 s. 56(a).\n\n(b) on the hearing of the charge if the accused is pleading not guilty.\n\nS. 42JA(2)(c) repealed by No. 5/2025 s. 56(b).\n\nS. 42JA(2A) inserted by No. 11/2021 s. 8(2), amended by No. 11/2022 s. 8(1), repealed by No. 6246/1958 s. 42YA(a) (as amended by No. 11/2022 s. 8(2)).\n\nS. 42JA(3) substituted by No. 44/2021 s. 5.\n\n(3) Unless the Magistrates' Court makes a direction under section 42MAA(1), an accused, other than a child, who has been taken into custody and who is required to be brought before a bail justice or the Magistrates' Court within a reasonable time of being taken into custody to be dealt with according to law is, if being brought before the Magistrates' Court, required to be brought physically before the court.\n\nS. 42K inserted by No. 4/1997 s. 3, amended by Nos 10/1999 s. 8(6), 68/2009 s. 97(Sch. items 54.25–54.29), 38/2016 s. 4, substituted by No. 11/2021 s. 9.\n\n","sortOrder":59},{"sectionNumber":"42K","sectionType":"section","heading":"Appearance of adult accused before court other than Magistrates' Court","content":"\t42K Appearance of adult accused before court other than Magistrates' Court\n\n(1) Subject to subsection (2), unless a court makes a direction under section 42L(1), an accused, other than a child, being held in custody who is required to appear, or be brought, before a court other than the Magistrates' Court in a proceeding is not required to appear, or be brought, physically before the court but may appear before it by audio visual link.\n\n(2) Unless a court makes a direction under section 42M(1), an accused, other than a child, being held in custody who is required to appear, or be brought, before a court other than the Magistrates' Court on a trial (apart from the arraignment of the accused) or hearing of a charge, is required to appear, or be brought, physically before the court.\n\nS. 42L (Heading) inserted by No. 38/2016 s. 5(1), amended by No. 11/2021 s. 10(1).\n\nS. 42L inserted by No. 4/1997  \n\n","sortOrder":60},{"sectionNumber":"42L","sectionType":"section","heading":"Making of direction for physical appearance in section 42JA or 42K(1) proceedings","content":"\t42L Making of direction for physical appearance in section 42JA or 42K(1) proceedings\n\nS. 42L(1) amended by Nos 68/2009 s. 97(Sch. item 54.30), 38/2016 s. 5(2), substituted by No. 11/2021 s. 10(2).\n\n(1) A court may direct that an accused appear, or be brought, physically before it in a proceeding in which, by virtue of a provision of section 42JA or section 42K(1), physical appearance would not otherwise be required, if—\n\n(a) it is satisfied on an application made in accordance with this section, that—\n\n(i) physical appearance is required in the interests of justice; or\n\n(ii) it is not reasonably practicable for the accused to appear before the court by audio visual link; and\n\n(b) it has considered—\n\n(i) the impact of requiring a physical appearance by the accused on the court's case management generally; and\n\n(ii) any risk to public health by requiring a physical appearance by the accused, including any risks involved in transporting the accused between the accused's place of custody and the court.\n\nS. 42L(1A) inserted by No. 38/2016 s. 5(3), amended by No. 11/2021 s. 10(3).\n\n(1A) Without limiting subsection (1), in determining whether the making of a direction referred to in subsection (1) is required in the interests of justice, a court must take into consideration whether the direction is required to enable the accused—\n\n(a) to comprehend the proceedings; or\n\n(b) to communicate with the accused's legal representative and give instructions, or express wishes, to that representative.\n\nS. 42L(2) amended by No. 68/2009 s. 97(Sch. item 54.31).\n\n(2) An application for a direction referred to in subsection (1) may be made by or on behalf of the accused or the prosecution at any time up to 3 days before the day on which the accused is due to appear or any shorter period before that day that is fixed by the court because of the existence of a good and sufficient reason.\n\n(3) An application is made by filing with the court a notice in the form (if any) prescribed by rules of court and stating the grounds on which it is made and serving a copy on any other party in accordance with any rules of court.\n\n(4) An application is to be determined by the court on the basis of the written application and any written submissions on the application filed with the court by any other party without giving the applicant or any other party an opportunity to be heard.\n\nS. 42L(5) amended by No. 68/2009 s. 97(Sch. item 54.32).\n\n(5) With leave of the court, an application for a direction referred to in subsection (1) may be made by or on behalf of the accused or the prosecution at any time in the course of the proceeding to which the direction being sought relates, irrespective of whether an application by a party for such a direction has previously been refused by the court.\n\n(6) Subsections (3) and (4) do not apply to an application made in accordance with subsection (5).\n\n(7) A court may also make a direction referred to in subsection (1) on its own initiative at any time in the course of the proceeding to which the direction relates, irrespective of whether an application made in accordance with this section has previously been refused by it.\n\n(8) The exercise of the power conferred on a court to make a direction referred to in subsection (1) is subject to any practice directions.\n\nS. 42M (Heading) inserted by No. 38/2016 s. 6(1), amended by No. 11/2021 s. 11(1).\n\nS. 42M inserted by No. 4/1997  \n\n","sortOrder":61},{"sectionNumber":"42M","sectionType":"section","heading":"Making of direction for audio visual appearance in section 42JA or 42K(2) proceedings","content":"\t42M Making of direction for audio visual appearance in section 42JA or 42K(2) proceedings\n\nS. 42M(1) amended by Nos 68/2009 s. 97(Sch. item 54.33), 38/2016 s. 6(2), 11/2021 s. 11(2).\n\n(1) A court may direct that an accused appear before it by audio visual link in a proceeding in which, by virtue of a provision of section 42JA (other than section 42JA(3)) or section 42K(2), physical appearance would otherwise be required if it is satisfied, on an application made in accordance with this section, that—\n\n(a) appearance by audio visual link is consistent with the interests of justice; and\n\n(b) is reasonably practicable in the circumstances.\n\n(2) Unless an application for the making of a direction referred to in subsection (1) is made with the consent of all parties to the proceeding, the court may only grant such an application if satisfied that exceptional circumstances exist.\n\nS. 42M(3) amended by No. 68/2009 s. 97(Sch. item 54.34).\n\n(3) An application for a direction referred to in subsection (1) may be made by or on behalf of the accused or the prosecution at any time up to 14 days before the day on which the accused is due to appear or any shorter period before that day that is fixed by the court because of the existence of a good and sufficient reason.\n\n(4) An application is made by filing with the court a notice in the form (if any) prescribed by rules of court and stating the grounds on which it is made and serving a copy on any other party in accordance with any rules of court.\n\nS. 42M(5) amended by No. 68/2009 s. 97(Sch. item 54.35).\n\n(5) With leave of the court, an application for a direction referred to in subsection (1) may be made by or on behalf of the accused or the prosecution at any time in the course of the proceeding to which the direction being sought relates, irrespective of whether an application by a party for such a direction has previously been refused by the court.\n\n(6) Subsection (4) does not apply to an application made in accordance with subsection (5).\n\n(7) A court may also make a direction referred to in subsection (1) on its own initiative at any time in the course of the proceeding to which the direction relates, irrespective of whether an application made in accordance with this section has previously been refused by it, if the court is satisfied that exceptional circumstances exist.\n\nS. 42M(8) amended by No. 68/2009 s. 97(Sch. item 54.35).\n\n(8) Any victim of the offence which the accused is alleged to have committed may address, or make a written submission to, the court in opposition to the making of a direction referred to in subsection (1).\n\nS. 42M(8A) inserted by No. 11/2021 s. 11(3).\n\n(8A) An address to the court by a victim under subsection (8) may be given—\n\n(a) in person; or\n\n(b) by audio visual link; or\n\n(c) by audio link.\n\n(9) The exercise of the power conferred on a court to make a direction referred to in subsection (1) is subject to any practice directions.\n\nS. 42MAA inserted by No. 44/2021 s. 6.\n\n42MAA Making of direction for audio visual appearance in section 42JA(3) proceedings\n\n(1) The Magistrates' Court may direct that an accused appear before it by audio visual link in a proceeding in which, by virtue of section 42JA(3), physical appearance would otherwise be required if it is satisfied that appearance by audio visual link is consistent with the interests of justice and either—\n\n(a) the accused consents to appear by audio visual link; or\n\n(b) it is satisfied that exceptional circumstances exist.\n\n(2) The Magistrates' Court may make a direction under this section—\n\n(a) on its own motion; or\n\n(b) on an application made by or on behalf of the accused, the prosecution or a police officer at any time up to 2 hours before the time at which the accused is due to appear.\n\n(3) An application under subsection (2)(b) is to be made orally or in writing to the Magistrates' Court.\n\n(4) The exercise of the power conferred on the Magistrates' Court to make a direction under this section is subject to any practice directions.\n\nS. 42MA inserted by No. 38/2016 s. 7.\n\n\t42MA Appearance of adult accused in proceedings other than section 42JA or 42K proceedings\n\nIn any proceeding to which this Division applies (other than one referred to in section 42JA or 42K), a court may, on its own initiative or on the application of a party to the proceeding, direct that an accused, other than a child, appear before it by audio visual link if it is satisfied that appearance by audio visual link is consistent with the interests of justice.\n\nS. 42N (Heading) inserted by No. 38/2016 s. 8(1).\n\nS. 42N inserted by No. 4/1997  \n\n","sortOrder":62},{"sectionNumber":"42N","sectionType":"section","heading":"Application for making of direction under section 42MA","content":"\t42N Application for making of direction under section 42MA\n\nS. 42N(1) amended by Nos 68/2009 s. 97(Sch. item 54.36), 38/2016 s. 8(2).\n\n(1) An application for a direction referred to in section 42MA may be made by or on behalf of the accused or the prosecution at any time up to 14 days before the day on which the accused is due to appear or any shorter period before that day that is fixed by the court because of the existence of a good and sufficient reason.\n\n(2) An application is made by filing with the court a notice in the form (if any) prescribed by rules of court and stating the grounds on which it is made and serving a copy on any other party in accordance with any rules of court.\n\nS. 42N(3) amended by Nos 68/2009 s. 97(Sch. item 54.37), 38/2016 s. 8(2).\n\n(3) With leave of the court, an application for a direction referred to in section 42MA may be made by or on behalf of the accused or the prosecution at any time in the course of the proceeding to which the direction being sought relates, irrespective of whether an application by a party for such a direction has previously been refused by the court.\n\n(4) Subsection (2) does not apply to an application made in accordance with subsection (3).\n\nS. 42N(5) amended by No. 38/2016 s. 8(2).\n\n(5) A court may also make a direction referred to in section 42MA on its own initiative at any time in the course of the proceeding to which the direction relates, irrespective of whether an application made in accordance with this section has previously been refused by it.\n\nS. 42N(6) amended by No. 38/2016 s. 8(2).\n\n(6) The exercise of the power conferred on a court to make a direction referred to in section 42MA is subject to any practice directions.\n\nS. 42O (Heading) inserted by No. 68/2009 s. 97(Sch. item 54.38).\n\nS. 42O inserted by No. 4/1997  \ns. 3, amended by No. 68/2009 s. 97(Sch. item 54.39).\n\n","sortOrder":63},{"sectionNumber":"42O","sectionType":"section","heading":"Appearance before court of accused who is a child","content":"\t42O Appearance before court of accused who is a child\n\nUnless the court otherwise directs, an accused who is—\n\n(a) a child; and\n\nS. 42O(b) repealed by No. 11/2021 s. 12.\n\n(c) required to appear, or be brought, before a court in a proceeding to which this Division applies—\n\nis required to appear, or be brought, physically before the court.\n\nS. 42P inserted by No. 4/1997  \n\n","sortOrder":64},{"sectionNumber":"42P","sectionType":"section","heading":"Making of direction for audio visual appearance by child","content":"\t42P Making of direction for audio visual appearance by child\n\n(1) A court may direct that a child referred to in section 42O appear before it by audio visual link if it is satisfied, on an application made in accordance with this section, that appearance by audio visual link is—\n\n(a) consistent with the interests of justice; and\n\n(b) reasonably practicable in the circumstances.\n\n(2) Unless an application for the making of a direction referred to in subsection (1) is made with the consent of all parties to the proceeding, the court may only grant such an application if satisfied that exceptional circumstances exist.\n\n(3) An application for a direction referred to in subsection (1) may be made by or on behalf of the child or the prosecution at any time up to 14 days before the day on which the child is due to appear or any shorter period before that day that is fixed by the court because of the existence of a good and sufficient reason.\n\n(4) An application is made by filing with the court a notice in the form (if any) prescribed by rules of court and stating the grounds on which it is made and serving a copy on any other party in accordance with any rules of court.\n\n(5) With leave of the court, an application for a direction referred to in subsection (1) may be made by or on behalf of the child or the prosecution at any time in the course of the proceeding to which the direction being sought relates, irrespective of whether an application by a party for such a direction has previously been refused by the court.\n\n(6) Subsection (4) does not apply to an application made in accordance with subsection (5).\n\nS. 42P(7) amended by No. 11/2021 s. 13(1).\n\n(7) A court may also make a direction referred to in subsection (1) on its own initiative at any time in the course of the proceeding to which the direction relates, irrespective of whether an application made in accordance with this section has previously been refused by it, if the court is satisfied—\n\nS. 42P(7)(a) inserted by No. 11/2021 s. 13(1).\n\n(a) that exceptional circumstances exist; or\n\nS. 42P(7)(b) inserted by No. 11/2021 s. 13(1).\n\n(b) that appearance by audio visual link is—\n\n(i) necessary for the purposes of the court's case management generally; and\n\n(ii) consistent with the interests of justice; and\n\n(iii) reasonably practicable in the circumstances.\n\n(8) In determining whether the making of a direction referred to in subsection (1) is consistent with the interests of justice, the court must take into consideration the effect of the direction on the child's ability—\n\n(a) to comprehend the proceeding; and\n\n(b) to communicate with his or her legal representative and give instructions, or express wishes, to that representative.\n\n(9) Any victim of the offence which the child is alleged to have committed may address, or make a written submission to, the court in opposition to the making of a direction referred to in subsection (1)—\n\n(a) on the trial (apart from the arraignment of the child) or hearing of the charge; or\n\n(b) on a sentencing hearing.\n\nS. 42P(9A) inserted by No. 11/2021 s. 13(2).\n\n(9A) An address to the court by a victim under subsection (9) may be given—\n\n(a) in person; or\n\n(b) by audio visual link; or\n\n(c) by audio link.\n\n(10) The exercise of the power conferred on a court to make a direction referred to in subsection (1) is subject to any practice directions.\n\nS. 42Q inserted by No. 4/1997  \ns. 3, amended by No. 68/2009 s. 97(Sch. item 54.40), repealed by No. 11/2021 s. 14.\n\nS. 42R inserted by No. 4/1997  \ns. 3, amended by No. 68/2009 s. 97(Sch. items 54.41–54.43), substituted byNo. 11/2021 s. 15.\n\n","sortOrder":65},{"sectionNumber":"42R","sectionType":"section","heading":"Technical requirements for audio visual appearance by accused","content":"\t42R Technical requirements for audio visual appearance by accused\n\n(1) The technical requirements for an audio visual link by which an accused appears before a court are—\n\n(a) all appropriate persons at the court point and a remote point have access to equipment  that enables them to see and hear—\n\n(i) the accused—\n\n(A) appearing before the court; or\n\n(B) entering a plea to a charge; or\n\n(C) giving evidence; or\n\n(D) making a submission; and\n\n(b) the accused and any legal practitioner representing the accused in the proceeding have access to equipment  that, in accordance with any rules of court, enables private communication to take place, and documents to be transmitted, between the accused and the legal practitioner—\n\n(i) during a hearing; or\n\n(ii) during any adjournment of a hearing; or\n\n(iii) on the day of a hearing, shortly before or after the hearing; and\n\n(c) any requirements prescribed by rules of court for or with respect to the following—\n\n(i) the form of audio visual link;\n\n(iii) the layout of cameras;\n\n(iv) the standard or speed of transmission;\n\n(v) the quality of the communication;\n\n(vi) any other matter relating to the link; and\n\n(d) any requirements imposed by the presiding judge or magistrate.\n\n(2) Requirements imposed under subsection (1)(d) must not be inconsistent with any provision of this Part or any rules of court.\n\nS. 42RA inserted by No. 11/2021 s. 16.\n\n\t42RA Audio link appearance by accused in certain circumstances\n\nS. 42RA(1) amended by No. 6246/1958 s. 42YA(b) (as amended by No. 11/2022 s. 8(2)).\n\n(1) An accused referred to in section 42JA(1) or 42K(1) who, in accordance with a relevant provision of that section is permitted to appear or be brought before the Magistrates' Court or another court (as the case requires) in a proceeding by audio visual link may appear by audio link instead if the relevant court makes a direction under subsection (3).\n\n(2) If a direction is made under one of the following provisions for an accused to appear in a proceeding by audio visual link, the accused may appear by audio link instead if the court makes a direction under subsection (3)—\n\n(a) section 42M(1) or (7);\n\n(b) section 42MA;\n\n(c) section 42P.\n\n(3) A court may make a direction for the purposes of subsection (1) or (2) if—\n\n(a) the accused is scheduled to appear by audio visual link; and\n\n(b) the audio visual link fails or is otherwise unable to proceed; and\n\n(c) the court needs to make orders or directions in relation to adjourning the proceeding to a time when—\n\n(i) an audio visual link can proceed; or\n\n(ii) the accused can be brought physically before the court; and\n\n(d) the court is satisfied that the technical requirements specified in section 42RB are met or can be reasonably met.\n\n(4) In a proceeding by audio link in accordance with a direction made under subsection (3), a court may make any orders it considers necessary to facilitate the adjournment or efficient administration of the proceeding.\n\nS. 42RB inserted by No. 11/2021 s. 16.\n\n\t42RB Technical requirements for audio link appearance by accused\n\n(1) The technical requirements for an audio link by which an accused appears before a court are—\n\n(a) all appropriate persons at the court point and a remote point have access to equipment that enables them to hear—\n\n(i) the accused; and\n\n(b) the accused and any legal practitioner representing the accused in the proceeding have access to equipment  that, in accordance with any rules of court, enables private communication to take place, or documents to be transmitted, between the accused and the legal practitioner—\n\n(i) during a hearing; or\n\n(ii) during any adjournment of a hearing; or\n\n(iii) on the day of a hearing, shortly before or after the hearing; and\n\n(c) any requirements prescribed by rules of court for or with respect to the following—\n\n(i) the form of audio link;\n\n(iii) the standard or speed of transmission;\n\n(iv) the quality of the communication;\n\n(v) any other matter relating to the link; and\n\n(d) any requirements imposed by the presiding judge or magistrate.\n\n(2) Requirements imposed under subsection (1)(d) must not be inconsistent with any provision of this Part or any rules of court.\n\nS. 42S inserted by No. 4/1997  \ns. 3, amended by No. 68/2009 s. 97(Sch. item 54.44), substituted by No. 11/2021 s. 17.\n\n","sortOrder":66},{"sectionNumber":"42S","sectionType":"section","heading":"Protection of communication between accused and legal representative","content":"\t42S Protection of communication between accused and legal representative\n\nWithout limiting any other protection applying to it—\n\n(a) a communication by—\n\n(i) audio link; or\n\n(ii) audio visual link; or\n\n(b) a communication in the circumstances referred to in section 42R(1)(b) or 42RB(1)(b); or\n\n(c) a document transmitted—\n\nbetween an accused and the accused's legal representative in accordance with this Part is as confidential and as inadmissible in any proceeding as it would be if the communication took place or the document was produced while they were in each other's presence.\n\nS. 42T inserted by No. 4/1997  \ns. 3, amended by Nos 21/1999 s. 40, 68/2009 s. 97(Sch. item 54.45), 11/2021 s. 18.\n\n","sortOrder":67},{"sectionNumber":"42T","sectionType":"section","heading":"Application of Surveillance Devices Act 1999","content":"\t42T Application of Surveillance Devices Act 1999\n\nThe **Surveillance Devices Act 1999** applies to a communication by audio link or audio visual link, a communication in the circumstances referred to in section 42R(1)(b) or 42RB(1)(b), or a document transmitted, between an accused and his or her legal representative in accordance with this Part as if—\n\nS. 42T(a) amended by No. 68/2009 s. 97(Sch. item 54.45).\n\n(a) the communication were a private conversation within the meaning of that Act to which the parties were the accused and his or her legal representative; and\n\nS. 42T(b) amended by No. 68/2009 s. 97(Sch. item 54.45).\n\n(b) any data, text or visual images in the transmitted document were words spoken to or by a person in a private conversation within the meaning of that Act to which the parties were the accused and his or her legal representative; and\n\n(c) references in that Act to the use of a listening device to overhear, record, monitor or listen to a private conversation included, in relation to a transmitted document, references to reading the document.\n\n","sortOrder":68},{"sectionNumber":"Div 4","sectionType":"division","heading":"General","content":"Division 4—General\n\nS. 42U inserted by No. 4/1997  \n\n","sortOrder":69},{"sectionNumber":"42U","sectionType":"section","heading":"Putting documents to a remote person","content":"\t42U Putting documents to a remote person\n\nS. 42U(1) substituted by No. 11/2021 s. 19.\n\n(1) If, in the course of an examination by audio visual link or audio link of a person at a remote point (the ***key remote point***), it is necessary to put a document to the person, the presiding judge or magistrate may permit the document to be put to the person—\n\n(a) if the document is at the court point or another remote point—by transmitting a copy of it to the key remote point by any means and that copy being put to the person; or\n\n(b) if the document is at the key remote point, by putting it to the person and then transmitting a copy of it to the court point and any other remote point by any means.\n\n(2) A document put to a person in accordance with subsection (1) is admissible in evidence without proof that the transmitted copy is a true copy of the relevant document.\n\n(3) Nothing in this section prevents a document or exhibit being shown to a person over the audio visual link itself.\n\nS. 42UA inserted by No. 11/2021 s. 20.\n\n\t42UA Practice directions\n\nThe head of jurisdiction of a court from time to time may issue practice directions, statements or notes relating to the exercise by the court of its discretion in relation to an application made in accordance with any of the following sections—\n\n(a) section 42E;\n\n(b) section 42L;\n\n(c) section 42M;\n\nS. 42UA(ca) inserted by No. 44/2021 s. 7.\n\n(ca) section 42MAA;\n\n(d) section 42N;\n\n(e) section 42P.\n\nS. 42V inserted by No. 4/1997  \ns. 3, amended by No. 68/2009 s. 97(Sch. item 54.46), repealed by No. 37/2017 s. 19.\n\nS. 42W inserted by No. 4/1997  \n\n","sortOrder":70},{"sectionNumber":"42W","sectionType":"section","heading":"Application of laws about witnesses, etc.","content":"\t42W Application of laws about witnesses, etc.\n\nS. 42W(1) amended by No. 11/2021 s. 21(1).\n\n(1) A remote point must be taken to be part of the court point, and to be court premises within the meaning of the **Court Security Act 1980**, while a person is at the remote point for the purpose of appearing before, or giving evidence or making a submission to, the court in accordance with Division 2 or 3.\n\n(2) Subsection (1) has effect, for example, for the purposes of laws relating to evidence, procedure, contempt of court and perjury.\n\nS. 42W(3) amended by No. 11/2021 s. 21(2).\n\n(3) Subsection (1) also has the effect that any offence committed at a remote point must be taken to have been committed at the court point for the purposes of the laws in force in Victoria.\n\nS. 42X inserted by No. 4/1997  \ns. 3, amended by No. 68/2009 s. 97(Sch. item 54.47).\n\n","sortOrder":71},{"sectionNumber":"42X","sectionType":"section","heading":"Arraignment","content":"\t42X Arraignment\n\nAn accused who appears before a court for arraignment by audio visual link in accordance with Division 3 must be taken for all purposes to be at the bar of the court.\n\nS. 42Y inserted by No. 4/1997  \ns. 3, repealed by No. 6/2018 s. 53, new s. 42Y inserted by No. 11/2021 s. 22.\n\n","sortOrder":72},{"sectionNumber":"42Y","sectionType":"section","heading":"Hearing not invalid because of failure to comply with technical requirements","content":"\t42Y Hearing not invalid because of failure to comply with technical requirements\n\nA hearing is not invalid merely because of a failure to comply with the technical requirements specified in section 42G, 42R or 42RB.\n\nS. 42YA inserted by No. 11/2021 s. 22, amended by No. 11/2022 s. 8(2).\n\n\t42YA Repeal of temporary COVID-19 measures\n\nOn 27 April 2023—\n\n(a) section 42JA(2A) is **repealed**; and\n\n(b) in section 42RA(1) **omit** \"or (2A)\".\n\nPt 3 (Heading) substituted by No. 53/2006 s. 3.\n\nPart III—Proof of documents, proof of facts by documents and document unavailability\n\nPt 3 Div. 1 (Heading and ss 43–47) amended by No. 8228 s. 2(2)(b)(c), repealed by No. 69/2009 s. 12.\n\nPt 3 Div. 2 (Heading and ss 48–52) repealed by No. 69/2009 s. 13.\n\nPt 3 Div. 2A (Heading) inserted by No. 7324 s. 3.\n\nDivision 2A—Reproductions of documents\n\nS. 53 substituted by No. 7324 s. 3, amended by No. 8228 s. 2(2)(d), repealed by No. 69/2009 s. 14(1).\n\nS. 53A inserted by No. 7324 s. 3, amended by Nos 8787 s. 33(a), 9713 s. 55(a)(b), 10074 s. 7, 10231 s. 6, 57/1989 s. 3(Sch. item 67.10), 46/1998  \ns. 7(Sch. 1), repealed by No. 69/2009 s. 14(1).\n\nS. 53B inserted by No. 7324 s. 3, repealed by No. 69/2009 s. 14(1).\n\nSs 53C–53F inserted by No. 7324 s. 3, repealed by No. 69/2009 s. 14(1).\n\nS. 53G inserted by No. 7324 s. 3, amended by No. 57/1989 s. 3(Sch. item 67.11), repealed by No. 69/2009 s. 14(1).\n\nS. 53H inserted by No. 7324 s. 3, repealed by No. 69/2009 s. 14(1).\n\nS. 53J  \ninserted by No. 7324 s. 3, amended by Nos 9699 s. 23, 12/1989 s. 4(1)(Sch. 2 item 41.1), 11/2001 s. 3(Sch. item 25.2), 44/2001 s. 3(Sch. item 40.1), repealed by No. 69/2009 s. 14(1).\n\nSs 53K–53P inserted by No. 7324 s. 3, repealed by No. 69/2009 s. 14(1).\n\nS. 53Q inserted by No. 7324 s. 3, amended by No. 69/2009 s. 14(2).\n\n","sortOrder":73},{"sectionNumber":"53Q","sectionType":"section","heading":"Micro-film etc. may be preserved in lieu of document","content":"\t53Q Micro-film etc. may be preserved in lieu of document\n\nUnless the application of this section is expressly excluded where any Act, law or duty requires a document to be preserved or kept for any purpose for a longer period of time than three years it shall be a sufficient compliance with such requirement to preserve or keep, in lieu of any such document over three years old, a negative thereof made by means of an approved machine within the meaning of section 53C (as in force immediately before its repeal) together with an affidavit or declaration in accordance with subsection (4) of the said section (as in force immediately before its repeal) referring to the negative.\n\nSs 53R–53T inserted by No. 7324 s. 3, repealed by No. 69/2009 s. 14(1).\n\nPt 3 Div. 3 (Heading and ss 54–58) amended by Nos 6505 s. 2, 8181 s. 2(1) (Sch. item 44), 8228 s. 3,  \n9576 s. 11(1), 51/1989 s. 144(2)(a), 23/1994 s. 118 (Sch. 1 item 20.1), 35/1996 s. 453(Sch. 1 item 29.3), 35/1999 s. 35, 97/2005 s. 182(Sch. 4 item 19.2), 77/2008 s. 129(Sch. 2 item 9.3), 7/2009 s. 435(7) (as amended by No. 68/2009 s. 54(u)), repealed by No. 69/2009 s. 15.\n\nPt 3 Div. 3A (Heading and ss 58A–58J) inserted by No. 8228 s. 4, amended by Nos 10231 s. 7, 16/1986 s. 30, 110/1986 s. 140(2), 29/1988 s. 57(6), 19/1989 s. 16(Sch. item 21.1), 57/1989 s. 3(Sch. items 67.12–67.14), 94/1990 s. 40(5), 11/2001 s. 3(Sch. item 25.3), repealed by No. 69/2009 s. 16.\n\nDivision 4—Further provisions relating to Australasian documents\n\nNo. 3674 s. 52.\n\n","sortOrder":74},{"sectionNumber":"59","sectionType":"section","heading":"Definitions","content":"\t59 Definitions\n\nIn this Division and Division six of this Part unless inconsistent with the context or subject-matter—\n\n***Act*** includes any Act of Council and Ordinance of the Legislature of any Australasian State;\n\nS. 59 def. of *Australasian State* amended by No. 25/2023 s. 7(Sch. 1 item 11).\n\n***Australasian State*** includes the Commonwealth of Australia and its dependencies and the States Dominions Colonies or Provinces (including their respective dependencies) of Fiji New South Wales New Zealand Queensland South Australia Tasmania Victoria and Western Australia by whatever name such as State Dominion Colony or Province any of them was or is for the time being called and also includes any British possession which may at any time be created in His Majesty's possessions in Australasia and also includes any part of New Zealand during such time as such part constituted a separate Colony or Province;\n\n***Government Gazette*** means the Government Gazette, Royal Gazette, or other official gazette of any Australasian State;\n\n***government printer*** means and includes any printer purporting to have been or to be the printer authorized to print the Statutes Ordinances Acts of Council Acts of State or other public Acts of the Legislature of any Australasian State or otherwise to be the government printer of such State;\n\n***Governor*** means the person for the time being administering the Government of any Australasian State; and\n\n***votes and proceedings*** include any papers printed or purporting to be printed by the authority of and laid before or purporting to be laid at any time before any House or Houses of Legislature of any Australasian State.\n\nSs 60–66 repealed by No. 69/2009 s. 17.\n\nS. 67  \namended by Nos 8228 s. 2(2)(e)(f), 10074 s. 8, repealed by No. 69/2009 s. 17.\n\nS. 68 amended by Nos 8565 s. 24(9), 57/1989 s. 3(Sch. item 67.15), 44/2001 s. 3(Sch. item 40.2), repealed by No. 69/2009 s. 17.\n\nS. 69 amended by No. 8565 s. 24(9), substituted by No. 8787 s. 33(b), amended by Nos 9698 s. 14(6), 9699 s. 23, 44/2001 s. 3(Sch. item 40.3), repealed by No. 69/2009 s. 17.\n\n","sortOrder":75},{"sectionNumber":"Div 5","sectionType":"division","heading":"Further provisions relating to Victorian documents","content":"Division 5—Further provisions relating to Victorian documents\n\nNo. 3674 s. 63.\n\nS. 70 amended by No. 7228 s. 7(Sch. 4 Pt 9(a)).\n\n","sortOrder":76},{"sectionNumber":"70","sectionType":"section","heading":"Mode of proving proclamations, orders and regulations of Board of Land and Works","content":"\t70 Mode of proving proclamations, orders and regulations of Board of Land and Works\n\nPrima facie evidence of any proclamation order or regulation issued before the commencement of the **Public Lands and Works Act 1964** by or under the authority of the Board of Land and Works may be given in all or any of the modes hereinafter mentioned, that is to say—\n\n(a) by the production of a copy of the Government Gazette purporting to contain such proclamation order or regulation;\n\n(b) by the production of a document purporting to be a copy of such proclamation order or regulation printed by the government printer;\n\n(c) by the production of a copy thereof or extract therefrom purporting to be under the seal of the Board and to be attested by the President or Vice-President of the Board.\n\nNo. 3674 s. 64.\n\nS. 71 amended by No. 7228 s. 7(Sch. 4  \nPt 9(b)).\n\n","sortOrder":77},{"sectionNumber":"71","sectionType":"section","heading":"Government Gazette to be evidence of act of Board of Land and Works","content":"\t71 Government Gazette to be evidence of act of Board of Land and Works\n\nWhere by any law in force before the commencement of the **Public Lands and Works Act 1964** the Board of Land and Works was authorized or empowered to do any act whatsoever any Government Gazette purporting to contain a copy or notification of any such act shall be prima facie evidence of such act having been duly done.\n\nS. 72 amended by No. 7228 s. 7(Sch. 4  \nPt 9(c)), substituted by No. 10231 s. 8, amended by No. 57/1989 s. 3(Sch. item 67.16), repealed by No. 69/2009 s. 18.\n\nS. 73 repealed by No. 69/2009 s. 18.\n\nNo. 3674 s. 67.\n\nS. 74 substituted by No. 69/2009 s. 19.\n\n","sortOrder":78},{"sectionNumber":"74","sectionType":"section","heading":"Evidence of contents of will","content":"\t74 Evidence of contents of will\n\nThe probate of a will or codicil or letters of administration with the will or codicil annexed (obtained or having operation in Victoria) is evidence of the contents of the will or codicil.\n\nS. 75 amended by Nos 9019 s. 2(1)(Sch. item 64), 57/1989 s. 3(Sch. item 67.17), repealed by No. 69/2009 s. 18.\n\nPt 3 Div. 5A (Heading and s. 75A) inserted by No. 8003 s. 2(1), amended by Nos 9902 s. 2(1)(Sch. item 83), 10257 s. 84(b)(c), 127/1986 s. 102(Sch. 4 item 9), 57/1989 s. 3(Sch. item 67.18), repealed by No. 69/2009 s. 20.\n\nDivision 6—Judicial notice\n\nSs 76–78 repealed by No. 69/2009 s. 21.\n\nS. 79 amended by Nos 6961 s. 2(Sch.), 8565 s. 24(9), 9019 s. 2(1)(Sch. item 65), 9713 s. 55(c), substituted by No. 10074 s. 9, amended by Nos 10231 s. 9, 57/1989 s. 3(Sch. item 67.19), 46/1998  \ns. 7(Sch. 1), repealed by No. 69/2009 s. 21 .\n\nNo. 3674 s. 73.\n\nS. 80 substituted by No. 69/2009 s. 22.\n\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"Judicial notice of certain seals etc","content":"\t80 Judicial notice of certain seals etc\n\nIf it is provided by a subordinate instrument that a court or person acting judicially must or may take judicial notice of any seal, stamp, signature or any other matter or thing, then the court or person acting judicially must or may take judicial or official notice of the seal, stamp, signature or other matter or thing.\n\nNo. 3674 s. 74.\n\nS. 81 substituted by No. 69/2009 s. 22.\n\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"Effect of judicial or official notice","content":"\t81 Effect of judicial or official notice\n\nIf a court or person acting judicially takes judicial or official notice, under section 80, of a seal or signature attached or appended to a document, the court or person must presume—\n\n(a) that the seal or signature was properly attached or appended at the time and place (if any) purporting to be the time and place at which it was so attached or appended; and\n\n(b) that there was jurisdiction or authority to sign or seal the document at that time and place; and\n\n(c) that the document is what, on its construction, it purports to be; and\n\n(d) that the document is a valid and subsisting document.\n\nPt 3 Div. 7 (Heading and ss 82–86) amended by Nos 12/1989 s. 4(1)(Sch. 2 items 41.2, 41.3), 57/1989 s. 3(Sch. items 67.20, 67.21), 78/1991 s. 26, 125/1993 s. 20(4)(a), repealed by No. 69/2009 s. 23.\n\nPt 3 Div. 8 (Heading and ss 87–89) amended by Nos 9019 s. 2(1)(Sch. item 66), 9059 s. 2(1)(Sch. item 15), 10084 s. 25, 57/1989 s. 3(Sch. items 67.22, 67.23), 43/1994 s. 56(Sch. item 2), repealed by No. 69/2009 s. 24.\n\nPt 3 Div. 9 (Heading and ss 90–98) repealed[[7]](#endnote-8), new Pt 3 Div. 9 (Heading and ss 89A–89E) inserted by No. 53/2006 s. 4.\n\n","sortOrder":81},{"sectionNumber":"Div 9","sectionType":"division","heading":"Document unavailability","content":"Division 9—Document unavailability\n\nS. 89A inserted by No. 53/2006 s. 4.\n\n","sortOrder":82},{"sectionNumber":"89A","sectionType":"section","heading":"Meaning of unavailability of document","content":"\t89A Meaning of unavailability of document\n\nFor the purposes of this Division, a document is unavailable in a civil proceeding if—\n\n(a) the document is, or has been but is no longer, in the possession, custody or power of a party to the civil proceeding; and\n\n(b) the document has been destroyed, disposed of, lost, concealed or rendered illegible, undecipherable or incapable of identification (whether before or after the commencement of the proceeding).\n\nS. 89B inserted by No. 53/2006 s. 4.\n\n","sortOrder":83},{"sectionNumber":"89B","sectionType":"section","heading":"Court may make ruling or order","content":"\t89B Court may make ruling or order\n\n(1) If, in a civil proceeding, it appears to the court that—\n\n(a) a document is unavailable; and\n\n(b) no reproduction of the document is available in place of the original document; and\n\n(c) the unavailability of the document is likely to cause unfairness to a party to the proceeding—\n\nthe court, on its own motion or on the application of a party, may make any ruling or order that the court considers necessary to ensure fairness to all parties to the proceeding, having regard to the matters set out in section 89C.\n\n(2) Without limiting subsection (1), a ruling or order may be—\n\n(a) that an adverse inference will be drawn from the unavailability of the document;\n\n(b) that a fact in issue between the parties be presumed to be true in the absence of evidence to the contrary;\n\n(c) that certain evidence not be adduced;\n\n(d) that all or part of a defence or statement of claim be struck out;\n\n(e) that the evidential burden of proof be reversed in relation to a fact in issue.\n\nS. 89C inserted by No. 53/2006 s. 4.\n\n","sortOrder":84},{"sectionNumber":"89C","sectionType":"section","heading":"Matters the court must consider","content":"\t89C Matters the court must consider\n\nBefore making an order under section 89B, the court must have regard to—\n\n(a) the circumstances in which the document became unavailable; and\n\n(b) the impact of the unavailability of the document on the proceeding, including whether the unavailability of the document will adversely affect the ability of a party to prove its case or make a full defence; and\n\n(c) any other matter that the court considers relevant.\n\nS. 89D inserted by No. 53/2006 s. 4.\n\n","sortOrder":85},{"sectionNumber":"89D","sectionType":"section","heading":"Relationship of this Division with VCAT Act","content":"\t89D Relationship of this Division with VCAT Act\n\nDespite anything to the contrary in the **Victorian Civil and Administrative Tribunal Act 1998**, this Division applies to a proceeding in the Tribunal within the meaning of that Act—\n\n(a) as if a reference to a civil proceeding were a reference to a proceeding in the Tribunal; and\n\n(b) a reference to the court were a reference to the Tribunal.\n\nS. 89E inserted by No. 53/2006 s. 4.\n\n","sortOrder":86},{"sectionNumber":"89E","sectionType":"section","heading":"Operation of Public Records Act 1973","content":"\t89E Operation of Public Records Act 1973\n\nNothing in this Division affects the operation of the **Public Records Act 1973**.\n\nS. 89F inserted by No. 69/2009 s. 25.\n\n","sortOrder":87},{"sectionNumber":"89F","sectionType":"section","heading":"Division to be in addition to Evidence Act 2008","content":"\t89F Division to be in addition to Evidence Act 2008\n\nThis Division applies in relation to any civil proceeding in addition to any provision of the **Evidence Act 2008** that applies in relation to that proceeding.\n\nPt 3 Div. 10 (Heading and ss 98A–98C) inserted by No. 7366 s. 4, repealed by No. 8228 s. 5(2).\n\nPt 3A (Heading and ss 90, 91) inserted by No. 74/1993 s. 3, amended by No. 75/2005 s. 49(Sch. 4 item 1), repealed by No. 69/2009 s. 26.\n\nPt 4 (Heading) substituted by No. 6/2018 s. 60.\n\nPart IV—Particular affidavits\n\nPt 4 Div. 1 (Heading and s. 99) repealed by No. 6/2018 s. 54.\n\nPt 4 Div. 2 (Heading and ss 100–104) amended by Nos 7651 s. 2, 10074 s. 10, 57/1989 s. 3(Sch. item 67.24), substituted by No. 69/2009 s. 27, repealed by No. 6/2018 s. 54.\n\nPt 4 Div. 3 (Heading and ss 105,106) amended by Nos 51/1989 s. 144(2)(b)(c), 57/1989 s. 3(Sch. item 67.25), repealed by No. 6/2018 s. 54.\n\nPt 4 Div. 4 (Heading and ss 107–109) repealed[[8]](#endnote-9).\n\nPt 4 Div. 5 (Heading and ss 110–111) amended by Nos 7460 s. 2, 9156 s. 2, 9407 s. 3, 51/1989 s. 144(2)(h)(i), repealed by No. 6/2018 s. 54.\n\nPt 4 Div. 6 (Heading and s. 112) repealed by No. 6/2018 s. 54.\n\nPt 4 Div. 7 (Heading and ss 113–117) amended by No. 7460 s. 3, substituted as Pt 4 Div. 7 (Heading and ss 113–123A) by No. 10074 s. 11(1), repealed by No. 51/1989 s. 144(2)(j).\n\nPt 4 Div. 8 (Heading and ss 118–122) amended by Nos 6540 s. 2(a)–(c), 6716 s. 2(Sch.), 7366 s. 5, 7460 s. 4, 7876 s. 2(3), 8139 ss 3–5, 9042 s. 2(a)–(g), 9427 s. 6(1)(Sch. 5 item 55), 9554 s. 2(2)(Sch. 2 item 68), substituted as Pt 4 Div. 8 (Heading and s. 123B) by No. 10074 s. 11(1), amended by Nos 12/1989 s. 4(1)(Sch. 2 items 41.4, 41.5), 19/1989 s. 16(Sch. item 21.2), repealed by No. 51/1989 s. 144(2)(j).\n\nPt 4 Div. 9 (Heading and s. 123C) repealed[[9]](#endnote-10).\n\nPt 4 Div. 10 (Heading and ss 124, 125) amended by Nos 10074 s. 11(2), 51/1989 s. 144(2)(l), repealed by No. 6/2018 s. 54.\n\n* * * *\n\nPt 4 Div. 11 (Heading and s. 126) amended by Nos 7660 s. 2, 51/1989 s. 144(2) (m)(n), repealed by No. 6/2018 s. 54.\n\nPt 4 Div. 12 (Heading and s. 126B) inserted by No. 4/2012 s. 4.\n\nDivision 12—Miscellaneous\n\nS. 126B inserted by No. 4/2012 s. 4.\n\n\t126B False or misleading statement as to swearing etc. of affidavit\n\n(1) Subject to subsection (2), a person must not make a false or misleading statement as to—\n\n(a) the circumstances in which an affidavit or a document purporting to be an affidavit was sworn or affirmed; or\n\n(b) whether or not an affidavit or a document purporting to be an affidavit was sworn or affirmed—\n\nknowing that the statement is false or misleading.\n\nPenalty: 10 penalty units.\n\n(2) This section applies—\n\n(a) only in relation to a statement made on or after the commencement of section 4 of the **Evidence (Miscellaneous Provisions) Amendment (Affidavits) Act 2012**; and\n\n(b) whether the affidavit or the document purporting to be an affidavit was sworn or affirmed before, on or after that commencement.\n\nPt 5 (Heading and ss 127–129) amended by Nos 10074 s. 11(3)(b)(c), 51/1989 s. 144(2)(o)(p), 52/2001 s. 13(2)(c), 69/2009 s. 28, repealed by No. 6/2018 s. 55.\n\nPart VI—Recording of evidence\n\nNo. 5877 s. 2 [122].\n\n","sortOrder":88},{"sectionNumber":"130","sectionType":"section","heading":"Power to person acting judicially to direct that evidence be recorded","content":"\t130 Power to person acting judicially to direct that evidence be recorded\n\nS. 130(1) amended by Nos 9156 s. 3(2)(a)(i), 110/1986 s. 140(2), 100/1995 s. 22(1)(a)–(d).\n\n(1) Any person acting judicially if in his or her discretion he or she thinks fit may on the application of any party to any legal proceeding before him or her, and such person shall upon the application of all the parties to any legal proceeding before him or her, direct that any evidence to be given in the legal proceeding be recorded and transcribed in any manner that he or she directs.\n\nS. 130(2) amended by No. 8752 s. 6(1)(a), substituted by No. 100/1995 s. 22(2).\n\n(2) A direction under subsection (1) may include such terms and conditions as the person acting judicially thinks fit.\n\nS. 130(3) amended by Nos 9156 s. 3(2)(a)(ii), 78/2000 s. 5(1).\n\n(3) Subject to subsection (3A), if any direction is given under this section the person who is to record the evidence shall be selected by all the parties to the legal proceeding or in default of their agreement by the person acting judicially in the proceeding.\n\nS. 130(3A) inserted by No. 78/2000 s. 5(2).\n\n(3A) If the Secretary to the Department of Justice has entered into an agreement with a person for the provision by that person of recording and transcription services to the court concerned, the evidence must be recorded and transcribed by or on behalf of that person unless a party to the legal proceeding shows grounds to the satisfaction of the person acting judicially in the proceeding that another person should record and transcribe the evidence and the person acting judicially so directs.\n\nS. 130(4) amended by Nos 9156 s. 3(2)(a)(iii), 100/1995 s. 22(3).\n\n(4) Where any evidence is recorded pursuant to this section the person acting judicially having jurisdiction to determine by whom the costs of the legal proceeding are to be paid may decide in his or her discretion by whom the costs of recording and transcribing such evidence shall be paid.\n\nNo. 5877 s. 2 [123].\n\nS. 131 amended by No. 9156 s. 3(2)(b).\n\n","sortOrder":89},{"sectionNumber":"131","sectionType":"section","heading":"As to methods of recording evidence","content":"\t131 As to methods of recording evidence\n\nAny evidence recorded under this Part shall be recorded by—\n\nS. 131(a) amended by Nos 8752 s. 6(1)(b), 9156 s. 3(2)(b), substituted by No. 100/1995 s. 23(1).\n\n(a) a shorthand writer;\n\nS. 131(b) amended by Nos 8003 s. 3(a), 10087 s. 3(1)(Sch. 1 item 57), substituted by No. 100/1995 s. 23(1).\n\n(b) mechanical means, that is to say by tape recording machine or any mechanical or electronic or other device.\n\nSs 132–133 repealed.[[10]](#endnote-11)\n\nNo. 5877 s. 2 [126].\n\nS. 134 amended by Nos 8752 s. 6(1)(e), 9156 s. 3(2)(d), 100/1995 s. 23(3)(a)–(c).\n\n","sortOrder":90},{"sectionNumber":"134","sectionType":"section","heading":"Persons recording evidence under this Part to be officers of the court","content":"\t134 Persons recording evidence under this Part to be officers of the court\n\nEvery person recording any evidence pursuant to this Part shall for the time being be an officer of any court in or for which he or she is required to record the evidence and shall be under the direction of the court with regard to the performing of his or her duty in recording and transcribing or causing to be transcribed such evidence.\n\nNo. 5877 s. 2 [127].\n\nS. 135 amended by No. 8228 s. 6(a).\n\n","sortOrder":91},{"sectionNumber":"135","sectionType":"section","heading":"Records made under this Part to be received as prima facie evidence of matter therein contained","content":"\t135 Records made under this Part to be received as prima facie evidence of matter therein contained\n\nS. 135(1) amended by Nos 8752 s. 6(1)(f)(i)(ii), 9156 s. 3(2)(e), substituted by No. 100/1995 s. 23(4).\n\n(1) The notes of any shorthand writer or the record made by mechanical means under this Part and the written transcript of such notes or record when certified as correct by the shorthand writer or the person recording the evidence or the person preparing the written transcript are evidence of anything recorded in the notes, record or transcript.\n\nS. 135(2) inserted by No. 8228 s. 6(b), amended by Nos 8752 s. 6(1)(f)(iii), 100/1995 s. 23(5).\n\n(2) Where it is made to appear to a court that a document contains a written transcript of the notes of a shorthand writer or of a record made under this Part by a writer or person who is dead or who is out of Victoria or who is unfit by reason of his bodily or mental condition to certify to the correctness of the transcript of the notes or record and the court is satisfied that the transcript of the notes or record is correct the court may receive the transcript as prima facie evidence of anything therein recorded.\n\nS. 136 amended by No. 9156 s. 3(2)(f), repealed by No. 100/1995 s. 23(6).\n\nNo. 5877 s. 2 [129].\n\nS. 137 amended by Nos 9156 s. 3(2)(g), 9576 s. 11(1).\n\n","sortOrder":92},{"sectionNumber":"137","sectionType":"section","heading":"Penalty for falsely recording evidence","content":"\t137 Penalty for falsely recording evidence\n\nAny person who wilfully—\n\n(a) records or transcribes in a false or incorrect manner any evidence required under this Part to be recorded;\n\n(b) tampers with or alters or falsifies or permits anyone to tamper with alter or falsify any record of such evidence or any transcript thereof;\n\n(c) certifies as correct any record or transcript of such evidence which is false or incorrect—\n\nshall be guilty of an indictable offence and on conviction thereof shall be liable to imprisonment for a term of not more than five years.\n\nSs 138, 139 repealed.[[11]](#endnote-12)\n\nNo. 5877 s. 2 [132].\n\n","sortOrder":93},{"sectionNumber":"140","sectionType":"section","heading":"Power to Governor in Council to regulate fees","content":"\t140 Power to Governor in Council to regulate fees\n\nS. 140(1) substituted by No. 6855 s. 3.\n\n(1) The Governor in Council may from time to time make regulations for or with respect to—\n\nS. 140(1)(a) repealed by No. 100/1995 s. 23(7)(a).\n\nS. 140(1)(b) amended by Nos 9156 s. 3(3), 100/1995 s. 23(7)(b).\n\n(b) prescribing fees payable to the Crown by any party to any legal proceeding and by any other person in respect of the supplying of a document or any medium containing a transcript of evidence recorded and for any other associated transcript services;\n\nS. 140(1)(c)–140(1)(g) repealed.[[12]](#endnote-13)\n\nS. 140(2) repealed by No. 6886 s. 3, new s. 140(2) inserted by No. 8752 s. 6(1)(j), substituted by No. 9156 s. 3(1).\n\n(2) In this Part—\n\nS. 140(2)(a) amended by Nos 10257 s. 84(e)(i)(ii), 100/1995 s. 23(8)(a).\n\n  (a) ***evidence*** means evidence given in any legal proceeding or coroner's inquest and includes any ruling direction summing up judgment or other matter in that proceeding or inquest that is directed to be recorded and transcribed;\n\nS. 140(2)(b) repealed by No. 100/1995 s. 23(8)(b).\n\nS. 140(3) inserted by No. 9156 s. 3(1), repealed by No. 100/1995 s. 23(9).\n\nPt 7 (Heading) amended by No. 6/2018 s. 61.\n\nPart VII—Offences relating to false documents and false certificates\n\nS. 141 repealed by No. 6/2018 s. 56.\n\nNo. 3674 s. 134.\n\nS. 142 amended by Nos 9576 s. 11(1), 9945 s. 3(3)(Sch. 2 item 16).\n\n","sortOrder":94},{"sectionNumber":"142","sectionType":"section","heading":"Forgery, using etc. false documents an indictable offence","content":"\t142 Forgery, using etc. false documents an indictable offence\n\nAny person who—\n\nS. 142(a) amended by No. 69/2009 s. 29(1)(a).\n\n(a) forges or counterfeits any seal or stamp or the impression of any seal or stamp whatsoever purporting to be a seal or stamp such as is mentioned or referred to in any provision of this Act, or the **Evidence Act 2008**;\n\nS. 142(b) amended by No. 69/2009 s. 29(1)(b).\n\n(b) forges or counterfeits any signature whatsoever purporting to be a signature such as is mentioned or referred to in any provision of this Act, or the **Evidence Act 2008**;\n\nS. 142(c) amended by No. 69/2009 s. 29(1)(c).\n\n(c) fraudulently alters any document whatsoever purporting to be a document such as is mentioned or referred to in any provision of this Act, or the **Evidence Act 2008**, or any seal stamp or signature thereon or thereto;\n\n(d) affixes any such seal stamp or signature to any such document knowing such document to be untrue;\n\n(e) except for some lawful purpose drafts engrosses copies or prepares any such document knowing the same to be untrue;\n\n(f) without full disclosure tenders in evidence or otherwise uses any such document knowing that the seal or stamp or the impression of the seal or stamp or the signature thereon or thereto has been forged or counterfeited or is false or that such document is untrue or has become wholly or partially invalid or that such document or the seal stamp or the impression of the seal or stamp or the signature thereon or thereto has been fraudulently altered—\n\nshall be guilty of an indictable offence and be liable to imprisonment for a term of not more than five years.\n\nNo. 3674 s. 135.\n\nS. 143 amended by Nos 9576 s. 11(1), 9945 s. 3(3)(Sch. 2 item 16), 69/2009 s. 29(2).\n\n","sortOrder":95},{"sectionNumber":"143","sectionType":"section","heading":"Printing or using documents falsely purporting to be printed by government printer an indictable offence","content":"\t143 Printing or using documents falsely purporting to be printed by government printer an indictable offence\n\nAny person who prints any document whatsoever which falsely purports to be a document such as is mentioned or referred to in any provision of this Act, or the **Evidence Act 2008**, as a document which might or should be printed by a government printer or as a document which might or would be admitted in evidence if printed by a government printer or who without full disclosure tenders in evidence or otherwise uses any such document knowing the same is not printed as it falsely purports to be shall be guilty of an indictable offence and be liable to imprisonment for a term of not more than five years.\n\nNo. 3674 s. 136.\n\nS. 144 amended by Nos 9576 s. 11(1), 9945 s. 3(3)(Sch. 2 item 16), 7/2009 s. 435(7) (as amended by No. 68/2009 s. 54(u)).\n\n","sortOrder":96},{"sectionNumber":"144","sectionType":"section","heading":"Giving false certificates an indictable offence","content":"\t144 Giving false certificates an indictable offence\n\nAny officer or person authorized required or permitted by any provision of this Act to furnish any copies extracts or transcripts who wilfully certifies or delivers any document as being a true copy extract or transcript knowing that the same is not a true copy extract or transcript (as the case may be) shall be guilty of an offence and be liable to imprisonment for a term of not more than two years.\n\nNo. 3674 s. 137.\n\n","sortOrder":97},{"sectionNumber":"145","sectionType":"section","heading":"Interpretation provisions to apply to this Part","content":"\t145 Interpretation provisions to apply to this Part\n\nIn order to ascertain for the purposes of this Part the meaning of any provision in any other Part any enactment relating to interpretation applicable to such provision in such other Part shall be taken to apply.\n\nPart VIII—Miscellaneous\n\nS. 146 amended by No. 110/1986 s. 140(2), repealed by No. 69/2009 s. 30.\n\nSs 147–149 repealed by No. 69/2009 s. 30.\n\nS. 149A inserted by No. 7366 s. 6, amended by Nos 101/1986 s. 57, 108/1997 s. 153, substituted by No. 69/2009 s. 31.\n\n","sortOrder":98},{"sectionNumber":"149A","sectionType":"section","heading":"Admissions of fact in confiscation proceedings","content":"\t149A Admissions of fact in confiscation proceedings\n\nSubject to the express provisions of any Act, but despite any rule of law or procedure or any practice to the contrary, the accused person in any proceedings under the **Confiscation Act 1997** may make an admission of any fact or matter that is relevant in the proceedings and any person acting judicially may accept the admission as sufficient evidence of that fact or matter without further proof unless he or she is of the opinion that it would be contrary to the interests of justice to do so having regard to all the circumstances of the case.\n\nS. 149AB inserted by No. 60/1993 s. 25, repealed by No. 69/2009 s. 33.\n\nSs 149B, 149C  \ninserted by No. 10231 s. 11, repealed by No. 69/2009 s. 33.\n\nS. 150 substituted by No. 7366 s. 6, amended by Nos 9554 s. 2(2)(Sch. 2 item 69), 110/1986 s. 140(2), 85/1987 s. 4, repealed by No. 69/2009 s. 33.\n\nS. 151 amended by Nos 10257 s. 84(f), 57/1989 s. 3(Sch. item 67.27), 68/2009 s. 97(Sch. item 54.48), repealed by No. 6/2018 s. 57.\n\nS. 151A inserted by No. 60/2004 s. 4.\n\n","sortOrder":99},{"sectionNumber":"151A","sectionType":"section","heading":"Supreme Court—limitation of jurisdiction","content":"\t151A Supreme Court—limitation of jurisdiction\n\nIt is the intention of section 42BE(1) to alter or vary section 85 of the **Constitution Act 1975**.\n\nS. 152  \ninserted by No. 7366 s. 7, amended by Nos 7705 s. 10, 7876 s. 2(3), 34/1990 s. 6(a).\n\n","sortOrder":100},{"sectionNumber":"152","sectionType":"section","heading":"Regulations","content":"\t152 Regulations\n\nS. 152(1) amended by Nos 10257 s. 84(g), 57/1989 s. 3(Sch. item 67.28), 68/2009 s. 97(Sch. item 54.49)[[13]](#endnote-14), 69/2009 s. 32(b), repealed by No. 52/2012 s. 16.\n\nS. 152(2) inserted by No. 34/1990 s. 6(b).\n\n(2) The Governor in Council may make regulations for or with respect to—\n\nS. 152(2)(aa) inserted by No. 8/1991 s. 11(2), repealed by No. 68/2009 s. 97(Sch. item 54.50).\n\nS. 152(2)(a)(b) amended by No. 46/1998  \ns. 7(Sch. 1), repealed by No. 6/2018 s. 62(a).\n\nS. 152(2)(c) amended by No. 6/2018 s. 62(b).\n\n(c) generally prescribing any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\nS. 153  \ninserted by No. 81/1997  \ns. 11, repealed by No. 69/2009 s. 33.\n\nS. 154  \ninserted by No. 21/1998  \ns. 5, repealed by No. 69/2009 s. 33.\n\nS. 155  \ninserted by No. 92/2000 s. 14.\n\n","sortOrder":101},{"sectionNumber":"155","sectionType":"section","heading":"Transitional provision—Magistrates' Court (Committal Proceedings) Act 2000","content":"\t155 Transitional provision—Magistrates' Court (Committal Proceedings) Act 2000\n\nThe amendment of section 37A(1) of this Act made by section 13 of the **Magistrates' Court (Committal Proceedings) Act 2000** applies to applications for leave under Rule (2) made under that section on or after the commencement of section 13 of that Act irrespective of when the committal proceeding is commenced or when any offence to which the proceeding relates is alleged to have been committed.\n\nS. 156 inserted by No. 60/2004 s. 5, repealed by No. 69/2009 s. 33.\n\nS. 156A inserted by No. 15/2005 s. 10.\n\n","sortOrder":102},{"sectionNumber":"156A","sectionType":"section","heading":"Transitional provision—Sentencing (Further Amendment) Act 2005","content":"\t156A Transitional provision—Sentencing (Further Amendment) Act 2005\n\n","sortOrder":103},{"sectionNumber":"Div 3A","sectionType":"division","heading":"of Part II, inserted by section 9 of the **Sentencing (Further Amendment) Act 2005**, applies to a proceeding for an offence commenced on or after the commencement of that section, regardless of when the offence is alleged to have been committed.","content":"Division 3A of Part II, inserted by section 9 of the **Sentencing (Further Amendment) Act 2005**, applies to a proceeding for an offence commenced on or after the commencement of that section, regardless of when the offence is alleged to have been committed.\n\nS. 157 inserted by No. 72/2004 s. 42, repealed by No. 69/2009 s. 33.\n\nS. 158 inserted by No. 53/2006 s. 5, repealed by No. 69/2009 s. 33.\n\nS. 158A inserted by No. 2/2006 s. 38A (as amended by No. 76/2006 s. 12).\n\n","sortOrder":104},{"sectionNumber":"158A","sectionType":"section","heading":"Transitional provision—Crimes (Sexual Offences) Act 2006","content":"\t158A Transitional provision—Crimes (Sexual Offences) Act 2006\n\n(1) An amendment made to this Act by a provision of section 25, 29, 30, 33 or 37 of the **Crimes (Sexual Offences) Act 2006** applies to—\n\n(a) any legal proceeding commenced before the commencement of that provision if at the commencement of that provision—\n\n(i) the hearing of the proceeding had not commenced; or\n\n(ii) no evidence had been given on the hearing of the proceeding; and\n\n(b) any legal proceeding that commences on or after the commencement of that provision.\n\n(2) An amendment made to this Act by a provision of section 27, 34 or 38 of the **Crimes (Sexual Offences) Act 2006** applies to any legal proceeding that commences on or after the commencement of that provision.\n\nS. 159 inserted by No. 76/2006 s. 8.\n\n","sortOrder":105},{"sectionNumber":"159","sectionType":"section","heading":"Transitional provision—Crimes (Sexual Offences) (Further Amendment) Act 2006","content":"\t159 Transitional provision—Crimes (Sexual Offences) (Further Amendment) Act 2006\n\nThe amendments made to this Act by sections 5, 6 and 7 of the **Crimes (Sexual Offences) (Further Amendment) Act 2006** apply to any proceeding that commences on or after the commencement of those provisions, irrespective of when the offence to which the proceeding relates is alleged to have been committed.\n\nS. 160 inserted by No. 18/2008 s. 13.\n\n","sortOrder":106},{"sectionNumber":"160","sectionType":"section","heading":"Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008","content":"\t160 Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008\n\n(1) The amendments made to this Act by sections 9, 10 and 11 of the **Justice Legislation Amendment (Sex Offences Procedure) Act 2008** apply to a proceeding for an offence that is commenced on or after the commencement of those provisions, irrespective of when the offence to which the proceeding relates is alleged to have been committed.\n\n(2) The amendments made to this Act by section 12 of the **Justice Legislation Amendment (Sex Offences Procedure) Act 2008**—\n\n(a) apply to any legal proceeding that commences before or after the commencement of section 12, irrespective of when the offence to which the proceeding relates is alleged to have been committed; but\n\n(b) do not apply to any legal proceeding that commenced before the commencement of section 12 if, before the commencement of section 12, the accused had been committed for trial or charged on indictment or presentment with the offence to which the proceeding relates.\n\nS. 161 inserted by No. 69/2009 s. 34.\n\n","sortOrder":107},{"sectionNumber":"161","sectionType":"section","heading":"Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009","content":"\t161 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009\n\n(1) This Act, as amended by the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009**, applies to any proceeding commenced on or after the day that Act commences.\n\n(2) In the case of any proceeding that commenced before the day the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009** commenced, this Act, as amended by the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009**, applies to that part of the proceeding that takes place on or after that day, other than a hearing in the proceeding to which subsection (3) applies.\n\n(3) This Act as in force immediately before the commencement of the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009** continues to apply to any hearing in a proceeding that commenced before the day that Act commenced and that—\n\n(a) continues on or after that day; or\n\n(b) was adjourned until that day or a day after that day.\n\nS. 162 inserted by No. 69/2009 s. 34.\n\n","sortOrder":108},{"sectionNumber":"162","sectionType":"section","heading":"Transitional provision—interpretation of references","content":"\t162 Transitional provision—interpretation of references\n\nA reference in any other Act (other than this Act) or in any instrument made under any Act or in any other document of any kind to a provision of the **Evidence Act 1958** that is not repealed by the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009**, is to be taken to be a reference to the provision of the same number in the **Evidence (Miscellaneous Provisions) Act 1958**, so far as it applies to any period on or after the commencement of the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009**.\n\nS. 163 inserted by No. 68/2009 s. 97(Sch. item 54.51).\n\n","sortOrder":109},{"sectionNumber":"163","sectionType":"section","heading":"Transitional provision—Criminal Procedure Act 2009","content":"\t163 Transitional provision—Criminal Procedure Act 2009\n\n(1) Sections 55B(5) and 144 as amended by section 435(7) of the **Criminal Procedure Act 2009** applies to an offence alleged to have been committed on or after the commencement of section 435(7) of that Act.\n\n(2) For the purposes of subsection (1), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 435(7) of the **Criminal Procedure Act 2009**, the offence is alleged to have been committed before that commencement.\n\nS. 164 inserted by No. 7/2010 s. 9, substituted by No. 67/2014 s. 147(Sch. 2 item 16.4).\n\n","sortOrder":110},{"sectionNumber":"164","sectionType":"section","heading":"Transitional provision—Inquiries Act 2014","content":"\t164 Transitional provision—Inquiries Act 2014\n\n(1) Division 5 of Part I, or any provision of that Division, that applied to a board or a commission referred to in that Division immediately before the commencement day continues to apply, despite its repeal, to that board or commission.\n\n(2) If another Act, as in force immediately before the commencement day, provided that Division 5 of Part I, or any provision of that Division, applies for the purposes of that other Act or for the purposes of an inquiry, investigation, hearing, appeal, review or other proceeding under that other Act, that Division or provision continues to apply, despite its repeal, for those purposes.\n\n(3) Section 30, as in force immediately before the commencement day continues to apply in relation to a board or commission that was, immediately before that repeal, empowered under the provisions of this Act to summon witnesses.\n\n(4) In this section—\n\n***commencement day*** means the day on which item 16.2 of Schedule 2 to the **Inquiries Act 2014** comes into operation.\n\nS. 165 inserted by No. 4/2012 s. 5.\n\n","sortOrder":111},{"sectionNumber":"165","sectionType":"section","heading":"Validation of certain acts and documents","content":"\t165 Validation of certain acts and documents\n\n(1) If an affidavit signed before 12 November 2011 by a person and by a person duly authorised to administer oaths contains words indicating that the first person states that the affidavit is made on oath or affirmation—\n\n(a) it is not, and was not at any time, necessary that—\n\n(i) the oath or affirmation be made orally; or\n\n(ii) the first person signed the affidavit in the presence of the person duly authorised to administer oaths; or\n\n(iii) the person duly authorised to administer oaths signed the affidavit in the presence of the first person; or\n\n(iv) if the first person signed the affidavit in the presence of a person duly authorised to administer oaths, the person so authorised observed the person signing the affidavit; or\n\n(v) the affidavit contained the statement required by section 126; and\n\n(b) the words indicating that the first person states that the affidavit was made on oath or affirmation are and are taken always to have been effective by way of oath or affirmation even if anything referred to in paragraph (a)(i) to (v) was not done or did not occur.\n\n(2) A warrant, an order, a summons or other process issued or made by a court or a judicial officer in reliance, directly or indirectly, on an affidavit referred to in subsection (1) is not invalid only by reason of the fact that, but for subsection (1), the affidavit would not have been duly sworn or affirmed.\n\n(3) For the purposes of the prosecution of an alleged offence, the fact that, but for subsection (1), an affidavit would not have been duly sworn or affirmed is to be disregarded in determining whether evidence obtained in reliance, directly or indirectly, on that affidavit ought to be admitted.\n\n(4) Subject to subsection (3), this section does not limit a discretion of a court—\n\n(a) to exclude evidence in a criminal proceeding; or\n\n(b) to stay a criminal proceeding in the interests of justice.\n\n(5) This section does not affect the rights of the parties in—\n\n(a) the proceedings known as *Director of Public Prosecutions (Vic.) v. Marijancevic (No. 264 of 2011)*, *Director of Public Prosecutions (Vic.) v. Preece (No. 263 of 2011)* and *Director of Public Prosecutions (Vic.) v. Preece (No. 265 of 2011)* in the Supreme Court of Victoria, Court of Appeal; or\n\n(b) any other proceeding in which a court, before the day on which the **Evidence (Miscellaneous Provisions) Amendment (Affidavits) Act 2012** receives the Royal Assent, has made a ruling on the validity of—\n\n(i) an affidavit referred to in subsection (1); or\n\n(ii) a warrant, an order, a summons or a process issued or made in reliance, directly or indirectly, on an affidavit referred to in subsection (1); or\n\n(c) any other proceeding in which a court, before the day on which the **Evidence (Miscellaneous Provisions) Amendment (Affidavits) Act 2012** receives the Royal Assent, has made a ruling on the admissibility of evidence obtained under a warrant, an order, a summons or other process issued or made in reliance, directly or indirectly, on an affidavit that, but for subsection (1), would not have been duly sworn or affirmed.\n\n(6) In this section ***affidavit*** includes a document purporting to be an affidavit.\n\nS. 166 inserted by No. 37/2017 s. 20.\n\n","sortOrder":112},{"sectionNumber":"166","sectionType":"section","heading":"Transitional provision—Jury Directions and Other Acts Amendment Act 2017","content":"\t166 Transitional provision—Jury Directions and Other Acts Amendment Act 2017\n\nDivision 4 of Part IIA as amended by section 19 of the **Jury Directions and Other Acts Amendment Act 2017** applies to a criminal trial that commences (within the meaning of section 210 of the **Criminal Procedure Act 2009**) on or after the day on which section 19 of the **Jury Directions and Other Acts Amendment Act 2017** comes into operation.\n\nS. 166A inserted by No. 11/2020 s. 35.\n\n","sortOrder":113},{"sectionNumber":"166A","sectionType":"section","heading":"Transitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020","content":"\t166A Transitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020\n\n(1) Despite the repeal of Part IX, any order or direction made under that Part continues to apply after that repeal until the end of the hearing or proceeding in respect of which the order or direction was made, subject to any further order or direction of the court.\n\n(2) For the purposes of an order or direction that continues in accordance with subsection (1), Part IX continues to have effect despite its repeal.\n\nNew s. 167 inserted by No. 11/2021 s. 23.\n\n","sortOrder":114},{"sectionNumber":"167","sectionType":"section","heading":"Transitional provision—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021","content":"\t167 Transitional provision—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021\n\n(1) Despite the amendments to sections 42JA and 42RA by section 42YA, any direction made under section 42L or 42RA in relation to a proceeding referred to in section 42JA (2A), as in force immediately before its repeal, continues to apply on and after those amendments until the end of the hearing or proceeding in respect of which the direction was made, subject to any further order or direction of the court.\n\n(2) For the purposes of a direction that continues in accordance with subsection (1), Part IIA continues to have effect as if sections 42JA and 42RA had not been amended by section 42YA.\n\nNew s. 168 inserted by No. 38/2022 s. 93(3).\n\n","sortOrder":115},{"sectionNumber":"168","sectionType":"section","heading":"Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022","content":"\t168 Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022\n\n(1) Except as otherwise provided by this section, on and after the commencement of the amendments to Division 2A of Part II made by the **Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022**, that Division, as so amended, applies to a proceeding irrespective of when the proceeding commenced.\n\n(2) In a proceeding that commenced before the commencement of the amendments made to Division 2A of Part II by the **Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022**, no information constitutes protected health information for the purposes of that Division.\n\n(3) On and after the commencement of the amendments to Division 2A of Part II made by the **Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022**, that Division as in force immediately before that commencement continues to apply, despite those amendments, to—\n\n(a) an ongoing application for leave under section 32C; and\n\n(b) the evidence to which that application relates.\n\n(4) For the purposes of subsection (3), an application for leave under section 32C(1) is ongoing if—\n\n(a) notice was given in respect of that application in accordance with section 32C(2) as in force immediately before the commencement of the amendments to section 32C made by the **Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022**; and\n\n(b) the application was not determined before that commencement.\n\nNew s. 169 inserted by No. 5/2025 s. 57.\n\n","sortOrder":116},{"sectionNumber":"169","sectionType":"section","heading":"Transitional provision—Justice Legislation Amendment (Committals) Act 2025","content":"\t169 Transitional provision—Justice Legislation Amendment (Committals) Act 2025\n\nThe amendments made to section 42JA by the **Justice Legislation Amendment (Committals) Act 2025** apply only to a committal proceeding commenced on or after the commencement of those amendments.\n\nPt 9 (Headings and ss 167–191) inserted by No. 11/2020 s. 34, amended by No. 27/2020 s. 31, repealed by No. 6246/1958 s. 191 (as amended by No. 27/2020 s. 31).\n\nSchedules\n\nSch. 1 repealed by No. 12/1993 s. 6(b).\n\nSch. 2 amended by Nos 7705 s. 10, 117/1986 s. 6(Sch. 1 item 1(11)), 4/1997  \ns. 4(2), 45/2001 s. 41(2)(a)-(d), 69/2009 s. 35, 37/2014 s. 10(Sch. item 59.7).\n\nSecond Schedule\n\nS. 12\n\nTo the governor of the gaol at [*or as the case may be*]  \nand to all police officers:\n\nIt is hereby ordered under the provisions of the **Evidence (Miscellaneous Provisions) Act 1958**, that [*here insert name of prisoner*], a person now in your physical custody at [*here insert name of place of detention*] be brought before the [*here insert name of court, &c.*] at [*insert place where court, &c., is to be holden*] [*or* be brought to [*insert place where facilities exist to enable the person to appear by audio or audio visual link within the meaning of Part IIA of that Act before that court at that place*]][[14]](#endnote-15) on the day of then and there to testify what he or she knows concerning the matters then to be inquired of in the hearing of [*here specify name of cause or matter*] and he or she is to remain at that place until he or she is in due course released from custody according to law or returned to the governor of the gaol at [*or as the case may be*].\n\nDated this day of\n\nSignature and description of Judge.\n\nSch. 3 substituted by No. 69/2009 s. 36, repealed by No. 6/2018 s. 58.\n\nSch. 4 amended by No. 7703 s. 5, repealed by No. 51/1989 s. 144(2)(q).\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe **Evidence Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.\n\nThe title of this Act was changed from the **Evidence Act 1958** to the **Evidence (Miscellaneous Provisions) Act 1958** by section 3 of the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009**, No. 69/2009.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n","sortOrder":117},{"sectionNumber":"2","sectionType":"section","heading":"Table of Amendments","content":"2 Table of Amendments\n\nThis publication incorporates amendments made to the **Evidence (Miscellaneous Provisions) Act 1958** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Evidence (Miscellaneous Provisions) Act 1958, No. 6246/1958**\n\n| Assent Date: | 30.9.58 |\n| Commencement Date: | S. 191 inserted on 25.4.20 by No. 11/2020 s. 34: s. 2 (as amended by No. 27/2020 s. 31); s. 42YA inserted on 26.4.21 by No. 11/2021 s. 22: s. 2(2) (as amended by No. 11/2022 s. 8(2)) |\n| Note: | S. 191 repealed Pt IX (ss 167–191) on 26.4.21; s. 42YA(a) repealed s. 42JA(2A) on 27.4.23; s. 42YA(b) on 27.4.23 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Statute Law Revision Act 1959, No. 6505/1959**\n\n| Assent Date: | 5.5.59 |\n| Commencement Date: | 1.4.59: s. 1(2) |\n\n**Evidence (Amendment) Act 1959, No. 6540/1959**\n\n| Assent Date: | 29.9.59 |\n| Commencement Date: | 29.9.59 |\n\n**Social Welfare Act 1960, No. 6651/1960**\n\n| Assent Date: | 15.6.60 |\n| Commencement Date: | S. 58 on 11.7.60: Government Gazette 6.7.60 p. 2210 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Statute Law Revision Act 1960, No. 6716/1960**\n\n| Assent Date: | 21.12.60 |\n| Commencement Date: | 1.4.59: s. 3 |\n\n**Evidence (Children) Act 1961, No. 6758/1961**\n\n| Assent Date: | 26.4.61 |\n| Commencement Date: | 26.4.61 |\n\n**Evidence (Amendment) Act 1962, No. 6855/1962**\n\n| Assent Date: | 11.4.62 |\n| Commencement Date: | 11.4.62 |\n\n**Subordinate Legislation Act 1962, No. 6886/1962**\n\n| Assent Date: | 8.5.62 |\n| Commencement Date: | 1.8.62: Government Gazette 4.7.62 p. 2314 |\n\n**Statute Law (Further Revision) Act 1962, No. 6961/1962**\n\n| Assent Date: | 18.12.62 |\n| Commencement Date: | 18.12.62: subject to s. 3 |\n\n**Evidence (Affidavits) Act 1963, No. 7039/1963**\n\n| Assent Date: | 12.11.63 |\n| Commencement Date: | 12.11.63 |\n\n**Public Lands and Works Act 1964, No. 7228/1964**\n\n| Assent Date: | 15.12.64 |\n| Commencement Date: | 15.3.65: Government Gazette 11.3.65 p. 557 |\n\n**Evidence (Reproductions) Act 1965, No. 7324/1965**\n\n| Assent Date: | 7.12.65 |\n| Commencement Date: | 1.3.66: Government Gazette 23.2.66 p. 652 |\n\n**Evidence (Amendment) Act 1965, No. 7366/1965**\n\n| Assent Date: | 21.12.65 |\n| Commencement Date: | 21.12.65 |\n\n**Evidence (Medical Evidence) Act 1966, No. 7418/1966**\n\n| Assent Date: | 24.5.66 |\n| Commencement Date: | 1.7.66: Government Gazette 22.6.66 p. 2205 |\n\n**Evidence (Foreign Tribunals) Act 1966, No. 7460/1966**\n\n| Assent Date: | 22.11.66 |\n| Commencement Date: | 22.11.66 |\n\n**Juries Act 1967, No. 7651/1967**\n\n| Assent Date: | 19.12.67 |\n| Commencement Date: | S. 2(1)(Sch. 1 Pt 2 item 4) on 1.1.69: Government Gazette 4.12.68 p. 3919 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Evidence (Attestations) Act 1968, No. 7660/1968**\n\n| Assent Date: | 26.3.68 |\n| Commencement Date: | 26.3.68 |\n\n**Abolition of Bailiwicks Act 1968, No. 7703/1968**\n\n| Assent Date: | 15.10.68 |\n| Commencement Date: | 1.1.69: Government Gazette 4.12.68 p. 3920 |\n\n**County Court (Jurisdiction) Act 1968, No. 7705/1968**\n\n| Assent Date: | 15.10.68 |\n| Commencement Date: | 1.1.69: Government Gazette 4.12.68 p. 3919 |\n\n**Mines (Abolition of Courts) Act 1969, No. 7840/1969**\n\n| Assent Date: | 20.5.69 |\n| Commencement Date: | 20.5.69 |\n\n**Justices (Amendment) Act 1969, No. 7876/1969**\n\n| Assent Date: | 25.11.69 |\n| Commencement Date: | All of Act (*except* ss 3, 5, 6, 7(k)(m)–(o)) on 1.4.70; ss 3, 5, 6, 7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 |\n\n**Evidence (Bankers' Books) Act 1969, No. 7881/1969**\n\n| Assent Date: | 25.11.69 |\n| Commencement Date: | 25.11.69 |\n\n**Evidence (Boards and Commissions) Act 1970, No. 7933/1970**\n\n| Assent Date: | 25.2.70 |\n| Commencement Date: | 25.2.70 |\n\n**Evidence (Scientific Tests) Act 1970, No. 8003/1970**\n\n| Assent Date: | 17.11.70 |\n| Commencement Date: | 1.3.71: Government Gazette 17.2.71 p. 389 |\n\n**Evidence (Registration of Commissioners) Act 1971, No. 8139/1971**\n\n| Assent Date: | 4.5.71 |\n| Commencement Date: | 1.12.72: Government Gazette 1.3.72 p. 501 |\n\n**Statute Law Revision Act 1971, No. 8181/1971**\n\n| Assent Date: | 23.11.71 |\n| Commencement Date: | 23.11.71 |\n\n**Evidence (Boards and Commissions) Act 1971, No. 8190/1971**\n\n| Assent Date: | 30.11.71 |\n| Commencement Date: | 30.11.71 |\n\n**Evidence (Documents) Act 1971, No. 8228/1971**\n\n| Assent Date: | 14.12.71 |\n| Commencement Date: | 14.12.71 |\n\n**Evidence Act 1972, No. 8327/1972**\n\n| Assent Date: | 28.11.72 |\n| Commencement Date: | 1.3.74: Government Gazette 13.2.74 p. 377 |\n\n**Companies (Interstate Corporate Affairs Commission) Act 1974, No. 8565/1974**\n\n| Assent Date: | 14.5.74 |\n| Commencement Date: | 1.7.74: Government Gazette 29.5.74 p. 1869 |\n\n**Courts Administration Act 1975, No. 8752/1975**\n\n| Assent Date: | 18.11.75 |\n| Commencement Date: | 1.12.75: Government Gazette 26.11.75 p. 3888 |\n\n**Companies Act 1975, No. 8787/1975**\n\n| Assent Date: | 2.12.75 |\n| Commencement Date: | All of Act (*except* s. 28) on 1.3.76; s. 28 on 24.2.76: Government Gazette 24.2.76 p. 575 |\n\n**Rape Offences (Proceedings) Act 1976, No. 8950/1976**\n\n| Assent Date: | 14.12.76 |\n| Commencement Date: | 1.7.77: Government Gazette 22.6.77 p. 1712 |\n\n**Statute Law Revision Act 1977, No. 9019/1977**\n\n| Assent Date: | 17.5.77 |\n| Commencement Date: | 17.5.77: subject to s. 2(2) |\n\n**Commissioners and Justices Act 1977, No. 9042/1977**\n\n| Assent Date: | 22.11.77 |\n| Commencement Date: | 1.1.78: s. 1(2) |\n\n**Statute Law Revision Act 1977, No. 9059/1977**\n\n| Assent Date: | 29.11.77 |\n| Commencement Date: | 29.11.77: subject to s. 2(2) |\n\n**Evidence (Amendment) Act 1978, No. 9156/1978**\n\n| Assent Date: | 30.5.78 |\n| Commencement Date: | 16.9.79: Government Gazette 5.9.79 p. 2791 |\n\n**Crimes (Competence and Compellability of Spouse Witnesses) Act 1978, No. 9230/1978**\n\n| Assent Date: | 19.12.78 |\n| Commencement Date: | 1.7.79: Government Gazette 4.4.79 p. 901 |\n\n**Imperial Law Re-enactment Act 1980, No. 9407/1980**\n\n| Assent Date: | 20.5.80 |\n| Commencement Date: | 2.7.80: Government Gazette 2.7.80 p. 2257 |\n\n**Statute Law Revision Act 1980, No. 9427/1980**\n\n| Assent Date: | 27.5.80 |\n| Commencement Date: | 27.5.80: see s. 6(2) |\n\n**Crimes (Sexual Offences) Act 1980, No. 9509/1980**\n\n| Assent Date: | 23.12.80 |\n| Commencement Date: | 1.3.81: Government Gazette 4.2.81 p. 338 |\n\n**Penalties and Sentences Act 1981, No. 9554/1981**\n\n| Assent Date: | 19.5.81 |\n| Commencement Date: | S. 2(2)(Sch. 2 items 66–69) on 1.9.81: Government Gazette 26.8.81 p. 2700 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Crimes (Classification of Offences) Act 1981, No. 9576/1981**\n\n| Assent Date: | 26.5.81 |\n| Commencement Date: | 1.9.81: Government Gazette 26.8.81 p. 2799 |\n\n**Companies (Administration) Act 1981, No. 9698/1981**\n\n| Commencement Date: | Ss 1, 2, 15 on 5.1.82; rest of Act on 1.7.82: Government Gazette 30.6.82 p. 2108 |\n\n**Companies (Consequential Amendments) Act 1981, No. 9699/1981**\n\n| Commencement Date: | Ss 9, 14, 18 on 1.7.81: s. 2(2); s. 19 on 1.10.81: s. 2(3); s. 22 on 5.1.82: s. 2(4); rest of Act on 1.7.82: s. 2(1) |\n\n**Associations Incorporation Act 1981, No. 9713/1981**\n\n| Commencement Date: | 1.7.83: Government Gazette 25.5.83 p. 1238 |\n\n**Statute Law Revision Act 1983, No. 9902/1983**\n\n| Assent Date: | 15.6.83 |\n| Commencement Date: | 15.6.83: subject to s. 2(2) |\n\n**Penalties and Sentences (Amendment) Act 1983, No. 9945/1983**\n\n| Assent Date: | 20.9.83 |\n| Commencement Date: | S. 2 on 1.9.83: s. 1(14); s. 8 never proclaimed, repealed by No. 10096; rest of Act on 20.12.83: Government Gazette 14.12.83 p. 4035 |\n\n**Evidence (Amendment) Act 1984, No. 10074/1984**\n\n| Assent Date: | 15.5.84 |\n| Commencement Date: | 1.7.84: Government Gazette 27.6.84 p. 2120 |\n\n**Crimes (General Amendment) Act 1984, No. 10084/1984**\n\n| Assent Date: | 22.5.84 |\n| Commencement Date: | 1.7.84: Government Gazette 27.6.84 p. 2119 |\n\n**Statute Law Revision Act 1984, No. 10087/1984**\n\n| Assent Date: | 22.5.84 |\n| Commencement Date: | 22.5.84: subject to s. 3(2) |\n\n**Accident Compensation Act 1985, No. 10191/1985**\n\n| Assent Date: | 30.7.85 |\n| Commencement Date: | S. 276(Sch. 2) on 31.8.85 (at 4 p.m.): Government Gazette 30.8.85 p. 3401 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Evidence (Amendment) Act 1985, No. 10231/1985**\n\n| Assent Date: | 10.12.85 |\n| Commencement Date: | 1.2.86: Government Gazette 22.1.86 p. 144 |\n\n**Coroners Act 1985, No. 10257/1985**\n\n| Assent Date: | 10.12.85 |\n| Commencement Date: | Ss 1–3, Pt 9 on 12.2.86: Government Gazette 12.2.86 p. 382; rest of Act on 1.6.86: Government Gazette 30.4.86 p. 1115 |\n\n**Courts Amendment Act 1986, No. 16/1986**\n\n| Assent Date: | 22.4.86 |\n| Commencement Date: | S. 30(Sch.) on 1.7.86: Government Gazette 25.6.86 p. 2180 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Crimes (Amendment) Act 1986, No. 37/1986**\n\n| Assent Date: | 20.5.86 |\n| Commencement Date: | 1.7.86: Government Gazette 25.6.86 p. 2239 |\n\n**Crimes (Confiscation of Profits) Act 1986, No. 101/1986**\n\n| Assent Date: | 16.12.86 |\n| Commencement Date: | 1.8.87: Government Gazette 22.7.87 p. 1924 |\n\n**Supreme Court Act 1986, No. 110/1986**\n\n| Assent Date: | 16.12.86 |\n| Commencement Date: | 1.1.87: s. 2 |\n\n**Corrections Act 1986, No. 117/1986**\n\n| Assent Date: | 23.12.86 |\n| Commencement Date: | S. 6(Sch. 1 item 1(11)) on 1.3.88: Government Gazette 24.2.88 p. 363 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Road Safety Act 1986, No. 127/1986**\n\n| Assent Date: | 23.12.86 |\n| Commencement Date: | Sch. 4 item 9 on 1.3.87: Government Gazette 25.2.87 p. 445 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Evidence (Neighbourhood Mediation Centres) Act 1987, No. 42/1987**\n\n| Assent Date: | 19.5.87 |\n| Commencement Date: | 2.9.87: Government Gazette 2.9.87 p. 2328 |\n\n**Accident Compensation (Amendment) Act 1987, No. 83/1987**\n\n| Assent Date: | 1.12.87 |\n| Commencement Date: | S. 6(2) on 30.7.85: s. 2(2); s. 45(1) on 1.1.88: s. 2(3); rest of Act on 1.12.87: s. 2(1) |\n\n**Courts (Amendment) Act 1987, No. 85/1987**\n\n| Assent Date: | 1.12.87 |\n| Commencement Date: | S. 6 on 1.12.87: s. 2(2); rest of Act on 13.1.88: Government Gazette 13.1.88 p. 35 |\n\n**State Bank Act 1988, No. 29/1988**\n\n| Assent Date: | 17.5.88 |\n| Commencement Date: | 9.6.88: Government Gazette 8.6.88 p. 1582 |\n\n**Local Government (Consequential Provisions) Act 1989, No. 12/1989**\n\n| Assent Date: | 9.5.89 |\n| Commencement Date: | Sch. 2 items 41.1–41.5 on 1.11.89: Government Gazette 1.11.89 p. 2798 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**County Court (Amendment) Act 1989, No. 19/1989**\n\n| Assent Date: | 16.5.89 |\n| Commencement Date: | 1.8.89: Government Gazette 26.7.89 p. 1858 |\n\n**Magistrates' Court Act 1989, No. 51/1989** (as amended by No. 34/1990)\n\n| Assent Date: | 14.6.89 |\n| Commencement Date: | S. 144(2) on 1.9.90: Government Gazette 25.7.90 p. 2216 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989**\n\n| Assent Date: | 14.6.89 |\n| Commencement Date: | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |\n\n**Courts (Children's and Magistrates') Act 1990, No. 34/1990**\n\n| Assent Date: | 13.6.90 |\n| Commencement Date: | S. 6 on 1.9.90: Government Gazette 25.7.90 p. 2216 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Evidence (Amendment) Act 1990, No. 57/1990**\n\n| Assent Date: | 13.11.90 |\n| Commencement Date: | Ss 8–10 on 12.12.90: Special Gazette (No. 63) 11.12.90 p. 1; rest of Act on 1.6.91: Government Gazette 29.5.91 p. 1386 |\n\n**Courts (Amendment) Act 1990, No. 64/1990**\n\n| Assent Date: | 20.11.90 |\n| Commencement Date: | S. 17 on 1.1.91: Government Gazette 19.12.90 p. 3750 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**State Bank (Succession of Commonwealth Bank) Act 1990, No. 94/1990**\n\n| Assent Date: | 18.12.90 |\n| Commencement Date: | S. 40(5) on 1.1.91: Special Gazette (No. 73) 31.12.90 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Crimes (Sexual Offences) Act 1991, No. 8/1991** (as amended by No. 81/1991)\n\n| Assent Date: | 16.4.91 |\n| Commencement Date: | Ss 7, 8, 10 on 5.8.91: Government Gazette 5.8.91 p. 2026; s. 11(1A) on 1.2.92: Government Gazette 22.1.92 p. 114; ss 11(1)(2) on 20.12.94: Government Gazette 15.12.94 p. 3308; s. 9 on 1.7.98 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Local Government (Rating) Act 1991, No. 78/1991** (as amended by No. 22/1992)\n\n| Assent Date: | 3.12.91 |\n| Commencement Date: | S. 26 on 1.11.89: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Crimes (Rape) Act 1991, No. 81/1991**\n\n| Assent Date: | 3.12.91 |\n| Commencement Date: | S. 4 on 1.1.92: Government Gazette 18.12.91 p. 3486; s. 5 on 1.2.92: Government Gazette 22.1.92 p. 114 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Evidence (Unsworn Evidence) Act 1993, No. 12/1993**\n\n| Assent Date: | 11.5.93 |\n| Commencement Date: | 11.5.93 |\n\n**Crimes (Criminal Trials) Act 1993, No. 60/1993**\n\n| Assent Date: | 8.6.93 |\n| Commencement Date: | Ss 24, 25 on 1.7.93: Government Gazette 1.7.93 p. 1735 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Evidence (Proof of Offences) Act 1993, No. 74/1993**\n\n| Assent Date: | 26.10.93 |\n| Commencement Date: | Ss 1, 2 on 26.10.93: s. 2(1); rest of Act on 1.1.94: s. 2(2) |\n\n**Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993**\n\n| Assent Date: | 7.12.93 |\n| Commencement Date: | S. 20(4) on 7.12.93: s. 2(4) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Medical Practice Act 1994, No. 23/1994**\n\n| Assent Date: | 17.5.94 |\n| Commencement Date: | Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672 |\n\n**Financial Management (Consequential Amendments) Act 1994, No. 31/1994**\n\n| Assent Date: | 31.5.94 |\n| Commencement Date: | S. 3(Sch. 1 item 25) on 7.7.94: Government Gazette 7.7.94 p. 1878—see **Interpretation of Legislation Act 1984** |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Magistrates' Court (Amendment) Act 1994, No. 33/1994**\n\n| Assent Date: | 31.5.94 |\n| Commencement Date: | S. 17(2) on 24.10.94: Government Gazette 20.10.94 p. 2789 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Public Prosecutions Act 1994, No. 43/1994**\n\n| Assent Date: | 7.6.94 |\n| Commencement Date: | Pt 1 (ss 1–3) on 7.6.94: s. 2(1); rest of Act on 1.7.94: s. 2(3) |\n\n**Transport Accident (General Amendment) Act 1994, No. 84/1994**\n\n| Assent Date: | 29.11.94 |\n| Commencement Date: | S. 62 on 18.12.94: Special Gazette (No. 96) 13.12.94 pp 1, 2 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Prostitution Control Act 1994, No. 102/1994**\n\n| Assent Date: | 13.12.94 |\n| Commencement Date: | Ss 1, 2 on 13.12.94: s. 2(1); rest of Act on 13.6.95: s. 2(3) |\n\n**Legal Aid Commission (Amendment) Act 1995, No. 48/1995**\n\n| Assent Date: | 14.6.95 |\n| Commencement Date: | S. 11(4) on 14.12.95: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995**\n\n| Assent Date: | 5.12.95 |\n| Commencement Date: | Ss 22, 23 on 5.12.95: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Legal Practice Act 1996, No. 35/1996**\n\n| Assent Date: | 6.11.96 |\n| Commencement Date: | S. 453(Sch. 1 item 29) on 1.1.97: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Evidence (Audio Visual and Audio Linking) Act 1997, No. 4/1997**\n\n| Assent Date: | 22.4.97 |\n| Commencement Date: | Ss 3, 4 on 22.12.97: Government Gazette 18.12.97 p. 3612 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Veterinary Practice Act 1997, No. 58/1997**\n\n| Assent Date: | 28.10.97 |\n| Commencement Date: | S. 96(Sch. item 4) on 17.3.98: Government Gazette 12.3.98 p. 520 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Crimes (Amendment) Act 1997, No. 81/1997**\n\n| Assent Date: | 2.12.97 |\n| Commencement Date: | Ss 9–11 on 1.1.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Legal Practice (Amendment) Act 1997, No. 102/1997**\n\n| Assent Date: | 16.12.97 |\n| Commencement Date: | S. 49(Sch. item 2) on 16.12.97: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Confiscation Act 1997, No. 108/1997**\n\n| Assent Date: | 23.12.97 |\n| Commencement Date: | S. 153 on 1.7.98: Government Gazette 18.6.98 p. 1512 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Evidence (Confidential Communications) Act 1998, No. 21/1998**\n\n| Assent Date: | 5.5.98 |\n| Commencement Date: | Ss 1–3 on 5.5.98: s. 2(1); ss 4, 5 on 1.9.98: s. 2(3) |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Crimes, Confiscation and Evidence Acts (Amendment) Act 1998, No. 80/1998**\n\n| Assent Date: | 13.11.98 |\n| Commencement Date: | Pt 4 (s. 6) on 20.10.98: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Magistrates' Court (Amendment) Act 1999, No. 10/1999**\n\n| Assent Date: | 11.5.99 |\n| Commencement Date: | S. 8(6) on 1.7.99: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Surveillance Devices Act 1999, No. 21/1999**\n\n| Assent Date: | 18.5.99 |\n| Commencement Date: | S. 40 on 1.1.00: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Dental Practice Act 1999, No. 26/1999**\n\n| Assent Date: | 1.6.99 |\n| Commencement Date: | S. 107(Sch. item 3) on 1.7.00: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Crimes (Criminal Trials) Act 1999, No. 35/1999**\n\n| Assent Date: | 8.6.99 |\n| Commencement Date: | S. 35 on 1.9.99: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Courts and Tribunals Legislation (Miscellaneous Amendments) Act 2000, No. 78/2000**\n\n| Assent Date: | 28.11.00 |\n| Commencement Date: | S. 5 on 28.11.00: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Magistrates' Court (Committal Proceedings) Act 2000, No. 92/2000**\n\n| Assent Date: | 5.12.00 |\n| Commencement Date: | Ss 13, 14 on 1.7.01: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 3(Sch. item 25) on 1.6.01: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 3(Sch. item 40) on 15.7.01: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Corrections (Custody) Act 2001, No. 45/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 41 on 1.3.02: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Public Notaries Act 2001, No. 52/2001**\n\n| Assent Date: | 25.9.01 |\n| Commencement Date: | S. 13(2) on 6.6.02: Government Gazette 30.5.02 p. 1118 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Justice Legislation (Sexual Offences and Bail) Act 2004, No. 20/2004**\n\n| Assent Date: | 18.5.04 |\n| Commencement Date: | S. 8 on 19.5.04: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Evidence (Witness Identity Protection) Act 2004, No. 60/2004** (as amended by No. 18/2005)\n\n| Assent Date: | 12.10.04 |\n| Commencement Date: | Ss 3–5 on 1.7.06: Government Gazette 29.6.06 p. 1314 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Children and Young Persons (Age Jurisdiction) Act 2004, No. 72/2004**\n\n| Assent Date: | 9.11.04 |\n| Commencement Date: | Ss 41, 42 on 1.7.05: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 72) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Sentencing (Further Amendment) Act 2005, No. 15/2005**\n\n| Assent Date: | 10.5.05 |\n| Commencement Date: | Ss 9, 10 on 11.5.05: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Legal Profession (Consequential Amendments) Act 2005, No. 18/2005**\n\n| Assent Date: | 24.5.05 |\n| Commencement Date: | S. 18(Sch. 1 item 40) on 12.12.05: Government Gazette 1.12.05 p. 2781 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Defamation Act 2005, No. 75/2005**\n\n| Assent Date: | 2.11.05 |\n| Commencement Date: | S. 49(Sch. 4 item 1) on 1.1.06: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Health Professions Registration Act 2005, No. 97/2005**\n\n| Assent Date: | 7.12.05 |\n| Commencement Date: | S. 182(Sch. 4 item 19) on 1.7.07: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Crimes (Sexual Offences) Act 2006, No. 2/2006** (as amended by No. 76/2006)\n\n| Assent Date: | 7.3.06 |\n| Commencement Date: | S. 35 on 22.8.06: Special Gazette (No. 214) 22.8.06 p. 1; ss 24–34, 36–38A on 1.12.06: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006**\n\n| Assent Date: | 11.4.06 |\n| Commencement Date: | Ss 16, 17 on 12.4.06: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006**\n\n| Assent Date: | 15.8.06 |\n| Commencement Date: | S. 42(Sch. item 13) on 23.4.07: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Evidence (Document Unavailability) Act 2006, No. 53/2006**\n\n| Assent Date: | 15.8.06 |\n| Commencement Date: | Ss 3–5 on 1.9.06: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Crimes (Sexual Offences) (Further Amendment) Act 2006, No. 76/2006**\n\n| Assent Date: | 10.10.06 |\n| Commencement Date: | Ss 5–8 immediately after s. 38 of the **Crimes (Sexual Offences) Act 2006** i.e. 1.12.06: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008**\n\n| Assent Date: | 13.5.08 |\n| Commencement Date: | Ss 9–13 on 1.7.08: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008**\n\n| Assent Date: | 3.6.08 |\n| Commencement Date: | S. 78 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Family Violence Protection Act 2008, No. 52/2008**\n\n| Assent Date: | 23.9.08 |\n| Commencement Date: | Ss 243, 244 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Coroners Act 2008, No. 77/2008**\n\n| Assent Date: | 11.12.08 |\n| Commencement Date: | S. 129(Sch. 2 item 9) on 1.11.09: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Criminal Procedure Act 2009, No. 7/2009** (as amended by No. 68/2009)\n\n| Assent Date: | 10.3.09 |\n| Commencement Date: | S. 435(7) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 54) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Statute Law Amendment (Evidence Consequential Provisions) Act 2009, No. 69/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | Ss 3–36 on 1.1.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Crimes Legislation Amendment Act 2010, No. 7/2010**\n\n| Assent Date: | 16.3.10 |\n| Commencement Date: | Ss 7–9 on 17.3.10: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010**\n\n| Assent Date: | 30.3.10 |\n| Commencement Date: | S. 51(Sch. item 22) on 1.7.10: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Personal Safety Intervention Orders Act 2010, No. 53/2010**\n\n| Assent Date: | 7.9.10 |\n| Commencement Date: | S. 223 on 1.12.10: Government Gazette 14.10.10 p. 2405 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Consumer Acts Amendment Act 2011, No. 36/2011**\n\n| Assent Date: | 23.8.11 |\n| Commencement Date: | S. 36 on 24.8.11: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011**\n\n| Assent Date: | 22.11.11 |\n| Commencement Date: | S. 107(Sch. item 5) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Evidence (Miscellaneous Provisions) Amendment (Affidavits) Act 2012, No. 4/2012**\n\n| Assent Date: | 1.3.12 |\n| Commencement Date: | S. 5 on 12.11.11: s. 2(2); s. 4 on 2.3.12: s. 2(3) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Victorian Inspectorate Amendment Act 2012, No. 19/2012**\n\n| Assent Date: | 24.4.12 |\n| Commencement Date: | S. 22 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Independent Broad-based Anti-corruption Commission Amendment (Examinations) Act 2012, No. 28/2012**\n\n| Assent Date: | 29.5.12 |\n| Commencement Date: | S. 35 on 10.2.13: Special Gazette (No. 32) 6.2.13 p. 1 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Statute Law Revision Act 2012, No. 43/2012**\n\n| Assent Date: | 27.6.12 |\n| Commencement Date: | S. 3(Sch. item 17.1) on 17.3.10: s. 2(2)(d); s. 3(Sch. items 17.2, 17.3) on 28.6.12: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Evidence Amendment (Journalist Privilege) Act 2012, No. 52/2012**\n\n| Assent Date: | 18.9.12 |\n| Commencement Date: | Ss 14–16 on 1.1.13: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013**\n\n| *Assent Date:* | 12.11.13 |\n| *Commencement Date:* | S. 649(Sch. 9 item 18) on 1.7.14: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Legal Profession Uniform Law Application Act 2014, No. 17/2014**\n\n| *Assent Date:* | 25.3.14 |\n| *Commencement Date:* | S. 160(Sch. 2 item 40) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| *Commencement Date:* | S. 10(Sch. item 59) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014**\n\n| *Assent Date:* | 26.8.14 |\n| *Commencement Date:* | Ss 172, 173 on 27.8.14: s. 2(1) |\n| *Current State:* | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Inquiries Act 2014, No. 67/2014**\n\n| *Assent Date:* | 23.9.14 |\n| *Commencement Date:* | S. 147(Sch. 2 item 16) on 15.10.14: Special Gazette (No. 364) 14.10.14 p. 2 |\n| *Current State:* | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Justice Legislation (Evidence and Other Acts) Amendment Act 2016, No. 38/2016**\n\n| *Assent Date:* | 28.6.16 |\n| *Commencement Date:* | Ss 3–8 on 12.9.16: Special Gazette (No. 278) 6.9.16 p. 1 |\n| *Current State:* | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016**\n\n| Assent Date: | 6.9.16 |\n| Commencement Date: | S. 39 on 1.7.17: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Jury Directions and Other Acts Amendment Act 2017, No. 37/2017**\n\n| *Assent Date:* | 29.8.17 |\n| *Commencement Date:* | Ss 19, 20 on 1.10.17: s. 2(3) |\n| *Current State:* | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | Ss 53–58, 60–62, 68(Sch. 2 item 51) on 1.3.19: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**COVID-19 Omnibus (Emergency Measures) Act 2020, No. 11/2020**\n\n| Assent Date: | 24.4.20 |\n| Commencement Date: | Ss 34, 35 on 25.4.20: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Justice Legislation Miscellaneous Amendments Act 2020, No. 22/2020**\n\n| Assent Date: | 30.6.20 |\n| Commencement Date: | S. 20 on 1.7.20: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Act 2020, No. 27/2020**\n\n| Assent Date: | 20.10.20 |\n| Commencement Date: | S. 31 on 21.10.20: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021, No. 11/2021**\n\n| Assent Date: | 23.3.21 |\n| Commencement Date: | Ss 3–23 on 26.4.21: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Firearms and Other Acts Amendment Act 2021, No. 44/2021**\n\n| Assent Date: | 26.10.21 |\n| Commencement Date: | Ss 5–7 on 27.10.21: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Public Health and Wellbeing Amendment (Pandemic Management) Act 2021, No. 53/2021**\n\n| Assent Date: | 7.12.21 |\n| Commencement Date: | S. 27 on 8.12.21: s. 2(1) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Justice Legislation Amendment (Trial by Judge Alone and Other Matters) Act 2022, No. 11/2022**\n\n| Assent Date: | 29.3.22 |\n| Commencement Date: | S. 8 on 30.3.22: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022**\n\n| Assent Date: | 6.9.22 |\n| Commencement Date: | Ss 82−88, 93 on 30.7.23: s. 2(5) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023**\n\n| Assent Date: | 5.9.23 |\n| Commencement Date: | S. 7(Sch. 1 item 11) on 6.9.23: s. 2 |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n**Justice Legislation Amendment (Committals) Act 2025, No. 5/2025**\n\n| Assent Date: | 25.2.25 |\n| Commencement Date: | Ss 46, 56, 57 on 28.12.25: s. 2(2) |\n| Current State: | This information relates only to the provision/s amending the **Evidence (Miscellaneous Provisions) Act 1958** |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Pt 1 Div. 1C: Section 7 of the **Evidence (Amendment) Act 1990**, No. 57/1990 reads as follows:\n\n","sortOrder":118},{"sectionNumber":"7","sectionType":"section","heading":"Repeals","content":"  7 Repeals\n\n  (1) The following Acts of the Parliament of the United Kingdom are repealed in so far as they are part of the law of Victoria:\n\n  The Foreign Tribunals Evidence Act 1856\n\n  The Evidence by Commission Act 1859\n\n  The Evidence by Commission Act 1885\n\n  (2) Nothing in this section affects—\n\n  (a) any application to any court or judge which is pending at the commencement of this Act;\n\n  (b) any certificate given for the purposes of such an application;\n\n  (c) any power to make an order on such an application; or\n\n  (d) the operation or enforcement of any order made on such an application. [↑](#endnote-ref-2)\n\n2. S. 12: Sections 11, 12 of the **Evidence (Audio Visual and Audio Linking) Act 1997**, No. 4/1997 read as follows:\n\n","sortOrder":119},{"sectionNumber":"11","sectionType":"section","heading":"Construction of references to bringing person before court","content":"  11 Construction of references to bringing person before court\n\n  A reference in any Act or in any subordinate instrument within the meaning of the **Interpretation of Legislation Act 1984** to a person appearing before, or being brought before, a court includes a reference to a person appearing before, or being brought to a place where facilities exist to enable a person to appear before, the court by audio or audio visual link within the meaning of Part IIA of the **Evidence Act 1958** in accordance with Division 2 or 3 of that Part.\n\n  12 Transitional provisions\n\n  (1) An amendment made by a provision of this Act to the **Evidence Act 1958**, the **Supreme Court Act 1986**, the **County Court Act 1958**, the **Magistrates' Court Act 1989** or the **Children and Young Persons Act 1989** applies to a proceeding that is commenced to be heard on or after the twenty-first day after the commencement of that amendment, irrespective of when the proceeding was commenced or when any offence to which the proceeding relates is alleged to have been committed.\n\n  (2) For the purposes of subsection (1) in its application to criminal proceedings—\n\n  (a) a trial is commenced to be heard on arraignment of the accused person; and\n\n  (b) a hearing of a charge for an offence is commenced to be heard on the taking of a formal plea from the accused person. [↑](#endnote-ref-3)\n\n3. Pt 1 Div. 8: Section 9 of the **Evidence (Amendment) Act 1990**,  No. 57/1990 reads as follows:\n\n","sortOrder":120},{"sectionNumber":"9","sectionType":"section","heading":"Transitional","content":"  9 Transitional\n\n  (1) An organisation that, immediately before the commencement of this section, was a neighbourhood mediation centre within the meaning of Division 8 of Part I of the Principal Act is deemed to be a dispute settlement centre and to be the same body after as before that commencement.\n\n  (2) A person who, immediately before the commencement of this section, was a neighbourhood mediator within the meaning of Division 8 of Part I of the Principal Act is deemed, on that commencement, to be a mediator within the meaning of that Division as amended by this Act.\n\n  (3) An Order or notice made or given under Division 8 of Part I of the Principal Act in force immediately before the commencement of this section may be amended or revoked by an Order or notice made or given under that Division after that commencement. [↑](#endnote-ref-4)\n\n4. Ss 41C and 41F: The amendment proposed by section 10 of the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009**, No. 69/2009 is not included in this publication because sections 41C and 41F were repealed before this amendment came into operation. [↑](#endnote-ref-5)\n\n5. Pt 2A: See note 2. [↑](#endnote-ref-6)\n\n6. S. 42J: Examples of proceedings, apart from the trial or hearing of the charge, to which Division 3 applies are proceedings with respect to bail or the remand of the accused person in custody, committal proceedings, directions hearings under Part 5.5 of the **Criminal Procedure Act 2009**, proceedings under the **Confiscation Act 1997** and proceedings under Division 1 or 2 of Part 4 of the **Sentencing Act 1991**. [↑](#endnote-ref-7)\n\n7. Pt 3 Div 9:\n\n  Pt 3 Div. 9 (Heading) repealed by No. 8228 s. 5(1).\n\n  S. 90 amended by Nos 7366 s. 3, 7881 s. 2(a)(i)(ii)(b), repealed by No. 8228 s. 5(1).\n\n  Ss 91–97 repealed by No. 8228 s. 5(1).\n\n  S. 97A inserted by No. 7881 s. 3, repealed by No. 8228 s. 5(1).\n\n  S. 98 repealed by No. 8228 s. 5(1). [↑](#endnote-ref-8)\n\n8. Pt 4 Div. 4: Pt 4 Div. 4 (Heading and ss 107–109) amended by Nos 51/1989 s. 144(2)(d)–(g) (as amended by No. 34/1990 s. 4(Sch. 3 item 16)), 125/1993 s. 20(4)(b), 23/1994 s. 118(Sch. 1 item 20.2), 84/1994 s. 62, 35/1996 s. 453(Sch. 1 item 29.4), 58/1997 s. 96(Sch. item 4), 46/1998 s. 7(Sch. 1), 26/1999 s. 107(Sch. item 3), 11/2001 s. 3(Sch. item 25.4), 52/2001 s. 13(2)(a), 108/2004 s. 117(1)(Sch. 3 item 72), 18/2005 s. 18(Sch. 1 item 40.4), 97/2005 s. 182(Sch. 4 items 19.3, 19.4), 14/2006 s. 16, 24/2008 s. 78(2), 13/2010 s. 51(Sch. item 22.2), 36/2011 s. 36, 19/2012 s. 22, 28/2012 s. 35, 17/2014 s. 160(Sch. 2 item 40.2), 37/2014 s. 10(Sch. item 59.6), 55/2014 s. 172, repealed by No. 6/2018 s. 54. [↑](#endnote-ref-9)\n\n9. Pt 4 Div. 9 (Heading and s. 123) amended by Nos 6855 s. 2, 7039 s. 2(1), substituted as Pt 4. Div. 9 (Heading and s. 123C) by No. 10074 s. 11(1), amended by Nos 19/1989 s. 16(Sch. item 21.3), 51/1989 s. 144(2) (as amended by No. 34/1990 s. 4(Sch. 3 items 17, 18)), 125/1993 s. 20(4)(c), 35/1996 s. 453(Sch. 1 item 29.5), 102/1997 s. 49(Sch. item 2.2), 46/1998 s. 7(Sch. 1), 52/2001 s. 13(2)(b), 108/2004 s. 117(1)(Sch. 3 item 72), 18/2005 s. 18(Sch. 1 items 40.5, 40.6), 14/2006 s. 17, 24/2008 s. 78(3), 37/2014 s. 10(Sch. item 59.6), 55/2014 s. 173, repealed by No. 6/2018 s. 54. [↑](#endnote-ref-10)\n\n10. Ss 132–133:\n\n  S. 132 substituted by No. 8752 s. 6(1)(c), amended by No. 57/1989 s. 3(Sch. item 67.26), repealed by No. 100/1995 s. 23(2).\n\n  S. 132A inserted by No. 8003 s. 3(b), amended by Nos 8752 s. 6(1)(d), 57/1989 s. 3(Sch. item 67.26), repealed by No. 100/1995 s. 23(2).\n\n  S. 133 amended by Nos 8003 s. 3(c), 9156 s. 3(2)(c), repealed by No. 100/1995 s. 23(2). [↑](#endnote-ref-11)\n\n11. Ss 138, 139:\n\n  S. 138 repealed by No. 8752 s. 6(1)(g).\n\n  S. 139 amended by Nos 8752 s. 6(1)(h), 10231 s. 10, 57/1989 s. 3(Sch. item 67.26), repealed by No. 100/1995 s. 23(6). [↑](#endnote-ref-12)\n\n12. S. 140(1)(c)–140(1)(g):\n\n  S. 140(1)(c) inserted by No. 8752 s. 6(1)(i), repealed by No. 100/1995 s. 23(7)(c).\n\n  S. 140(1)(d) inserted by No. 8752 s. 6(1)(i), amended by No. 10257 s. 84(d), repealed by No. 100/1995 s. 23(7)(c).\n\n  S. 140(1)(e)–(g) inserted by No. 8752 s. 6(1)(i), repealed by No. 100/1995 s. 23(7)(c). [↑](#endnote-ref-13)\n\n13. S. 152(1)(b): The amendment proposed by section 32(a) of the **Statute Law Amendment (Evidence Consequential Provisions) Act 2009**, No. 69/2009 is not included in this publication because section 152(1)(b) was repealed before this amendment came into operation. [↑](#endnote-ref-14)\n\n14. Schedule 2: See note 2. [↑](#endnote-ref-15)","sortOrder":121}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1001},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"Originally a general evidence statute, this Act has become a 'miscellaneous' repository for highly specific, unrelated schemes: witness identity protection for undercover police (2004), audio-visual links (1997, expanded 2021), sexual offence victim protections (1998, expanded 2022), and COVID-19 emergency measures (2020, since repealed). The 2009 restructuring — which moved most evidence law to the Evidence Act 2008 — transformed this from a central statute to a residual collection of specialised provisions, significantly altering its original scope and purpose."},"complexity_factors":["67+ defined terms across multiple sections, with overlapping definitions (e.g., 'child' defined differently in s.3 vs s.42C)","Extensive cross-referencing to other Victorian and Commonwealth legislation (Evidence Act 2008, Criminal Procedure Act 2009, Victoria Police Act 2013, etc.)","Nested conditional logic throughout — e.g., s.32D requires leave only if multiple cumulative conditions met, with exceptions in s.32E","Multiple overlapping divisions with similar structures (Divisions 1A, 1B, 1C for foreign/interstate evidence) creating redundancy","Technical specifications for audio/visual links (ss.42G, 42R, 42RB) with prescriptive equipment requirements","Complex witness identity protection scheme (Part IIAA) with interstate reciprocity, certificate cancellation, and tiered disclosure offences","Numerous transitional provisions (ss.155–169) tracking amendments across decades of legislative history","Heavily amended text with substantial repealed sections, making navigation difficult"],"plain_english_summary":"**What this Act does:**\n\nThis is Victoria's **Evidence (Miscellaneous Provisions) Act 1958** — a sprawling piece of legislation that fills gaps left by the main *Evidence Act 2008*. Think of it as the \"everything else\" file for how evidence is handled in Victorian courts.\n\n**Key things it covers:**\n\n- **Getting evidence from far away**: Special rules for examining witnesses who are overseas (Division 1A), interstate (Division 1B), or for helping foreign courts get evidence from Victoria (Division 1C). Courts can issue commissions or letters of request to take evidence on oath from people who can't travel.\n\n- **Prisoners giving evidence**: Lets prisoners be brought to court (or appear by video link) to testify without needing a *habeas corpus* writ (a complex legal order — basically, it cuts red tape).\n\n- **Protecting sensitive information**: \n  - **Legal aid applications** (Division 6): Keeps details of who applied for legal aid confidential.\n  - **Family and dispute mediations** (Divisions 7–8): Anything said in mediation generally can't be used in court later.\n  - **Sexual offence victims' counselling records** (Division 2A): Strict rules protect confidential communications with doctors or counsellors, and health information about victims. Courts need special leave to admit this evidence, with victims getting notice and a chance to object.\n\n- **Undercover police and witness protection** (Part IIAA): Creates \"witness identity protection certificates\" — lets undercover officers (called \"local operatives\" or \"interstate operatives\") give evidence using fake names or codes to protect their safety. Heavy penalties (up to 10 years prison) for revealing their identity.\n\n- **Video and audio links in court** (Part IIA): Detailed rules for when people can appear in court by video or phone. Adults in custody usually appear by video for routine matters, but must appear in person for trials. Children generally appear in person unless there are \"exceptional circumstances.\" Includes technical requirements and protections for lawyer-client communications.\n\n- **Proving documents**: Rules about using microfilm, proving wills, and taking \"judicial notice\" of official seals and signatures (meaning courts can accept they're genuine without proof).\n\n- **Recording evidence**: Courts can order evidence be recorded by shorthand or electronic means, with transcripts becoming official records.\n\n- **Offences**: Criminal penalties for forging documents, falsely claiming documents were printed by the government printer, or giving false certificates.\n\n**Who it affects:** Anyone involved in Victorian court proceedings — lawyers, judges, witnesses, victims of crime, prisoners, police, and people in mediations.\n\n**Why it matters:** This Act handles practical, sensitive situations that the main Evidence Act doesn't cover — protecting vulnerable witnesses, enabling remote participation, and balancing transparency with confidentiality."},"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act's title change from 'Evidence Act 1958' to 'Evidence (Miscellaneous Provisions) Act 1958' strongly suggests its scope narrowed over time. Core evidence provisions were likely moved to other legislation (such as the uniform Evidence Acts), leaving this Act to cover residual or miscellaneous matters not addressed elsewhere."},"complexity_factors":["The provided text is largely metadata and version history rather than substantive legislative content, making full analysis impossible","The Act's age (1958) means it has likely been amended multiple times, creating layered complexity","The 'miscellaneous provisions' nature suggests a grab-bag of different evidentiary rules without a single unifying structure","Interaction with other Victorian and federal evidence legislation adds interpretive complexity","Without the full text of the Act's sections, the actual legal complexity cannot be fully assessed — score is conservative"],"plain_english_summary":"## Evidence (Miscellaneous Provisions) Act 1958 (Victoria)\n\nThis is a Victorian law (originally called the *Evidence Act 1958*) that deals with **rules about how evidence can be used in court and legal proceedings**.\n\n**What it covers:**\nAs a 'miscellaneous provisions' Act, it handles a range of evidentiary matters — essentially the rules about what information courts can accept, how documents can be proved to be genuine, and procedural matters relating to evidence.\n\n**Who it affects:**\n- Anyone involved in legal proceedings in Victoria — whether as a party, witness, or lawyer\n- Businesses and individuals who need to prove the authenticity of documents in court\n- Government agencies dealing with legal records\n\n**Why it matters:**\nEvidence rules determine what a court can and cannot consider when making decisions. If evidence isn't presented in the right way, it may be excluded — which can make or break a case. This Act sets out the technical rules for how that evidence must be handled in Victorian courts.\n\n**Important note:** This is an older piece of legislation (dating from 1958) that has been substantially amended over the decades. Victoria now also operates under more modern evidence frameworks, so this Act sits alongside other evidence laws."},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"Originally enacted in 1958 as a short Act on miscellaneous evidence procedures, it has expanded dramatically. Major additions include: Part IIA (audio visual/audio links, added in 1997), Part IIAA (witness identity protection for undercover operatives, added in 2004), and Division 2A (confidential communications in sexual offence cases, added in 1998 and significantly overhauled in 2022). These parts govern new subject areas far beyond the original scope, which was limited to witness examinations, proof of documents, and similar technical provisions. The Act now substantially regulates remote court appearances and identity protection for law enforcement, reflecting a major expansion of state powers and procedural complexity."},"complexity_factors":["Extremely long Act (174 pages) with 45+ sections, many heavily amended.","Over 50 defined terms in section 3 alone, plus additional definitions within Parts.","Frequent cross-references to other Acts (Evidence Act 2008, Criminal Procedure Act 2009, Health Records Act 2001, etc.).","Nested exceptions and conditions, e.g., when a court must vs. may allow remote appearance, and multiple tests for granting leave to use protected evidence.","Multiple divisions with overlapping but distinct rules (e.g., examining witnesses abroad vs. interstate vs. for foreign courts).","Transitional provisions for nearly every amending Act (sections 155-169), creating complex temporal application rules.","Interplay with common law and other statutory regimes (e.g., surveillance devices, contempt of court).","Some provisions refer to repealed sections or use 'as in force immediately before its repeal' language."],"plain_english_summary":"This Victorian Act is a collection of procedural rules about how courts handle evidence. It covers:\n\n- **Examining witnesses**: Courts can order witnesses to be questioned outside court (by commission) or via video/audio link, including witnesses overseas or interstate.\n- **Prisoners giving evidence**: Courts can order prisoners to be brought to court (or appear by video link) without a special writ.\n- **Confidentiality**: Protects information shared with legal aid providers, statements made during family or dispute mediation, and doctor-patient confessions (except in certain cases like workers' compensation).\n- **Sexual offence cases**: A special part (Division 2A) prevents evidence of counselling communications or health records from being used unless a court grants leave after considering the victim's privacy and risk of harm.\n- **Undercover operatives**: Police and crime commission operatives can give evidence under an assumed identity using a 'witness identity protection certificate'. Disclosing their identity can be a criminal offence.\n- **Remote court appearances**: Courts can direct people (except accused children in some cases) to appear by audio or video link instead of physically. Accused adults in custody must usually appear by video for certain Magistrates' Court hearings.\n- **Document rules**: How to prove official documents, what happens if a document is lost, and rules for recording evidence (e.g. by shorthand or mechanical means).\n- **False documents**: Creates offences for forging court seals, signatures, or certificates related to evidence.\n\nThis Act is a companion to the main **Evidence Act 2008**. It affects anyone involved in Victorian court proceedings – witnesses, victims, accused people, lawyers, doctors, and police – by setting out practical procedures for giving evidence and protecting confidential information."}},"importantCases":[],"_links":{"self":"/api/acts/evidence-miscellaneous-provisions-act-1958","history":"/api/acts/evidence-miscellaneous-provisions-act-1958/history","analysis":"/api/acts/evidence-miscellaneous-provisions-act-1958/analysis","conflicts":"/api/acts/evidence-miscellaneous-provisions-act-1958/conflicts","importantCases":"/api/acts/evidence-miscellaneous-provisions-act-1958/important-cases","documents":"/api/acts/evidence-miscellaneous-provisions-act-1958/documents"}}