{"id":"a-1991-34","name":"Evidence (Miscellaneous Provisions) Act 1991","slug":"evidence-miscellaneous-provisions-act-1991","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"34 of 1991","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23514,"registerId":"act-a-1991-34-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"16","sectionType":"section","heading":"November 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 16 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n2 Dictionary 2\n3 Notes 2\n4 Offences against Act—application of Criminal Code etc 3\n4AA Definitions—ch 1A 4\n4AB Direction to hold ground rules hearing 4\n4AC Ground rules hearings—time limits 5\n4AD Ground rules hearings—who must attend 5\n\nPage\ncontents 2 Evidence (Miscellaneous Provisions) Act 1991\n4AE Ground rules hearings—intermediary’s report 5\n4AF Ground rules hearings—directions 6\n","sortOrder":0},{"sectionNumber":"Part 1B","sectionType":"part","heading":"Witness intermediaries—criminal","content":"Chapter 1B Witness intermediaries—criminal\n4AG Definitions 7\n4AH Panel of witness intermediaries 7\n4AI Functions of witness intermediaries 8\n4AJ Appointment of witness intermediary—generally 8\n4AK Appointment of witness intermediary—prescribed witnesses 9\n4AL Appointment of witness intermediary—suitability of the intermediary for\nthe witness etc 10\n4AM Witness to give evidence in presence of intermediary 11\n4AN Relationship to other provisions of this Act 11\n4A Principles for dealing with child witnesses 12\n5 Definitions—pt 2.2 13\n6 Meaning of give evidence in a proceeding by audiovisual link—pt 2.2 13\n7 Sworn or unsworn evidence 13\n8 Proceedings to which pt 2.2 applies 14\n9 Child giving evidence by audiovisual link 14\n10 Representation of child 15\n11 Consequential orders—pt 2.2 15\n12 Making of orders—pt 2.2 16\n13 Jury warning about inferences from child giving evidence by\naudiovisual link 17\n14 Failure to comply with pt 2.2 17\n15 Child turns 18 during proceeding 17\n\nPage\ncontents 3\n16 Definitions—ch 3 18\n17 Application—ch 3 19\n18 Operation of other Acts 19\nPart 3.2 Use of audiovisual links or audio links with\nparticipating States in ACT proceedings\n19 Application—pt 3.2 20\n20 Territory courts may take evidence and submissions from participating\nStates 20\n21 Legal practitioners entitled to practise 21\nPart 3.3 Use of interstate audiovisual links or audio\nlinks in proceedings in participating States\n22 Application—pt 3.3 22\n23 Recognised courts may take evidence or receive submissions from\npeople in ACT 22\n24 Powers of recognised courts 22\n25 Orders made by recognised court 23\n26 Enforcement of order 23\n27 Privileges, protection and immunity of participants in proceedings in\ncourts of participating States 23\n28 Recognised court may administer oath in ACT 24\n29 Assistance to recognised court 24\nPart 3.4 Use of audiovisual links or audio links with\nother places in ACT proceedings\n31 Application—pt 3.4 25\n32 Territory courts may take evidence and submissions from another\nplace 25\nPart 3.5 Protection of certain communications and\ndocuments in criminal proceedings\n33 Application—pt 3.5 27\n\nPage\ncontents 4 Evidence (Miscellaneous Provisions) Act 1991\n34 Protection of confidentiality 27\n35 Application of Listening Devices Act 27\n35A Application—pt 3.6 29\n35B Administration of oaths and affirmations by audiovisual or audio link 29\n35C Putting documents to person by audiovisual or audio link 30\n35D Premises to be considered part of territory court 30\n36 Power to order payment of costs 31\nChapter 4 Sexual, violent and family violence offence\n37 Meaning of proceeding—pt 4.1 32\n38 Meaning of family violence offence proceeding—ch 4 32\n38A Meaning of family violence offence—ch 4 32\n39 Meaning of less serious violent offence proceeding—ch 4 33\n40 Meaning of serious violent offence proceeding—ch 4 34\n41 Meaning of sexual offence proceeding—ch 4 35\n41A References to accused people—sexual offence proceedings under\nWork Health and Safety Act 2011 36\nPart 4.2 What special requirements apply to particular\n42 Definitions—pt 4.2 37\n43 Special requirements—particular proceedings 39\n44 Court may inform itself about particular witnesses 44\n45 Failure to comply with ch 4 44\nDivision 4.3.1 Preliminary—pt 4.3\n46 Definitions—pt 4.3 45\n47 Accused may be screened from witness in court 45\n\nPage\ncontents 5\n48 No examination of witness by self-represented accused person 46\n49 Witness may have support person in court 47\n50 Evidence to be given in closed court 48\nDivision 4.3.3 Special requirements—audiovisual recording of police\n51 Meaning of audiovisual recording—div 4.3.3 49\n52 Police interview audiovisual recording may be admitted as evidence 50\n53 Police interview audiovisual recording—notice 50\n54 Police interview audiovisual recording—notice for access 51\n55 Police interview audiovisual recording—access to accused person 51\n56 Police interview audiovisual recording—admissibility 52\n57 Police interview audiovisual recording—jury trial 52\n58 Transcript of police interview audiovisual recording—access to court 53\n59 Police interview audiovisual recording—offences 53\n60 Witness may give evidence at pre-trial hearing 54\n61 Who may be present at pre-trial hearing 55\n62 Evidence of witness at pre-trial hearing to be evidence at hearing 55\n63 Witness may be required to attend hearing 56\n64 Evidence of witness at pre-trial hearing—jury trial 57\n65 Recording of witness’s evidence at pre-trial hearing admissible in\nrelated hearing 57\n66 Audiovisual recording of child’s evidence—admissibility 59\n67 Meaning of give evidence—div 4.3.5 59\n68 Giving evidence by audiovisual link 59\n69 Recording evidence given by audiovisual link or in courtroom 60\n70 Consequential orders—div 4.3.5 62\n71 Making of orders—div 4.3.5 63\n72 Jury warning about inferences from witness giving evidence by\naudiovisual link 63\n\nPage\ncontents 6 Evidence (Miscellaneous Provisions) Act 1991\nPart 4.4 Special requirements—sexual offence and\nfamily violence offence proceedings\n73 Certain evidence to be given in closed court 64\n74 Prohibition of publication of complainant’s identity 65\n74A Evidence of family violence may be relevant evidence 66\nDivision 4.4.2 Sexual offence proceedings—evidence of\ncomplainant’s sexual reputation and activities\n75 Immunity of sexual reputation 68\n76 General immunity of evidence of complainant’s sexual activities 68\n77 Application for leave under s 76 68\n78 Decision to give leave under s 76 69\nDivision 4.4.3 Sexual and family violence offence proceedings—\nprotection of counselling communications\n79 Definitions—div 4.4.3 69\n79A Meaning of protected confidence—div 4.4.3 72\n79B When does div 4.4.3 apply? 74\n79C Immunity for protected confidences in preliminary criminal proceedings 74\n79D General immunity for protected confidences 75\n79E Application for leave to disclose protected confidence 75\n79F Threshold test––legitimate forensic purpose 77\n79G Preliminary examination of protected confidence evidence 77\n79H Giving of leave to disclose protected confidence 79\n79I Ancillary orders for protection of person who made protected\nconfidence 80\n79IA Counselled person may appear in proceeding if protected confidence\nsought to be disclosed 81\n79IB Court must be satisfied counselled person is informed of rights under\ndiv 4.4.3 82\n79J No waiver of protected confidence immunity 82\n79K No protected confidence immunity for medical information 82\n79L No protected confidence immunity for communications for criminal\ninvestigations and proceedings 83\n79M No protected confidence immunity in case of misconduct 83\n\nPage\ncontents 7\nDivision 4.4.4 Sexual offence proceedings—directions and warnings\nto juries\n80 Comments on complainants’ evidence 84\n80A Comments on children’s evidence 84\n80B Comments about lack of, or delays in making, complaint 84\n80C Directions about implied consent 85\nPart 4.5 Special requirements—family violence\noffence proceedings\n81 Meaning of recorded statement—pt 4.5 86\nDivision 4.5.2 Family violence offence proceedings—recorded\nstatement of police interview\n81A Recorded statement—requirements 87\n81B Recorded statement—may be admitted as evidence 89\n81C Recorded statement—hearsay rule and opinion rule 90\n81D Validity of proceeding not affected 90\n81E Recorded statement—represented accused person to be given copy 90\n81F Recorded statement—unrepresented accused person to be given\naccess 91\n81G Recorded statement—admissibility 92\n81H Recorded statement—accused person to be given audio copy 92\n81I Recorded statement—jury trial 92\n81J Recorded statement—offence to publish 93\nDivision 4.5.3 Recorded statement of police interview admissible as\nevidence—application for protection order\n81K Recorded statement—may be admitted as evidence in application for\nfamily violence protection order 94\nChapter 5 Certain evidence under court rules not\nadmissible\n82 Evidence not admissible in court—neutral evaluation 95\n83 Evidence not admissible in court—expert report 96\n84 Evidence not admissible in court—meeting of experts 96\n85 Evidence not admissible in court—evidence taken in examination 97\n\nPage\ncontents 8 Evidence (Miscellaneous Provisions) Act 1991\nChapter 6 Evidence in criminal proceedings—\ndangerously ill people\n90 Meaning of dangerously ill person—ch 6 99\n91 Application—ch 6 99\n92 Recording of evidence of dangerously ill person 99\n93 Notice of evidence of dangerously ill person 100\n94 Admissibility of recording of evidence of dangerously ill person 100\n95 Definitions—ch 6 102\n96 Victim impact statements—cross-examination in principal proceeding 102\n97 Victim impact statements—use in other proceeding 103\nPart 7.1 Evidence of witnesses with disabilities or\nvulnerabilities\n100 Meaning of witness with a disability—pt 7.1 104\n101 Child or witness with disability may have support person in court 104\n102 Witness with vulnerability may give evidence in closed court 105\n103 Making of s 101 and s 102 orders—court not bound by rules of\nevidence 106\nPart 7.2 Evidence in any proceedings—miscellaneous\n104 Proof of document under law of Commonwealth country 107\nPart 7.3 Evidence in any proceedings—extended\napplication of Evidence Act\n105 Extended application of Evidence Act—interpreters 109\n110 Application—ch 8 110\n111 Prohibition of publication of evidence etc 110\n\nPage\ncontents 9\n112 Noncompliance with s 111 order 111\n120 Approved forms 112\n121 Regulation-making power 112\nChapter 13 Transitional—Crimes (Disclosure) Legislation\nAmendment Act 2024\n165 Meaning of commencement day—ch 13 113\n166 Amendments do not apply to proceedings begun before\ncommencement day 113\n167 Amendments apply to protected confidences made before, on or after\ncommencement day 113\n168 Expiry—ch 13 113\nDictionary 114\n1 About the endnotes 120\n2 Abbreviation key 120\n3 Legislation history 121\n4 Amendment history 130\n5 Earlier republications 165\n6 Expired transitional or validating provisions 170\n7 Renumbered provisions 170\n\nAn Act about evidence\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Evidence (Miscellaneous Provisions) Act 1991.\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Dictionary","content":"2 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘participating State, for chapter 3\n(Use of audiovisual links and audio links)––see section 16.’ means that\nthe term ‘participating State’ is defined in section 16 for chapter 3.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Notes","content":"3 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Chapter 1\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"4 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\n","sortOrder":5},{"sectionNumber":"Part 1A","sectionType":"part","heading":"Ground rules hearings—","content":"Chapter 1A Ground rules hearings—\n4AA Definitions—ch 1A\nground rules hearing means a hearing for a witness in a criminal\nproceeding, where the court—\n(a) considers the communication, support or other needs of the\n(b) decides how the proceeding must be conducted to fairly and\neffectively meet those needs.\nwitness, in a criminal proceeding, includes the accused person in the\n4AB Direction to hold ground rules hearing\n(1) A court may, at any time, if satisfied that it is in the interests of justice,\ndirect that a ground rules hearing be held for a witness in a criminal\n(2) However, if an intermediary is appointed for a witness in a criminal\nproceeding, the court must direct that a ground rules hearing be held\nfor the witness.\n(3) The court may make a direction—\n(a) on its own initiative; or\n(b) on the application of—\n(i) the DPP; or\n(ii) the witness; or\n(iii) the accused person.\n(4) An application may be made orally or in writing.\n\nGround rules hearings—criminal proceedings Chapter 1A\n4AC Ground rules hearings—time limits\n(1) If a court directs that a ground rules hearing be held for a witness in\na criminal proceeding, the ground rules hearing must be held before\nthe witness gives evidence in the proceeding.\n(2) The court may extend the time for holding a ground rules hearing if\nthe court considers that it is in the interests of justice to do so.\n4AD Ground rules hearings—who must attend\n(1) The following people must attend a ground rules hearing for a witness\nin a criminal proceeding:\n(a) the DPP;\n(b) the lawyer representing the accused person or, if the accused\nperson is not represented by a lawyer in the proceeding, the\naccused person;\n(c) any intermediary appointed for the witness.\n(2) The witness is not required to attend a ground rules hearing.\n(3) If an intermediary is appointed for the witness, the court may make\nan order that the witness not attend a ground rules hearing.\n4AE Ground rules hearings—intermediary’s report\nIf an intermediary is appointed for a witness before a ground rules\nhearing is held for the witness, the intermediary must—\n(a) prepare a written report about the communication needs of the\n(b) give the report to the court before the ground rules hearing.\n\n4AF Ground rules hearings—directions\n(1) At a ground rules hearing for a witness in a criminal proceeding, the\ncourt may make any direction the court considers is in the interests of\njustice, including any of the following:\n(a) a direction about how a witness may be questioned;\n(b) a direction about how long a witness may be questioned;\n(c) a direction about the questions that may or may not be asked of\na witness;\n(d) if there is more than 1 accused—a direction about the allocation\namong the accused of the topics about which a witness may be\nasked;\n(e) a direction about the use of models, plans, body maps or other\naids to help communicate a question or an answer;\n(f) a direction about the use of a support animal by the witness;\n(g) a direction that if a party intends to give evidence that\ncontradicts or challenges the evidence of a witness or that\notherwise discredits a witness, the party is not obliged to put that\nevidence in its entirety to the witness in cross-examination.\n(2) If an intermediary’s report has been given to the court under\nsection 4AE, the court must consider the matters mentioned in the\nreport in making the direction.\n\nChapter 1B Witness intermediaries—\n4AG Definitions\n(1) In this Act:\nintermediary means a person—\n(a) on the intermediaries panel; or\n(b) on a panel (however described) with functions substantially\ncorresponding to the functions of the intermediaries panel, in the\nCommonwealth, a State, the United Kingdom or New Zealand.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\n(2) In this chapter:\nintermediaries administrator means the person prescribed by\nregulation as the intermediaries administrator.\nwitness, in a criminal proceeding, includes the defendant in the\n4AH Panel of witness intermediaries\nThe intermediaries administrator must establish and maintain a panel\nof people (the intermediaries panel) who have—\n(a) either—\n(i) a tertiary qualification in psychology, social work, speech\npathology or occupational therapy; or\n(ii) other qualifications, training, experience or skills\nprescribed by regulation; or\n(b) qualifications, training, experience or skills suitable to exercise\nthe functions mentioned in section 4AI.\n\nChapter 1B Witness intermediaries—criminal proceedings\n4AI Functions of witness intermediaries\n(1) The functions of an intermediary appointed for a witness are to—\n(a) prepare and provide reports about the witness’s communication\nneeds as required; and\n(b) at a hearing—\n(i) communicate to the witness questions put to the witness, to\nthe extent necessary for the witness to understand the\nquestions; and\n(ii) communicate to the person putting questions to the\nwitness, the witness’s answers to the questions, to the\nextent necessary for the person to understand the answers;\nand\n(iii) otherwise assist the court, and any lawyer appearing in the\nproceeding, to communicate with the witness.\n(2) An intermediary appointed for a witness is an officer of the court and\nmust act impartially when assisting communication with the witness.\n4AJ Appointment of witness intermediary—generally\n(1) A court may appoint an intermediary in a criminal proceeding for a\nwitness with a communication difficulty—\n(a) on its own initiative; or\n(b) on the application of—\n(i) the DPP; or\n(ii) the witness; or\n(iii) the accused person.\nExample—communication difficulty\na mental or physical disability that impedes speech\n\n(2) A court must not appoint an intermediary for a witness under this\nsection if satisfied that the witness—\n(a) is aware of their right to make an application for an intermediary\nto be appointed; and\n(b) is able to, and wishes to, give evidence without the assistance of\nan intermediary.\n(3) In making a decision under this section, the court is not bound by the\nrules of evidence and may inform itself as it considers appropriate.\n4AK Appointment of witness intermediary—prescribed\nwitnesses\n(1) A court must appoint an intermediary in a criminal proceeding for a\nwitness prescribed by regulation.\n(2) However, the court need not appoint an intermediary for a witness\nunder this section if—\n(a) there is no-one available who—\n(i) meets the needs of the witness; and\n(ii) satisfies the requirements in section 4AL; or\n(b) it is not in the interests of justice to appoint an intermediary.\n(3) Also, the court must not appoint an intermediary for a witness under\nthis section if satisfied that the witness—\n(a) is aware of their right to an intermediary; and\n(b) is able to, and wishes to, give evidence without the assistance of\nan intermediary.\n(4) In making a decision under subsection (2) or (3), the court is not\nbound by the rules of evidence and may inform itself as it considers\n\nChapter 1B Witness intermediaries—criminal proceedings\n4AL Appointment of witness intermediary—suitability of the\nintermediary for the witness etc\n(1) A court may appoint an intermediary for a witness in a criminal\nproceeding only if—\n(a) the intermediaries administrator is satisfied the intermediary has\nqualifications, training, experience or skills suitable for the\n(b) if the intermediary is a designated person—the court is\nsatisfied—\n(i) there is no other suitable intermediary reasonably\n(ii) the appointment is in the interests of justice.\n(2) In making a decision under subsection (1), the court is not bound by\nthe rules of evidence and may inform itself as it considers appropriate.\ndesignated person, in relation to a criminal proceeding, means a\nperson who is—\n(a) a relative, friend or acquaintance of the witness or the accused\nperson; or\n(b) a person who has assisted the witness (other than as an\nintermediary) or the accused person in a professional capacity;\nor\n(c) a party or potential witness in the proceeding.\n\n4AM Witness to give evidence in presence of intermediary\n(1) If a court appoints an intermediary for a witness in a criminal\nproceeding, the witness must give their evidence in the presence of\nthe intermediary.\n(2) Evidence of a witness given in the presence of an intermediary must\nbe given in circumstances in which—\n(a) the court and any lawyer appearing in the proceeding are able\nto—\n(i) see and hear the witness giving evidence; and\n(ii) communicate with the intermediary; and\n(b) the jury (if any) is able to see and hear the witness giving\nevidence, including any assistance given by the intermediary.\nNote A person must take an oath or make an affirmation before acting as an\nintermediary in a proceeding (see Evidence Act 2011, s 22).\n(3) If the proceeding is a trial by jury, the court must tell the jury that—\n(a) a witness giving evidence in the presence of an intermediary is\na usual practice; and\nor give the evidence more or less weight, because the\nintermediary is present.\n(4) An order that the court be closed to the public does not stop an\nintermediary for a witness being in court while the witness gives\n4AN Relationship to other provisions of this Act\nThis part does not affect the operation of any other provision in this\nAct.\n\n","sortOrder":6},{"sectionNumber":"4A","sectionType":"section","heading":"Principles for dealing with child witnesses","content":"4A Principles for dealing with child witnesses\nThe following general principles apply when dealing with a child\nwitness in a proceeding:\n(a) the child must be treated with dignity, respect and compassion;\n(b) measures should be taken to limit, to the greatest practical\nextent, the distress and trauma suffered by the child when giving\nevidence;\n(c) the child should not be intimidated in cross-examination;\n(d) the proceeding should be resolved as quickly as possible.\n\n","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"2 Evidence of children—","content":"Part 2.2 Evidence of children—\naudiovisual links\n","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Definitions—pt 2.2","content":"5 Definitions—pt 2.2\ncourt means—\n(a) the Supreme Court; or\n(b) the Magistrates Court; or\n(c) the Coroner’s Court.\nMagistrates Court includes—\n(a) the Childrens Court; and\n(b) the Industrial Court.\nproceeding means a proceeding to which this part applies.\n","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of give evidence in a proceeding by audiovisual","content":"6 Meaning of give evidence in a proceeding by audiovisual\nlink—pt 2.2\ngive evidence, in a proceeding by audiovisual link, means to give\nevidence in the proceeding by audiovisual link from an external place\nwhich is linked to the courtroom by an audiovisual link.\n","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Sworn or unsworn evidence","content":"7 Sworn or unsworn evidence\nFor this part, it does not matter whether evidence is to be, or is being,\ngiven on oath or otherwise.\n\n","sortOrder":11},{"sectionNumber":"8","sectionType":"section","heading":"Proceedings to which pt 2.2 applies","content":"8 Proceedings to which pt 2.2 applies\nThis part applies to—\n(a) a proceeding in the Supreme Court—\n(i) for a trial on indictment in relation to the alleged\ncommission of an offence against a law in force in the\nACT; or\n(ii) for the passing of sentence in relation to the commission of\nan offence against a law in force in the ACT; or\n(iii) by way of an appeal from a conviction, order, sentence or\nother decision of the Magistrates Court in a proceeding in\nrelation to which this part applies; or\n(b) a proceeding in the Magistrates Court on an information in\nrelation to the alleged commission, or commission, of an offence\nagainst a law in force in the ACT; or\n(c) a proceeding under the Family Violence Act 2016; or\n(d) a proceeding under the care and protection chapters of the\nChildren and Young People Act 2008; or\n(e) a proceeding by way of an inquest or inquiry in the Coroner’s\nCourt.\n","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Child giving evidence by audiovisual link","content":"9 Child giving evidence by audiovisual link\n(a) a child is to give evidence in a proceeding; and\n(b) the proceeding is to be heard in a courtroom; and\n(c) the courtroom and an external place are linked by an audiovisual\nlink.\n(2) The child’s evidence must be given by audiovisual link unless the\ncourt otherwise orders.\n\n(3) However, the evidence of a child who is an accused person in a\nproceeding is not to be given by audiovisual link.\n(4) The court may make an order under subsection (2) only if satisfied\n(a) the child prefers to give evidence in the courtroom; or\n(i) the proceeding may be unreasonably delayed; or\n(5) While the child is at the external place to give evidence, the place is\ntaken to be part of the courtroom.\n","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Representation of child","content":"10 Representation of child\n(a) a child is to give evidence in a proceeding by audiovisual link;\nand\n(b) the child is not separately represented by someone else; and\n(c) the court considers that the child should be separately\nrepresented by someone else.\n(2) The court may—\n(a) order that the child be separately represented by someone else;\nand\n(b) make any other order it considers necessary to arrange the\nseparate representation.\n","sortOrder":14},{"sectionNumber":"11","sectionType":"section","heading":"Consequential orders—pt 2.2","content":"11 Consequential orders—pt 2.2\n(1) This section applies if a child is to give evidence in a proceeding by\n\n(2) The court may make any order it considers appropriate––\n(a) to ensure that the proceeding is conducted fairly; or\n(b) to allow the child to identify a person or thing; or\n(c) to allow the child to take part in a view or to watch a\ndemonstration or experiment; or\n(d) to allow part of the proceeding to be heard somewhere other than\nin the courtroom.\n(3) The court may make any other order it considers appropriate,\nincluding, for example, an order stating––\n(a) who may be with the child at the external place; or\n(b) who must not be with the child at the external place; or\n(c) who, in the courtroom, is to be able, or must not be able, to be\nheard, or seen and heard, by the child and people in the external\nplace with the child; or\n(d) who, in the courtroom, is to be able to see and hear the child and\nanyone else in the external place with the child; or\n(e) how the audiovisual link is to operate.\n(4) The court may order that a person be excluded from the external place\nwhile the child is giving evidence.\n(5) The court may direct that an order under this section apply only to a\nparticular part of the proceeding.\n","sortOrder":15},{"sectionNumber":"12","sectionType":"section","heading":"Making of orders—pt 2.2","content":"12 Making of orders—pt 2.2\n(1) The court may make an order under this part in a proceeding on its\nown initiative or on the application of—\n(a) a party to the proceeding; or\n(b) the child or a person acting on the child’s behalf; or\n\n(c) the child’s parent or guardian.\n(2) For the purpose of making an order under this part, the court is not\nbound by the rules of evidence and may inform itself as it considers\n","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Jury warning about inferences from child giving evidence","content":"13 Jury warning about inferences from child giving evidence\nby audiovisual link\n(a) a child gives evidence in a proceeding by audiovisual link; and\n(b) the proceeding is before a jury.\n(2) The judge must warn the jury to the effect that the jury should not\ndraw any inference against an accused person in the proceeding from\nthe fact that the child’s evidence is given by audiovisual link.\n","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Failure to comply with pt 2.2","content":"14 Failure to comply with pt 2.2\n(1) If the evidence of a child is not given in accordance with this part, the\nevidence is not inadmissible for that reason only.\n(2) Failure to comply with this part in relation to a proceeding does not\naffect the validity of the proceeding.\n","sortOrder":18},{"sectionNumber":"15","sectionType":"section","heading":"Child turns 18 during proceeding","content":"15 Child turns 18 during proceeding\nIf a child is to give evidence in a proceeding and the child turns\n18 years old before the proceeding is finally disposed of, this part\ncontinues to apply to the person for the proceeding.\n\n","sortOrder":19},{"sectionNumber":"Part 3","sectionType":"part","heading":"Use of audiovisual links and","content":"Chapter 3 Use of audiovisual links and\naudio links\n16 Definitions—ch 3\n(1) In this chapter:\naudio link means a system of 2-way communication linking different\nplaces so that a person speaking at any of them can be heard at the\nother places.\nparticipating State means another State where provisions of an Act\nin terms substantially corresponding to this chapter are in force.\nrecognised court means a court or tribunal of a participating State\nthat is authorised by the provision of an Act of the State in terms\nsubstantially corresponding to this chapter to direct that evidence be\ntaken or a submission made by audiovisual link or audio link from\nthe ACT.\nState includes Territory.\nterritory court means—\n(a) a court constituted under a territory law; or\n(b) a royal commission under the Royal Commissions Act 1991; or\n(c) a judicial commission under the Judicial Commissions\nAct 1994; or\n(d) a tribunal of the Territory; or\n(e) an arbitral tribunal conducting a proceeding under the\nCommercial Arbitration Act 2017; or\n(f) the sentence administration board; or\n\nPreliminary—ch 3 Part 3.1\n(g) a presiding officer under the Corrections Management\nAct 2007, chapter 11 (Disciplinary inquiries); or\n(h) a review officer under the Children and Young People Act 2008,\nchapter 9 (Criminal matters—conduct of disciplinary reviews).\ntribunal, in relation to a State, means an entity authorised under the\nlaw of the State to take evidence on oath.\narbitral tribunal—see the Commercial Arbitration Act 2017,\n","sortOrder":20},{"sectionNumber":"17","sectionType":"section","heading":"Application—ch 3","content":"17 Application—ch 3\nThis chapter applies in relation to all proceedings, including—\n(a) proceedings pending at the commencement of this chapter; and\n(b) proceedings started after the commencement of this chapter that\narise from circumstances, matters or events that arose or\nhappened before that commencement.\n","sortOrder":21},{"sectionNumber":"18","sectionType":"section","heading":"Operation of other Acts","content":"18 Operation of other Acts\n(1) This chapter is not intended to exclude or limit the operation of any\nterritory law that makes provision for the taking of evidence or\nmaking of a submission in an external place for a proceeding in the\nACT.\nexternal place means a place within or outside the ACT but within\nAustralia that is outside the courtroom or other place where the court\nis sitting.\n\nPart 3.2 Use of audiovisual links or audio links with participating States in ACT\nPart 3.2 Use of audiovisual links or audio\nlinks with participating States in\nACT proceedings\n","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Application—pt 3.2","content":"19 Application—pt 3.2\nNote Proceeding—see the Legislation Act, dictionary, pt 1.\n","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Territory courts may take evidence and submissions from","content":"20 Territory courts may take evidence and submissions from\n(1) A territory court may, on the application of a party to a proceeding\nbefore the court or on its own initiative, direct that evidence be taken\nor a submission made by audiovisual link or audio link, from a\nparticipating State.\n(2) The court may make the direction only if satisfied that—\n(a) the necessary facilities are available or can reasonably be made\n(b) the evidence or submission can more conveniently be given or\nmade from the participating State; and\n(c) the making of the direction is not unfair to a party opposing the\nmaking of the direction.\n(3) The court may exercise in the participating State, in relation to taking\nevidence or receiving a submission by audiovisual link or audio link,\nany of its powers that the court is permitted, under the law of the\nparticipating State, to exercise in the participating State.\n(4) The court may at any time amend or revoke a direction under this\npart, either on the application of a party to the proceeding or on its\nown initiative.\n\nPart 3.2\n","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Legal practitioners entitled to practise","content":"21 Legal practitioners entitled to practise\nA person who is entitled to practise as a legal practitioner in a\nparticipating State is entitled to practise as a legal practitioner—\n(a) in relation to the examination in chief, cross-examination or re-\nexamination of a witness in the participating State whose\nevidence is being given by audiovisual link or audio link in a\nproceeding before a territory court; and\n(b) in relation to the making of a submission by audiovisual link or\naudio link from the participating State in a proceeding before a\nterritory court.\n\nPart 3.3 Use of interstate audiovisual links or audio links in proceedings in\nPart 3.3 Use of interstate audiovisual\nlinks or audio links in\nproceedings in participating\nStates\n","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Application—pt 3.3","content":"22 Application—pt 3.3\nThis part applies to any proceeding before a recognised court.\n","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Recognised courts may take evidence or receive","content":"23 Recognised courts may take evidence or receive\nsubmissions from people in ACT\nA recognised court may, for a proceeding before it, take evidence or\nreceive a submission by audiovisual link or audio link from a person\nin the ACT.\n","sortOrder":27},{"sectionNumber":"24","sectionType":"section","heading":"Powers of recognised courts","content":"24 Powers of recognised courts\n(1) The recognised court may, for the proceeding, exercise in the ACT,\nin relation to taking evidence or receiving a submission by\naudiovisual link or audio link, any of its powers except its powers—\n(a) to punish for contempt; and\n(b) to enforce or execute its judgments or process.\n(2) The laws of the participating State (including rules of court) that\napply to the proceeding in that State also apply, by operation of this\nsubsection, to the practice and procedure of the recognised court in\ntaking evidence or receiving a submission by audiovisual link or\naudio link from a person in the ACT.\n(3) For the exercise by the recognised court of its powers, the place in the\nACT where evidence is given or a submission is made is taken to be\npart of the court.\n\nPart 3.3\n","sortOrder":28},{"sectionNumber":"25","sectionType":"section","heading":"Orders made by recognised court","content":"25 Orders made by recognised court\nWithout limiting section 24, the recognised court may, by order—\n(a) direct that the proceeding, or a part of the proceeding, be\nconducted in private; or\n(b) require a person to leave a place in the ACT where the giving of\nevidence or the making of a submission is taking place or is\ngoing to take place; or\n(c) prohibit or restrict the publication of evidence given in the\nproceeding or of the name of a party to, or a witness in, the\n","sortOrder":29},{"sectionNumber":"26","sectionType":"section","heading":"Enforcement of order","content":"26 Enforcement of order\n(1) Subject to rules of court, an order under section 25 may be enforced\nby the Supreme Court as if the order were an order of that court.\n(2) Without limiting subsection (1), a person who contravenes the\norder—\n(a) is taken to be in contempt of the Supreme Court; and\n(b) is punishable accordingly;\nunless the person establishes that the contravention should be\nexcused.\n","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Privileges, protection and immunity of participants in","content":"27 Privileges, protection and immunity of participants in\nproceedings in courts of participating States\n(1) A judge or other person presiding at or otherwise taking part in a\nproceeding before a recognised court has, in relation to evidence\nbeing taken or a submission being received by audiovisual link or\naudio link from a person in the ACT, the same privileges, protection\nand immunity as a judge of the Supreme Court.\n\nPart 3.3 Use of interstate audiovisual links or audio links in proceedings in\n(2) A person appearing as a legal practitioner in a proceeding before a\nrecognised court has, in relation to evidence being taken or a\nsubmission being received by audiovisual link or audio link from a\nperson in the ACT, the same protection and immunity as a barrister\nhas in appearing for a party in a proceeding before the Supreme Court.\n(3) A person appearing as a witness in a proceeding before a recognised\ncourt by audiovisual link or audio link from the ACT has the same\nprotection as a witness in a proceeding before the Supreme Court.\n","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Recognised court may administer oath in ACT","content":"28 Recognised court may administer oath in ACT\n(1) A recognised court may, for the purpose of obtaining in a proceeding,\nby audiovisual link or audio link, the testimony of a person in the\nACT, administer an oath in accordance with the practice and\nprocedure of the recognised court.\n(2) A proceeding in which evidence is given on oath administered under\nsubsection (1) is a legal proceeding for the Criminal Code, chapter 7\n(Administration of justice offences).\nNote That chapter includes offences (eg perjury, falsifying evidence, failing to\nattend and refusing to be sworn) applying in relation to tribunal\nproceedings.\n","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Assistance to recognised court","content":"29 Assistance to recognised court\nAn officer of a territory court may, at the request of a recognised\ncourt—\n(a) attend at the place in the ACT where evidence is to be or is being\ntaken, or a submission is to be or is being made, in the\nproceeding; and\n(b) take the action that the recognised court directs to facilitate the\nproceeding; and\n(c) assist with the administering by the recognised court of an oath.\n\nUse of audiovisual links or audio links with other places in ACT\nPart 3.4\nPart 3.4 Use of audiovisual links or audio\nlinks with other places in ACT\n31 Application—pt 3.4\n32 Territory courts may take evidence and submissions from\nanother place\n(1) Subject to any Act or rules of court, a territory court may, on the\napplication of a party to a proceeding before it or on its own initiative,\ndirect that a person, whether or not a party to the proceeding, appear\nbefore, or give evidence or make a submission to, the court by\naudiovisual link or audio link from—\n(a) a place in the ACT that is outside the courtroom or other place\nwhere the court is sitting; or\n(b) a place outside the ACT but within Australia; or\nNote If the place is a participating jurisdiction, a territory court may\nmake a direction (on application or on its own initiative) under\npt 3.2 (Use of audiovisual links or audio links with participating\nStates in ACT proceedings).\n(c) a place outside Australia (other than New Zealand).\nNote The Trans-Tasman Proceedings Act 2010 (Cwlth), pt 6, div 2\n(Remote appearances from New Zealand in Australian\nproceedings) and the Court Procedures Rules 2006,\ndiv 6.10A.4 (Trans-Tasman proceedings—remote appearances)\napply to remote appearances from New Zealand in an ACT\n\nPart 3.4 Use of audiovisual links or audio links with other places in ACT\n(2) The court may make the direction only if satisfied that—\n(a) the necessary facilities are available or can reasonably be made\n(b) it is in the interests of the administration of justice to make the\ndirection.\n(3) In considering whether it is in the interests of the administration of\njustice to make the direction, the court may consider—\n(a) whether the evidence or submission can more conveniently be\ngiven or made from the place; and\n(b) whether the making of the direction is unfair to any party\nopposing the making of the direction; and\n(c) whether the making of the direction could support court\nefficiency by reducing costs or delay to the proceeding; and\n(d) anything else that the court considers appropriate.\n(4) The court may at any time amend or revoke a direction made under\nthis part, either on the application of a party to the proceeding or its\nown initiative.\n\nPart 3.5\nPart 3.5 Protection of certain\ncommunications and documents\nin criminal proceedings\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Application—pt 3.5","content":"33 Application—pt 3.5\nThis part applies to a communication made, and a document\ntransmitted, by audiovisual link or audio link between an accused\nperson and his or her legal representative during the course of a\nproceeding in relation to which, or to a part of which, an audiovisual\nor audio link has been used under this chapter or a provision of\nanother territory law.\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Protection of confidentiality","content":"34 Protection of confidentiality\nWithout limiting any other protection that applies to it, a\ncommunication or document to which this part applies is as\nconfidential and inadmissible in any proceeding as it would be if it\nhad been made or produced while the accused person and his or her\nlegal representative were in each other’s presence.\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Application of Listening Devices Act","content":"35 Application of Listening Devices Act\nThe Listening Devices Act 1992 applies to a communication or\ndocument to which this part applies as if—\n(a) for a communication—the communication were a private\nconversation within the meaning of that Act to which the parties\nwere the accused person and his or her legal representative; and\n\nPart 3.5 Protection of certain communications and documents in criminal\n(b) for a document—\n(i) any data, text or visual images in the transmitted document\nwere words spoken to or by a person in a private\nconversation within the meaning of that Act to which the\nparties were the accused person and his or her legal\nrepresentative; and\n(ii) a reference in that Act to the use of a listening device to\noverhear, record, monitor or listen to a private conversation\nincluded a reference to reading the document.\n\nGeneral matters Part 3.6\n","sortOrder":36},{"sectionNumber":"35A","sectionType":"section","heading":"Application—pt 3.6","content":"35A Application—pt 3.6\nNote The Trans-Tasman Proceedings Act 2010 (Cwlth), pt 6, div 2 (Remote\nappearances from New Zealand in Australian proceedings) and the Court\nProcedures Rules 2006, div 6.10A.4 (Trans-Tasman proceedings—\nremote appearances) apply to remote appearances from New Zealand in\na proceeding in an Australian court or a prescribed Australian tribunal.\n","sortOrder":37},{"sectionNumber":"35B","sectionType":"section","heading":"Administration of oaths and affirmations by audiovisual","content":"35B Administration of oaths and affirmations by audiovisual\nor audio link\n(1) An oath to be sworn, or an affirmation to be made, by a person (the\nremote person) who is to give evidence by audiovisual link or audio\nlink may be administered—\n(a) by audiovisual link or audio link, in a way that, as nearly as\npracticable, corresponds to the way in which the oath or\naffirmation would be administered if the remote person were to\ngive evidence in the courtroom or other place where a territory\ncourt is sitting; or\n(b) if the territory court allows another person who is present at the\nplace where the remote person is located to administer the oath\nor affirmation—by the other person.\n\n(2) However, a person giving evidence by audiovisual link or audio link\nfrom a place outside Australia is not required to give the evidence on\noath or affirmation if—\n(a) the law in force in that place—\n(i) does not permit the person to give evidence on oath or\naffirmation for the purposes of the proceeding; or\n(ii) would make it inconvenient for the person to give evidence\non oath or affirmation for the purposes of the proceeding;\nand\n(b) the territory court is satisfied that it is appropriate for the\nevidence to be given otherwise than on oath or affirmation.\n(3) Subsection (2) applies despite anything to the contrary in the\nEvidence Act 2011 or any other territory law.\n","sortOrder":38},{"sectionNumber":"35C","sectionType":"section","heading":"Putting documents to person by audiovisual or audio link","content":"35C Putting documents to person by audiovisual or audio link\n(1) This section applies if, in the course of an examination or appearance\nof a person by audiovisual link or audio link, it is necessary to put a\ndocument to the person.\n(2) The territory court may direct or allow the document to be put to the\nperson in any way that the court considers appropriate.\n","sortOrder":39},{"sectionNumber":"35D","sectionType":"section","heading":"Premises to be considered part of territory court","content":"35D Premises to be considered part of territory court\n(1) This section applies to any place within or outside the ACT where\naudiovisual link or audio link facilities are being used for a person to\ngive evidence or make a submission in any proceeding.\n(2) The place is taken, for all purposes, to be part of the territory court\nthat is sitting at a courtroom or other place to conduct the proceeding.\n\nGeneral matters Part 3.6\n(3) To remove any doubt, a law relating to evidence, procedure, contempt\nof court, perjury or otherwise relating to the administration of justice\nwill apply in relation to the place in the same way it applies in relation\nto the courtroom or other place.\n• Court Procedures Act 2004\n• Court Procedures Rules 2006\n• Criminal Code, ch 7\n• Evidence Act 2011\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Power to order payment of costs","content":"36 Power to order payment of costs\nA territory court that directs evidence to be taken, or a submission to\nbe made, by audiovisual link or audio link under section 20 (1)\n(Territory courts may take evidence and submissions from\nparticipating States) or section 32 (1) (Territory courts may take\nevidence and submissions from another place) may make the orders\nit considers just for the payment of the costs and expenses incurred in\nrelation to taking the evidence or making the submission, including\nany amounts prescribed by regulation.\n\n","sortOrder":41},{"sectionNumber":"Part 4","sectionType":"part","heading":"Sexual, violent and family","content":"Chapter 4 Sexual, violent and family\nviolence offence proceedings\n","sortOrder":42},{"sectionNumber":"37","sectionType":"section","heading":"Meaning of proceeding—pt 4.1","content":"37 Meaning of proceeding—pt 4.1\nproceeding, for an offence, includes the following in relation to the\noffence:\n(a) a trial, including a re-trial;\n(b) a hearing, including a pre-trial hearing and ground rules hearing;\n(c) a committal hearing;\n(d) a proceeding in relation to bail;\n(e) an interlocutory proceeding;\n(f) a sentencing proceeding;\n(g) an appeal or other review.\n","sortOrder":43},{"sectionNumber":"38","sectionType":"section","heading":"Meaning of family violence offence proceeding—ch 4","content":"38 Meaning of family violence offence proceeding—ch 4\nfamily violence offence proceeding means a proceeding for a family\nviolence offence.\n","sortOrder":44},{"sectionNumber":"38A","sectionType":"section","heading":"Meaning of family violence offence—ch 4","content":"38A Meaning of family violence offence—ch 4\nfamily violence offence—see the Family Violence Act 2016,\n\nKinds of proceedings Part 4.1\n","sortOrder":45},{"sectionNumber":"39","sectionType":"section","heading":"Meaning of less serious violent offence proceeding—ch 4","content":"39 Meaning of less serious violent offence proceeding—ch 4\nless serious violent offence proceeding means—\n(a) a proceeding for an offence against any of the following\nprovisions of the Crimes Act 1900:\n(i) section 21 (1) (Wounding);\n(ii) section 22 (Assault with intent to commit other offence);\n(iii) section 23 (1) (Inflicting actual bodily harm);\n(iv) section 24 (1) (Assault occasioning actual bodily harm);\n(v) section 25 (Causing grievous bodily harm);\n(vi) section 26 (Common assault);\n(vii) section 28 (Acts endangering health etc);\n(viii) section 29 (4) and (5) (Culpable driving of motor vehicle);\n(ix) section 31 (Threat to inflict grievous bodily harm);\n(x) section 37 (Abduction of young person);\n(xi) section 41 (Exposing or abandoning child);\n(xii) section 116 (Destroying or damaging property); or\n(b) a proceeding for an offence against the Criminal Code,\nsection 403 (Damaging property); or\n(c) a proceeding for an offence against the Personal Violence\nAct 2016, section 35 (Offence—contravention of protection\norder).\n\n","sortOrder":46},{"sectionNumber":"40","sectionType":"section","heading":"Meaning of serious violent offence proceeding—ch 4","content":"40 Meaning of serious violent offence proceeding—ch 4\nserious violent offence proceeding means—\n(a) a proceeding for an offence against any of the following\nprovisions of the Crimes Act 1900:\n(i) section 12 (Murder);\n(ii) section 15 (Manslaughter);\n(iii) section 19 (Intentionally inflicting grievous bodily harm);\n(iv) section 20 (Recklessly inflicting grievous bodily harm);\n(v) section 21 (2) (Wounding);\n(vi) section 23 (2) (Inflicting actual bodily harm);\n(vii) section 24 (2) (Assault occasioning actual bodily harm);\n(viii) section 27 (Acts endangering life etc);\n(ix) section 29 (2) and (3) (Culpable driving of motor vehicle);\n(x) section 30 (Threat to kill);\n(xi) section 32 (Demands accompanied by threats);\n(xii) section 34 (Forcible confinement);\n(xiii) section 35 (Stalking);\n(xiv) section 36 (Torture);\n(xv) section 38 (Kidnapping);\n(xvi) section 40 (Unlawfully taking child etc);\n(xvii) section 42 (Child destruction);\n(xviii) section 43 (Childbirth—grievous bodily harm); or\n\nKinds of proceedings Part 4.1\n(b) a proceeding for an offence against any of the following\nprovisions of the Criminal Code:\n(i) section 309 (Robbery);\n(ii) section 310 (Aggravated robbery);\n(iii) section 311 (Burglary) if the complainant was in the\nbuilding at the time of the offence;\n(iv) section 312 (Aggravated burglary) if the complainant was\nin the building at the time of the offence.\n","sortOrder":47},{"sectionNumber":"41","sectionType":"section","heading":"Meaning of sexual offence proceeding—ch 4","content":"41 Meaning of sexual offence proceeding—ch 4\nsexual offence proceeding means—\n(a) a proceeding for an offence (a sexual offence) against any of the\nfollowing provisions of the Crimes Act 1900:\n(i) part 3 (Sexual offences);\n(ii) part 4 (Female genital mutilation);\n(iii) part 5 (Sexual servitude); or\n(b) a proceeding for an offence against the Family Violence\nAct 2016, section 43 (Offence—contravention of family\nviolence order) if the family violence order was made because\nof a sexual offence, or an alleged sexual offence, against the\nperson protected under the order; or\n(c) a proceeding for an offence against the Personal Violence\nAct 2016, section 35 (Offence—contravention of protection\norder) if the protection order was made because of a sexual\noffence, or an alleged sexual offence, against the person\nprotected under the order; or\n\n(d) a proceeding for an offence against any of the following\nprovisions of the Work Health and Safety Act 2011 if the offence\ninvolves a suspected or alleged sexual assault or any other act of\na sexually offensive, intimidating or humiliating nature:\n(i) section 31 (Negligence or reckless conduct—category 1);\n(ii) section 32 (Failure to comply with health and safety\nduty—category 2);\n(iii) section 33 (Failure to comply with health and safety\nduty—category 3); or\n(e) a proceeding for an offence against the Work Health and Safety\nAct 2011, section 38 (1) if the notifiable incident involves a\nsexual assault incident, within the meaning of that Act,\nsection 37A.\n","sortOrder":48},{"sectionNumber":"41A","sectionType":"section","heading":"References to accused people—sexual offence","content":"41A References to accused people—sexual offence\nproceedings under Work Health and Safety Act 2011\n(1) This section applies to a proceeding mentioned in section 41,\ndefinition of sexual offence proceeding, paragraph (d) or (e).\n(2) A reference to an accused person in the following provisions includes\na person who is suspected or alleged to have committed the sexual\nassault or other act of a sexually offensive, intimidating or\nhumiliating nature to which the proceeding relates:\n(a) section 47 (1);\n(b) section 60 (6) (a) and (b);\n(c) section 68 (5) (a) and (b);\n(d) section 76 (2);\n(e) section 80C.\n\nPart 4.2 What special requirements apply\nto particular proceedings\n","sortOrder":49},{"sectionNumber":"42","sectionType":"section","heading":"Definitions—pt 4.2","content":"42 Definitions—pt 4.2\nchild, in a proceeding, means a witness (including a complainant or\nsimilar act witness) who was a child—\n(a) at the time the proceeding started; or\n(b) if the witness gives evidence in an audiovisual recording—at the\ntime the recording was made; or\n(c) for a complainant in a sexual offence proceeding—at the time of\nthe offence the subject of the proceeding.\ncomplainant, in relation to a proceeding for an offence—\n(a) means a person—\n(i) against whom the offence is alleged, or has been found, to\nbe committed; and\n(ii) for a family violence offence proceeding—who is also a\nfamily member of the accused person; and\n(b) for a sexual offence proceeding for an offence against the Work\nHealth and Safety Act 2011—includes a person against whom a\nsexual assault or an act of a sexually offensive, intimidating or\nhumiliating nature is suspected or alleged, or has been found, to\nhave been committed.\nfamily member—see the Family Violence Act 2016, section 9.\nintellectually impaired—a person is intellectually impaired if the\nperson has—\n(a) an appreciably below average general intellectual function; or\n\n(b) a cognitive impairment (including dementia or autism) arising\nfrom an acquired brain injury, neurological disorder or a\ndevelopmental disorder; or\n(c) any other intellectual disability.\nsimilar act witness means a witness in a proceeding for an offence\nwho gives, or intends to give, evidence in the proceeding that—\n(a) relates to an act committed on, or in the presence of, the witness\nby the accused; and\n(b) is tendency evidence or coincidence evidence under the\nEvidence Act 2011.\nspecial relationship witness means—\n(a) in a sexual offence proceeding involving a child complainant—\na witness who—\n(i) is a close family member of the complainant; or\n(ii) the court considers—\n(A) has a beneficial supporting relationship with the\ncomplainant in the proceeding; and\n(B) will be able to provide emotional support for the\ncomplainant after the proceeding; or\n(b) in a serious violent offence proceeding involving the death of a\nperson—a witness who is a close friend or family member of the\nperson.\nvulnerable adult means an adult complainant, or similar act witness,\nin a proceeding for an offence who the court considers—\n(a) has a vulnerability that is likely to affect the complainant’s or\nwitness’s ability to give evidence because of the circumstances\nof the proceeding or the complainant’s or witness’s\ncircumstances; or\n\n(b) is likely to suffer severe emotional trauma, or be intimidated or\ndistressed, by giving evidence in the proceeding otherwise than\nin accordance with this part; or\n(c) needs to give evidence as soon as practicable because the\ncomplainant or witness is likely to suffer severe emotional\ntrauma, or be intimidated or distressed.\nwitness with disability means a witness in a proceeding for an offence\nwho has a mental or physical disability that affects the person’s ability\nto give evidence.\n","sortOrder":50},{"sectionNumber":"43","sectionType":"section","heading":"Special requirements—particular proceedings","content":"43 Special requirements—particular proceedings\nA provision mentioned in column 3 of a table in this section, for a\nparticular proceeding, applies to the kind of witness mentioned in\ncolumn 2 of the table for the proceeding.\nNote 1 An intellectually impaired witness may also be a witness with disability\nif the witness’s impairment affects the witness’s ability to give evidence\n(see s 42, def witness with disability).\nNote 2 Section 101 (Child or witness with disability may have support person in\ncourt) also applies to a child or witness with disability in other\nproceedings.\nNote 3 The court may also appoint an intermediary for a witness (see s 4AJ and\ns 4AK).\n\nTable 43.1 Family violence offence proceeding\nitem\n• for a complainant who is intellectually impaired—\ndiv 4.3.3 (Special requirements—audiovisual\n• div 4.3.5 (Giving evidence by audiovisual link) other\nthan s 69 (Recording evidence given by audiovisual\nlink or in courtroom)\n• div 4.4.3 (Sexual and family violence offence\nproceedings—protection of counselling\ncommunications)\n• for a complainant who is not intellectually impaired\nor a child on the day recorded evidence is taken—\npt 4.5 (Special requirements—family violence\noffence proceedings)\n• div 4.3.5 (Giving evidence by audiovisual link) other\nthan s 69 (Recording evidence given by audiovisual\nlink or in courtroom)\n\nTable 43.2 Less serious violent offence proceeding\nitem\n1 complainant • for a vulnerable adult—div 4.3.2 (Special\nrequirements—general)\n• for a vulnerable adult—div 4.3.5 (Giving evidence\nby audiovisual link) other than s 69 (Recording\nevidence given by audiovisual link or in courtroom)\n2 similar act witness • for a vulnerable adult—div 4.3.2 (Special\nrequirements—general)\n• for a vulnerable adult—div 4.3.5 (Giving evidence\nby audiovisual link) other than s 69 (Recording\nevidence given by audiovisual link or in courtroom)\nTable 43.3 Serious violent offence proceeding\nitem\n\nitem\n• for a proceeding involving the death of a close friend\nor family member of the witness—div 4.3.4 (Giving\nevidence at pre-trial hearing)\n6 special relationship\n• s 48 (No examination of witness by self-represented\naccused person)\n\nTable 43.4 Sexual offence proceeding\nitem\n• for a vulnerable adult—div 4.3.4 (Giving evidence at\npre-trial hearing)\n• pt 4.4 (Special requirements—sexual offence\nproceedings)\n• for a vulnerable adult—div 4.3.4 (Giving evidence at\npre-trial hearing)\n• pt 4.4 (Special requirements—sexual offence\nproceedings)\n6 special relationship\n\n","sortOrder":51},{"sectionNumber":"44","sectionType":"section","heading":"Court may inform itself about particular witnesses","content":"44 Court may inform itself about particular witnesses\nIn deciding whether a person is a witness mentioned in this part, the\ncourt is not bound by the rules of evidence and may inform itself as\nit considers appropriate.\n","sortOrder":52},{"sectionNumber":"45","sectionType":"section","heading":"Failure to comply with ch 4","content":"45 Failure to comply with ch 4\n(1) If the evidence of a witness is not given in accordance with this\nchapter, the evidence is not inadmissible for that reason only.\n(2) Failure to comply with this chapter in relation to a proceeding does\nnot affect the validity of the proceeding.\n\nPreliminary—pt 4.3 Division 4.3.1\n","sortOrder":53},{"sectionNumber":"Div 4","sectionType":"division","heading":"3.1 Preliminary—pt 4.3","content":"Division 4.3.1 Preliminary—pt 4.3\n","sortOrder":54},{"sectionNumber":"46","sectionType":"section","heading":"Definitions—pt 4.3","content":"46 Definitions—pt 4.3\nrelevant proceeding, in a provision of this part, means a proceeding\nto which the provision applies under section 43.\nwitness, in a provision of this part, means a witness to whom the\nprovision applies under section 43.\n","sortOrder":55},{"sectionNumber":"47","sectionType":"section","heading":"Accused may be screened from witness in court","content":"47 Accused may be screened from witness in court\n(1) A court may order in a relevant proceeding that the courtroom be\narranged in a way that, while a witness is giving evidence, the witness\ncannot see—\n(a) the accused person; or\n(b) anyone else the court considers should be screened from the\nwitness.\n(2) However, the witness must be visible to—\n(a) the presiding judicial officer; and\n(b) if the proceeding is a trial by jury—the jury; and\n(c) the accused person; and\n(d) the accused person’s lawyer; and\n(e) if the court has ordered that a person should be screened from\nthe complainant or a similar act witness—the person; and\n(f) the prosecutor.\n\n","sortOrder":56},{"sectionNumber":"48","sectionType":"section","heading":"No examination of witness by self-represented accused","content":"48 No examination of witness by self-represented accused\nperson\n(1) A witness in a relevant proceeding must not be examined personally\nby the accused person but may be examined instead by—\n(a) the accused person’s legal representative; or\n(b) if the accused person does not have a legal representative—\na person appointed by the court.\n(2) If the accused person does not have a legal representative, the court\nmust, as soon as practicable, tell the person—\n(a) about the terms of subsection (1); and\n(b) that the person may not present evidence from another witness\nin relation to a fact in issue to contradict the evidence of the\nwitness in relation to the fact if the fact in the other witness’s\nevidence intended to contradict the witness’s evidence has not\nbeen put to the witness in cross-examination.\n(3) A person appointed by the court for subsection (1) (b) may ask the\nwitness only the questions that the accused person asks the person to\nput to the witness, and must not independently give the accused\nperson legal or other advice.\nNote If the court considers a question to be unduly annoying, harassing,\nintimidating etc, the court must disallow it or tell the witness that it need\nnot be answered (see Evidence Act 2011, s 41 (1) (Improper questions)).\n(4) If the accused person does not have a legal representative, the court\nmay, if it considers it is in the interests of justice, do 1 or more of the\nfollowing:\n(a) adjourn the relevant proceeding to enable the person to obtain a\nlegal representative to conduct the examination;\n(b) make—\n(i) an order that the person obtain legal representation; and\n\nSpecial requirements—general Division 4.3.2\n(ii) any other order the court considers necessary to secure\nlegal representation for the person.\n(5) If the relevant proceeding is a trial by jury, the court must tell the jury\n(a) the accused person may not examine the witness personally; and\n(b) obtaining, or being provided with, legal representation to\nexamine the witness, or having the accused person’s questions\nput to the witness by a person appointed by the court, is a usual\npractice; and\n(c) the jury must not draw any inference against the accused person,\nor give the evidence more or less weight, because the\nexamination is not conducted personally by the accused person.\n(6) In this section:\nexamine includes cross-examine and re-examine.\n","sortOrder":57},{"sectionNumber":"49","sectionType":"section","heading":"Witness may have support person in court","content":"49 Witness may have support person in court\n(1) A court must, in a relevant proceeding, on application by a party who\nintends to call a witness, order that the witness have a person\n(a support person) in the court close to the witness, and within the\nwitness’s sight, while the witness gives evidence.\n(2) The court may order that a witness have more than 1 support person\nif it considers it is in the interests of justice.\n(3) The support person must not—\n(a) speak for the witness during the relevant proceeding; or\n(b) otherwise interfere in the proceeding.\n(4) Unless the court otherwise orders, the support person must not be, or\nbe likely to be, a witness or party in the proceeding.\n\n(5) If the relevant proceeding is a trial by jury, the court must tell the jury\n(a) a witness having a support person in the court while giving\nevidence is a usual practice; and\nor give the evidence more or less weight, because the support\nperson is present.\n","sortOrder":58},{"sectionNumber":"50","sectionType":"section","heading":"Evidence to be given in closed court","content":"50 Evidence to be given in closed court\n(1) A court in a relevant proceeding may order that the court be closed to\nthe public while all or part of the witness’s evidence (including\nevidence given under cross-examination) is given.\nNote 1 Section 73 allows the court to close the court so that pre-trial evidence\ncan be given in sexual offence proceedings.\nNote 2 The accused is entitled to a fair and public hearing, but the court may\n(2) In deciding whether to order that the court be closed to the public, the\ncourt must consider whether—\n(a) the witness wants to give evidence in open court; and\n(b) it is in the interests of justice that the witness give evidence in\nopen court.\n(3) However, an order under this section does not stop the following\npeople from being in court while the witness gives evidence:\n(a) a person nominated by the witness;\n(b) a person who attends the relevant proceeding to prepare a news\nreport of the proceeding and is authorised to attend for that\npurpose by the person’s employer.\nNote Publishing certain information in relation to sexual offence\nproceedings is an offence (see s 74).\n\n(4) In this section, a reference to a person giving evidence in a relevant\nproceeding includes the person giving evidence by the playing of an\naudiovisual recording of the evidence in the proceeding under this\npart.\nDivision 4.3.3 Special requirements—audiovisual\nrecording of police interview\n","sortOrder":59},{"sectionNumber":"51","sectionType":"section","heading":"Meaning of audiovisual recording—div 4.3.3","content":"51 Meaning of audiovisual recording—div 4.3.3\n(1) For this division, an audiovisual recording is an audiovisual\nrecording that is of a witness in a relevant proceeding answering\nquestions of a prescribed person in relation to the investigation of an\noffence the subject of the proceeding.\n(2) The audiovisual recording must include the following:\n(a) the date when, and the place where, the recording was made;\n(b) the times when the recording started and ended;\n(c) the times when any break in questioning started and ended, and\nthe reason for the break;\n(d) the name of each person present during any part of the recording;\n(e) for each person present during any part of the recording—the\npart when the person was present.\n(3) The audiovisual recording must—\n(a) be certified by a prescribed person as an accurate record of the\nwitness answering the questions; and\n(b) not be edited or changed, unless the court hearing the relevant\nproceeding in which the recording is tendered otherwise orders.\nExample—court ordering change\nediting the recording to omit inadmissible material\n\nDivision 4.3.3 Special requirements—audiovisual recording of police interview\n","sortOrder":60},{"sectionNumber":"52","sectionType":"section","heading":"Police interview audiovisual recording may be admitted","content":"52 Police interview audiovisual recording may be admitted\nas evidence\n(1) An audiovisual recording may—\n(a) be played at the hearing of a relevant proceeding for the offence\nthe subject of the proceeding; and\n(b) if the recording is played at the hearing—be admitted as the\nwitness’s evidence in chief in the proceeding as if the witness\ngave the evidence at the hearing in person.\n(2) However, the court may refuse to admit all or any part of the\naudiovisual recording.\n(3) The witness must not be in the courtroom, or visible to anyone in the\ncourtroom by audiovisual link, while the audiovisual recording is\nplayed at the hearing.\n(4) This section is subject to section 56.\n","sortOrder":61},{"sectionNumber":"53","sectionType":"section","heading":"Police interview audiovisual recording—notice","content":"53 Police interview audiovisual recording—notice\n(1) This section applies if the prosecutor in a relevant proceeding intends\nto tender an audiovisual recording as evidence.\n(2) The prosecutor must give to the accused person or the person’s\nlawyer—\n(a) written notice that the prosecutor intends to tender the\naudiovisual recording; and\n(b) a copy of a transcript of the recording.\n(3) The notice must state the following:\n(a) each audiovisual recording the prosecutor intends to tender;\n\n(b) that the accused person and the person’s lawyer are entitled to\nsee and listen to each recording at a police station or somewhere\nelse decided by the chief police officer;\n(c) the person responsible (the responsible person) for arranging\naccess to each recording.\n(4) For subsection (3) (c), the notice must state the responsible person\nby—\n(a) naming the person; or\n(b) stating the occupant of a position prescribed by regulation.\n","sortOrder":62},{"sectionNumber":"54","sectionType":"section","heading":"Police interview audiovisual recording—notice for access","content":"54 Police interview audiovisual recording—notice for access\n(1) The accused person, or the person’s lawyer, must give written notice\nto the responsible person to have access to an audiovisual recording.\n(2) The notice must state the following:\n(a) the name of the accused person, and the person’s lawyer;\n(b) each audiovisual recording for which access is required.\n","sortOrder":63},{"sectionNumber":"55","sectionType":"section","heading":"Police interview audiovisual recording—access to","content":"55 Police interview audiovisual recording—access to\naccused person\n(1) This section applies if an accused person, or the person’s lawyer,\ngives notice under section 54 requesting access to an audiovisual\n(2) The responsible person must give the person who gave notice access\nto see and listen to the audiovisual recording as soon as practicable\nafter receiving the notice under section 54.\n(3) The person who gave notice may have access to an audiovisual\nrecording more than once.\n(4) The accused person, and the person’s lawyer, must not be given, or\ntake a copy of, an audiovisual recording.\n\nDivision 4.3.3 Special requirements—audiovisual recording of police interview\n","sortOrder":64},{"sectionNumber":"56","sectionType":"section","heading":"Police interview audiovisual recording—admissibility","content":"56 Police interview audiovisual recording—admissibility\n(1) An audiovisual recording is admissible in a relevant proceeding only\nif—\n(a) notice is given under section 53; and\n(b) a copy of a transcript of the recording is given to the accused\nperson, or the person’s lawyer, a reasonable time before the start\nof the hearing of the proceeding; and\n(c) the accused person, and the person’s lawyer, are given a\nreasonable opportunity to see and listen to the recording.\n(2) However, if the prosecutor fails to give notice under section 53 the\naudiovisual recording is admissible if—\n(a) a copy of a transcript of the recording is given to the accused\nperson, or the person’s lawyer, a reasonable time before the start\nof the hearing of the relevant proceeding; and\n(b) the accused person, and the person’s lawyer, are given a\nreasonable opportunity to see and listen to the recording; and\n(c) the court considers it is in the interests of justice to admit the\n(3) This section does not prevent the parties consenting to the admission\nin evidence of an audiovisual recording.\n","sortOrder":65},{"sectionNumber":"57","sectionType":"section","heading":"Police interview audiovisual recording—jury trial","content":"57 Police interview audiovisual recording—jury trial\n(a) a relevant proceeding is a trial by jury; and\n(b) an audiovisual recording is admitted in evidence in the\n\n(a) admission of the audiovisual recording is a usual practice; and\nis given in that way.\n(3) If the court considers that a transcript of the audiovisual recording\nwould be likely to help the jury’s understanding of the evidence, the\ncourt may order that the transcript be made available to the jury.\n","sortOrder":66},{"sectionNumber":"58","sectionType":"section","heading":"Transcript of police interview audiovisual recording—","content":"58 Transcript of police interview audiovisual recording—\naccess to court\nIf an audiovisual recording is admitted in evidence in a relevant\nproceeding, the court may order that a transcript of the recording be\nmade available to the court.\n","sortOrder":67},{"sectionNumber":"59","sectionType":"section","heading":"Police interview audiovisual recording—offences","content":"59 Police interview audiovisual recording—offences\n(1) A person commits an offence if the person, without authority—\n(a) possesses an audiovisual recording; or\n(b) supplies, or offers to supply, an audiovisual recording to another\nperson; or\n(c) plays, copies or erases, or allows someone else to play, copy or\nerase, an audiovisual recording.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\n(2) For this section, a person has authority in relation to an audiovisual\nrecording only if the person possesses the recording, or does\nsomething with the recording, in connection with—\n(a) the investigation of, or a proceeding for, an offence in relation\nto which the recording is prepared; or\n\n(b) a re-hearing, re-trial or appeal in relation to the proceeding; or\n(c) another proceeding in which the recording is or may be admitted\nin evidence under section 56.\n","sortOrder":68},{"sectionNumber":"60","sectionType":"section","heading":"Witness may give evidence at pre-trial hearing","content":"60 Witness may give evidence at pre-trial hearing\n(1) A witness in a relevant proceeding may give evidence at a pre-trial\nhearing.\n(2) The evidence must be given by audiovisual link from an external\nplace that is linked to the courtroom by an audiovisual link.\n(3) However, the witness’s evidence in chief given at a pre-trial hearing\nmay include an audiovisual recording under division 4.3.3 (Special\nrequirements—audiovisual recording of police interview).\n(4) If an audiovisual recording under division 4.3.3 is played at the\npre-trial hearing, the witness must not be visible to anyone in the\ncourtroom by audiovisual link while the audiovisual recording is\nplayed.\n(5) While the witness is at the external place to give evidence, the place\nis taken for all purposes (other than subsection (4)) to be part of the\ncourtroom.\n(6) While the witness is at the external place to give evidence—\n(a) the accused person must not be at the place; and\n(b) the witness must not be able to see or hear the accused person;\nand\n(c) the accused person must be able to see and hear the witness give\n(d) the accused person must be able to communicate with the\nperson’s lawyer.\n\nGiving evidence at pre-trial hearing Division 4.3.4\n","sortOrder":69},{"sectionNumber":"61","sectionType":"section","heading":"Who may be present at pre-trial hearing","content":"61 Who may be present at pre-trial hearing\n(1) Only the following people may be present in the courtroom at the\npre-trial hearing:\n(a) the presiding judicial officer;\n(b) the prosecutor;\n(c) the accused person;\n(d) the accused person’s lawyer;\n(e) anyone else the court considers appropriate.\n(2) While the witness is at an external place to give evidence, only the\nfollowing people may be present at the place:\n(a) a support person under section 49 (1) or section 101;\n(b) anyone else the court considers appropriate.\n(3) Each person who is present at the external place where the witness is\nto give evidence must be recorded on the audiovisual recording\nrecorded under section 62.\n(4) The judicial officer who presides at the pre-trial hearing need not be\nthe judicial officer who presides at the trial at which the audiovisual\nrecording of the witness’s evidence is tendered.\n","sortOrder":70},{"sectionNumber":"62","sectionType":"section","heading":"Evidence of witness at pre-trial hearing to be evidence at","content":"62 Evidence of witness at pre-trial hearing to be evidence at\n(1) The evidence of a witness in a relevant proceeding (including\ncross-examination and re-examination) given under this division\nmust be recorded as an audiovisual recording.\n(2) The evidence in chief of the witness may include an audiovisual\nrecording under section 51.\n\n(3) The audiovisual recording of the witness’s evidence must—\n(a) be played at the hearing of the relevant proceeding for which the\npre-trial hearing was held; and\n(b) be admitted in evidence as the witness’s evidence at the hearing\nas if the witness gave the evidence at the hearing in person.\n(4) The witness must not be in the courtroom while the audiovisual\nrecording is played at the hearing.\n","sortOrder":71},{"sectionNumber":"63","sectionType":"section","heading":"Witness may be required to attend hearing","content":"63 Witness may be required to attend hearing\n(1) This section applies if an audiovisual recording of a witness’s\nevidence given at a pre-trial hearing is admitted in evidence at the\nhearing of a relevant proceeding.\n(2) The accused person may apply to the court for an order that the\nwitness attend the hearing of the relevant proceeding to give further\n(3) The court must not make the order unless satisfied that—\n(a) if the witness had given evidence in person at the hearing of the\nrelevant proceeding—the witness could be recalled; and\n(b) it is in the interests of justice to make the order.\n(4) If the courtroom where the relevant proceeding is heard and an\nexternal place are linked by an audiovisual link, a witness recalled to\ngive evidence under this section must give evidence by audiovisual\nlink under division 4.3.5, unless the court otherwise orders.\n(5) The court may make an order under subsection (4) only if satisfied\n(a) the witness prefers to give evidence in the courtroom; or\n(i) the relevant proceeding may be unreasonably delayed; or\n\nGiving evidence at pre-trial hearing Division 4.3.4\n(6) While the witness is at the external place to give evidence, the place\nis taken for all purposes (other than section 62 (4)) to be part of the\ncourtroom in which the hearing is held.\n","sortOrder":72},{"sectionNumber":"64","sectionType":"section","heading":"Evidence of witness at pre-trial hearing—jury trial","content":"64 Evidence of witness at pre-trial hearing—jury trial\n(a) a relevant proceeding is a trial by jury; and\n(b) an audiovisual recording of a witness’s evidence given at a\npre-trial hearing is admitted in evidence at the hearing of the\n(a) the witness gave the evidence by audiovisual link at a pre-trial\nhearing; and\n(b) admission of the audiovisual recording is a usual practice; and\n(c) the jury must not draw any inference against the accused person,\nwas given in that way.\n","sortOrder":73},{"sectionNumber":"65","sectionType":"section","heading":"Recording of witness’s evidence at pre-trial hearing","content":"65 Recording of witness’s evidence at pre-trial hearing\nadmissible in related hearing\n(1) This section applies if an audiovisual recording of a witness’s\nevidence given at a pre-trial hearing is admitted in evidence at the\nhearing of a relevant proceeding.\n(2) The recording is admissible as the witness’s evidence in a related\nproceeding unless the court in the related proceeding otherwise\norders.\n\n(3) However, the court in the related proceeding may—\n(a) refuse to admit all or any part of the audiovisual recording in\n(b) if the court refuses to admit part of the recording in evidence—\norder that the part that is not admitted be deleted from the\n(4) A party in the related proceeding may apply to the court for an order\nthat the witness attend the hearing to give further evidence.\n(5) The court must not make the order unless satisfied that—\n(a) the applicant has become aware of something that the applicant\ndid not know or could not reasonably have known when the\naudiovisual recording was recorded; and\n(b) if the witness had given evidence in person at the hearing—the\nwitness could be recalled; and\n(c) it is in the interests of justice to make the order.\n(6) In this section:\nrelated proceeding, in relation to the relevant proceeding in which\nthe audiovisual recording was admitted in evidence, means—\n(a) a re-hearing or re-trial of, or appeal from, the hearing of the\nproceeding; or\n(b) another proceeding in the same court as the proceeding for the\n(c) a proceeding for another offence arising from the same, or the\nsame set of, circumstances; or\n(d) a civil proceeding arising from the offence.\n\n","sortOrder":74},{"sectionNumber":"66","sectionType":"section","heading":"Audiovisual recording of child’s evidence—admissibility","content":"66 Audiovisual recording of child’s evidence—admissibility\n(a) a child has given evidence under this division; and\n(b) the evidence is recorded as an audiovisual recording; and\n(c) the child turns 18 years old before the audiovisual recording is\nadmitted in evidence.\n(2) The admissibility of the audiovisual recording as evidence is not\naffected only because the child turns 18 years old.\n","sortOrder":75},{"sectionNumber":"67","sectionType":"section","heading":"Meaning of give evidence—div 4.3.5","content":"67 Meaning of give evidence—div 4.3.5\n(1) In this division:\ngive evidence, in a relevant proceeding by audiovisual link, means to\ngive evidence in the proceeding by audiovisual link from an external\nplace which is linked to the courtroom by an audiovisual link.\n(2) For this division, it does not matter whether evidence is to be, or is\nbeing, given on oath or otherwise.\n","sortOrder":76},{"sectionNumber":"68","sectionType":"section","heading":"Giving evidence by audiovisual link","content":"68 Giving evidence by audiovisual link\n(a) a witness is to give evidence in a relevant proceeding; and\n(b) the proceeding is to be heard in a courtroom; and\n(c) the courtroom and the external place are linked by an\n(2) The witness’s evidence must be given by audiovisual link unless the\ncourt otherwise orders.\n\n(3) The court may make an order under subsection (2) only if satisfied\n(a) the witness prefers to give evidence in the courtroom; or\n(i) the relevant proceeding may be unreasonably delayed; or\n(4) While the witness is at the external place to give evidence, the place\nis taken for all purposes (other than section 52 (3)) to be part of the\ncourtroom.\n(5) While the witness is at the external place to give evidence—\n(a) the accused person must not be at the place; and\n(b) the witness must not be able to see or hear the accused person;\nand\n(c) the accused person must be able to see and hear the witness give\n(d) the accused person must be able to communicate with the\nperson’s lawyer.\n","sortOrder":77},{"sectionNumber":"69","sectionType":"section","heading":"Recording evidence given by audiovisual link or in","content":"69 Recording evidence given by audiovisual link or in\ncourtroom\n(1) This section applies if a witness gives evidence in a relevant\nproceeding under section 68—\n(a) by audiovisual link; or\n(b) in the courtroom under an order made by the court under\nsection 68 (2).\n(2) The evidence given by the witness must be recorded as an audiovisual\n\n(3) However, unless the court otherwise orders, evidence given in the\ncourtroom may be recorded only if the witness consents.\n(4) In deciding whether to make an order under subsection (3), the court\nmust consider the wishes of the witness.\n(5) A recording of evidence given by a witness in a relevant proceeding\nunder section 68 (whether by audiovisual link or in the courtroom) is\nadmissible as the witness’s evidence in a related proceeding unless\nthe court in the related proceeding otherwise orders.\n(6) However, the court in the related proceeding may—\n(a) refuse to admit any part of the recording in evidence; and\n(b) if the court refuses to admit part of the recording in evidence—\norder that the part that is not admitted be deleted from the\n(7) A party to a related proceeding may apply to the court for an order\nthat the witness attend the hearing to give further evidence.\n(8) The court must not make the order unless satisfied that—\n(a) the applicant has become aware of something that the applicant\ndid not know or could not reasonably have known when the\nrecording was made; and\n(b) if the witness had given evidence in person at the hearing—the\nwitness could be recalled; and\n(c) it is in the interests of justice to make the order.\n(9) In this section:\nrelated proceeding, in relation to the relevant proceeding in which\nthe evidence given was recorded, means—\n(a) a re-hearing or re-trial of, or appeal from, the hearing of the\nproceeding; or\n\n(b) another proceeding in the same court as the proceeding for the\n(c) a proceeding for another offence arising from the same, or the\nsame set of, circumstances; or\n(d) a civil proceeding arising from the offence.\n","sortOrder":78},{"sectionNumber":"70","sectionType":"section","heading":"Consequential orders—div 4.3.5","content":"70 Consequential orders—div 4.3.5\n(1) This section applies if a witness is to give evidence in a relevant\nproceeding by audiovisual link.\n(2) The court may make any order it considers appropriate––\n(a) to ensure that the relevant proceeding is conducted fairly; or\n(b) to allow the witness to identify a person or thing; or\n(c) to allow the witness to take part in a view or to watch a\ndemonstration or experiment; or\n(d) to allow part of the proceeding to be heard at an external place.\n(3) The court may make any other order it considers appropriate,\nincluding, for example, an order stating––\n(a) who may be with the witness at the external place; or\n(b) who must not be with the witness at the external place; or\n(c) who, in the courtroom, is to be able, or must not be able, to be\nheard, or seen and heard, by the witness and people in the\nexternal place with the witness; or\n(d) who, in the courtroom, is to be able to see and hear the witness\nand anyone else in the external place with the witness; or\n(e) how the audiovisual link is to operate.\n\n(4) The court may order that a person be excluded from the external place\nwhile the witness is giving evidence.\n(5) The court may direct that an order under this section apply only to a\nparticular part of the relevant proceeding.\n","sortOrder":79},{"sectionNumber":"71","sectionType":"section","heading":"Making of orders—div 4.3.5","content":"71 Making of orders—div 4.3.5\n(1) The court may make an order under this division in a relevant\nproceeding on its own initiative or on the application of—\n(a) a party to the proceeding; or\n(b) a witness.\n(2) For the purpose of making an order under this division, the court is\nnot bound by the rules of evidence and may inform itself as it\nconsiders appropriate.\n","sortOrder":80},{"sectionNumber":"72","sectionType":"section","heading":"Jury warning about inferences from witness giving","content":"72 Jury warning about inferences from witness giving\nevidence by audiovisual link\n(a) a witness gives evidence in a relevant proceeding by audiovisual\nlink; and\n(b) the proceeding is before a jury.\n(2) The judge must warn the jury to the effect that the jury should not\ndraw any inference against an accused person in the relevant\nproceeding from the fact that the evidence of the witness is given by\n\nPart 4.4 Special requirements—sexual\noffence and family violence\noffence proceedings\n","sortOrder":81},{"sectionNumber":"73","sectionType":"section","heading":"Certain evidence to be given in closed court","content":"73 Certain evidence to be given in closed court\n(1) This section applies if a witness—\n(a) gives evidence at a pre-trial hearing in a sexual offence\nproceeding under section 60; or\n(b) is eligible to give evidence at a pre-trial hearing in a sexual\noffence proceeding under section 60 but does not give the\nevidence at the pre-trial hearing.\n(2) On application, the court may order that the court be closed to the\npublic while the witness gives the evidence, or while the witness’s\nrecorded evidence is played, in the proceeding.\nNote The accused is entitled to a fair and public hearing, but the court may\n(3) In deciding whether to make an order under subsection (2), the court\nmust—\n(a) consider whether it is in the interests of justice that the witness\ngive evidence in open court; but\n(b) give paramount consideration to whether the witness wants to\ngive evidence in open court.\n(4) If the court makes an order under subsection (2), only the following\npeople may be present in the courtroom when the witness gives the\nevidence, or when the witness’s recorded evidence is played, in the\nproceeding:\n(a) the presiding judicial officer;\n\nSexual offence proceedings—general Division 4.4.1\n(b) the prosecutor;\n(c) the accused person;\n(d) the accused person’s lawyer;\n(e) for a proceeding before a jury—the jury members;\n(f) anyone else the court considers appropriate.\n(5) An order under subsection (2) does not stop the following people\nfrom being present in the courtroom while the witness gives the\nevidence, or while the witness’s recorded evidence is played:\n(a) a support person under section 49 (1) or section 101 (2);\n(b) if the witness agrees—a person who is preparing a news report\nof the proceeding and who is authorised to attend the court for\nthat purpose by the person’s employer.\n(6) If the witness is at an external place to give the evidence, only the\nfollowing people may be present at the place:\n(a) a support person under section 49 (1) or section 101 (2);\n(b) anyone else the court considers appropriate.\n","sortOrder":82},{"sectionNumber":"74","sectionType":"section","heading":"Prohibition of publication of complainant’s identity","content":"74 Prohibition of publication of complainant’s identity\n(1) A person must not publish, in relation to a sexual offence\nproceeding—\n(a) the complainant’s name; or\n(b) protected identity information about the complainant; or\n(c) a reference or allusion that discloses the complainant’s identity;\nor\n\n(d) a reference or allusion from which the complainant’s identity\nmight reasonably be worked out.\n(2) It is a defence to a prosecution for an offence against this section if\nthe person establishes that the complainant consented to the\npublication before the publication happened.\n(3) An offence against this section is a strict liability offence.\nprotected identity information means information about, or allowing\nsomeone to find out, the private, business or official address, email\naddress or telephone number of a person.\n","sortOrder":83},{"sectionNumber":"74A","sectionType":"section","heading":"Evidence of family violence may be relevant evidence","content":"74A Evidence of family violence may be relevant evidence\n(1) In a sexual offence proceeding, evidence of family violence may be\nrelevant evidence in the proceeding if it provides context for a fact in\nissue in the proceeding.\nNote For when relevant evidence is admissible in a proceeding, see the\nEvidence Act 2011, s 56.\n(2) In considering whether evidence of family violence is relevant\nevidence, the court must take into account that—\n(a) a single act may amount to family violence; and\n(b) a number of acts that form part of a pattern of behaviour may\namount to family violence, even though some or all of the acts,\nwhen viewed in isolation, may appear to be minor or trivial.\n\nSexual offence proceedings—general Division 4.4.1\nevidence of family violence includes evidence of—\n(a) in relation to a person—any of the following:\n(i) the history of the relationship between the person and a\nfamily member, including family violence by—\n(A) the family member towards the person; or\n(B) the person towards the family member; or\n(C) the family member or the person in relation to any\nother family member;\n(ii) the cumulative effect, including the psychological effect,\nof the family violence on the person or a family member;\n(iii) any social, cultural or economic factors that impact on the\nperson or a family member who has been affected by the\nfamily violence; and\n(b) in relation to family violence generally—any of the following:\n(i) the general nature and dynamics of relationships affected\nby family violence, including the possible consequences of\nseparation from the abuser;\n(ii) the cumulative effect, including the psychological effect of\nfamily violence on people who are, or have been, in a\nrelationship affected by family violence;\n(iii) the social, cultural or economic factors that impact on\npeople who are, or have been, in a relationship affected by\nfamily violence.\nfamily member—see the Family Violence Act 2016, section 9.\nfamily violence—see the Family Violence Act 2016, section 8.\n\nDivision 4.4.2 Sexual offence proceedings—evidence of complainant’s sexual reputation\nand activities\nDivision 4.4.2 Sexual offence proceedings—\nevidence of complainant’s sexual\nreputation and activities\n","sortOrder":84},{"sectionNumber":"75","sectionType":"section","heading":"Immunity of sexual reputation","content":"75 Immunity of sexual reputation\nEvidence of the complainant’s sexual reputation is not admissible in\na sexual offence proceeding.\n","sortOrder":85},{"sectionNumber":"76","sectionType":"section","heading":"General immunity of evidence of complainant’s sexual","content":"76 General immunity of evidence of complainant’s sexual\nactivities\n(1) Evidence of the sexual activities of the complainant is not admissible\nin a sexual offence proceeding without leave of the court dealing with\nthe proceeding.\n(2) Subsection (1) does not apply to evidence of the specific sexual\nactivities of the complainant with an accused person in the sexual\noffence proceeding.\n","sortOrder":86},{"sectionNumber":"77","sectionType":"section","heading":"Application for leave under s 76","content":"77 Application for leave under s 76\nApplication for leave under section 76 in a sexual offence proceeding\nmust be made––\n(a) in writing; and\n(b) if the proceeding is before a jury––in the absence of the jury;\nand\n(c) in the absence of the complainant, if an accused person in the\nproceeding requests.\n\n","sortOrder":87},{"sectionNumber":"78","sectionType":"section","heading":"Decision to give leave under s 76","content":"78 Decision to give leave under s 76\n(1) The court must not give leave under section 76 unless satisfied that\nthe evidence—\n(a) has substantial relevance to the facts in issue; or\n(b) is a proper matter for cross-examination about credit.\n(2) Evidence (sexual activity evidence) that relates to, or tends to\nestablish, the fact that the complainant was accustomed to engage in\nsexual activities is not to be regarded as having a substantial relevance\nto the facts in issue because of any inference it may raise about\ngeneral disposition.\n(3) Sexual activity evidence is not to be regarded as being a proper matter\nfor cross-examination about credit unless the evidence, if accepted,\nwould be likely to substantially impair confidence in the reliability of\nthe complainant’s evidence.\n(4) If the court gives leave under section 76, it must give written reasons\nfor its decision.\nproper matter for cross-examination about credit—evidence is a\nproper matter for cross-examination about credit if the credibility\nrule under the Evidence Act 2011, section 102 does not apply to the\nevidence because of that Act, section 103 (Exception—\ncross-examination as to credibility).\nDivision 4.4.3 Sexual and family violence offence\nproceedings—protection of\ncounselling communications\n","sortOrder":88},{"sectionNumber":"79","sectionType":"section","heading":"Definitions—div 4.4.3","content":"79 Definitions—div 4.4.3\nIn this division:\ncivil proceeding does not include a criminal proceeding.\n\ncounselled person—see section 79A (1).\ncounselling means counselling, therapy or treatment for an emotional\nor psychological condition, whether or not the counselling, therapy or\ntreatment is provided for remuneration.\ncounsellor means a person who—\n(a) has undertaken training or study, or has experience, relevant to\nthe process of counselling people who have suffered harm; or\n(b) is supervised by someone to whom paragraph (a) applies.\ncriminal proceeding means—\n(a) a proceeding for any offence; or\n(b) a sentencing proceeding for a person convicted or found guilty\nof any offence; or\n(c) an appeal or other review (whether by prerogative order or\notherwise) arising out of a proceeding mentioned in\nparagraph (a) or (b); or\n(d) an interlocutory proceeding in, or a proceeding ancillary to, a\nproceeding mentioned in paragraphs (a) to (c);\nbut does not include a preliminary criminal proceeding.\ndocument recording a protected confidence includes––\n(a) a copy, reproduction, republication, duplicate or summary of, or\nextract from, a document recording a protected confidence; and\n(b) the part of a document recording a protected confidence; and\n(c) the part of a document containing a report, observation, opinion,\nadvice, recommendation or anything else in relation to a\nprotected confidence that is—\n(i) made or given by the person who made the protected\nconfidence; or\n\n(ii) made or given by a third party mentioned in\nsection 79A (4) in whose presence the protected\nconfidence is made; and\n(d) a copy, reproduction, republication, duplicate or summary of, or\nextract from, the part of a document mentioned in paragraph (b)\nor (c).\nharm includes––\n(a) actual physical harm; and\n(b) stress or shock; and\n(c) prejudice to privacy; and\n(d) emotional or psychological harm, including, for example,\nshame, humiliation and fear; and\n(e) damage to reputation; and\n(f) financial loss.\npreliminary criminal proceeding means—\n(a) a committal proceeding for any offence; or\n(b) a proceeding in relation to bail for a person charged with any\n(c) an appeal or other review (whether by prerogative order or\notherwise) arising out of a proceeding mentioned in\nparagraph (a) or (b); or\n(d) an interlocutory proceeding in, or a proceeding ancillary to, a\nproceeding mentioned in paragraphs (a) to (c).\nproceeding means a civil or criminal proceeding.\nprotected confidence––see section 79A (1).\n\nprotected confidence evidence means––\n(a) oral or written evidence that would disclose a protected\nconfidence; or\n(b) a document recording a protected confidence; or\n(c) oral or written evidence that would disclose the contents of a\ndocument recording a protected confidence.\n","sortOrder":89},{"sectionNumber":"79A","sectionType":"section","heading":"Meaning of protected confidence—div 4.4.3","content":"79A Meaning of protected confidence—div 4.4.3\n(1) For this division, a protected confidence is a counselling\ncommunication made by, to or about a person against whom a sexual\noffence or family violence offence was, or is alleged to have been,\ncommitted (the counselled person).\n(2) A counselling communication is a protected confidence even if––\n(a) it is made before the happening, or alleged happening, of the acts\nconstituting the sexual offence or family violence offence; or\n(b) it is not made in relation to––\n(i) the sexual offence or any sexual offence; or\n(ii) a condition arising from the sexual offence or any sexual\n(iii) the family violence offence or any family violence offence;\nor\n(iv) a condition arising from the family violence offence or any\nfamily violence offence.\n(3) For this section, a counselling communication is a communication\nmade in circumstances that give rise to a reasonable expectation of\nconfidentiality or a duty of confidentiality—\n(a) by the counselled person to a counsellor for the purpose, or in\nthe course, of the counselling relationship between the\ncounselled person and the counsellor; or\n\n(b) to or about the counselled person by the counsellor for the\npurpose, or in the course, of the counselling relationship\nbetween the counselled person and the counsellor; or\n(c) by the counselled person to a third party mentioned in\ncounsellor; or\n(d) to the counselled person by a third party mentioned in\ncounsellor; or\n(e) about the counselled person by a third party mentioned in\ncounsellor to—\n(i) the counselled person; or\n(ii) the counsellor; or\n(iii) another third party to whom subsection (4) applies; or\n(f) about the counselled person by a counsellor to someone else\nwho has also been a counsellor for the counselled person; or\n(g) about the counselled person to a counsellor by someone else\nwho has also been a counsellor for the counselled person.\n\n(4) For this section, in deciding whether a communication was made in\ncircumstances that gave rise to a reasonable expectation of\nconfidentiality, it does not matter that the communication was made\nin the presence of a third party, if the third party was present to assist\nor encourage communication between the counselled person and\ncounsellor or otherwise assist the counselling process.\nExamples—third parties\n1 a parent, partner, carer, spiritual adviser or other supportive person\n2 a person present at the request of the counsellor to take notes of the counselling\nsession\nfamily violence offence includes alleged family violence offence.\nsexual offence includes alleged sexual offence.\n","sortOrder":90},{"sectionNumber":"79B","sectionType":"section","heading":"When does div 4.4.3 apply?","content":"79B When does div 4.4.3 apply?\nThis division applies to a protected confidence made before or after\nthe commencement of this division.\n","sortOrder":91},{"sectionNumber":"79C","sectionType":"section","heading":"Immunity for protected confidences in preliminary","content":"79C Immunity for protected confidences in preliminary\n(1) A protected confidence must not be disclosed in, or for the purposes\nof, a preliminary criminal proceeding.\n(2) Without limiting subsection (1)––\n(a) a person cannot be required (whether by subpoena, application,\nnotice or any other procedure), in or in relation to a preliminary\ncriminal proceeding, to produce a document recording a\nprotected confidence; and\n\n(b) protected confidence evidence is not admissible in the\npreliminary criminal proceeding.\nExample––par (a)\nA person could not be required to disclose a protected confidence in response to a\nrequest for production of documents in a preliminary criminal proceeding.\n","sortOrder":92},{"sectionNumber":"79D","sectionType":"section","heading":"General immunity for protected confidences","content":"79D General immunity for protected confidences\n(1) This section applies in relation to a proceeding.\n(2) A protected confidence must not be disclosed in, or for the purposes\nof, the proceeding unless the court dealing with the proceeding gives\nleave for the disclosure.\n(3) Without limiting subsection (2)––\n(a) a person cannot be required (whether by subpoena, application,\nnotice or any other procedure), in or in relation to the\nproceeding, to produce a document recording a protected\nconfidence, unless the court gives leave; and\n(b) protected confidence evidence is not admissible in the\nproceeding, unless the court gives leave.\nExample––par (a)\nA person could not be required to disclose a protected confidence in response to a\nrequest for production of documents in a proceeding unless the court gives leave.\n","sortOrder":93},{"sectionNumber":"79E","sectionType":"section","heading":"Application for leave to disclose protected confidence","content":"79E Application for leave to disclose protected confidence\n(1) An application for leave must—\n(a) be in writing; and\n(b) set out the leave sought; and\n(c) set out the applicant’s arguments in support of the application\n(including the matters mentioned in section 79F (2)).\n\n(2) The application must also––\n(a) set out briefly the nature of the protected confidence evidence\n(if known); and\n(b) set out, or be accompanied by a copy of, any relevant\ndocuments.\n(3) The applicant must give written notice of the application to—\n(a) for a civil proceeding—the counselled person who is the subject\nof the protected confidence; or\n(b) for a criminal proceeding—the prosecutor.\n(4) The notice must—\n(a) state the known protected confidence evidence that is the subject\nof the application; and\n(b) state that the counselled person may, under section 79IA, appear\nin the proceeding; and\n(c) state the day when the application is to be heard.\n(5) If the prosecutor in a criminal proceeding is given a notice under\nsubsection (3) (b), the prosecutor must give it to the counselled\nperson who is the subject of the protected confidence.\n(6) However, a requirement under this section to give notice to a\ncounselled person does not apply if the court is satisfied that—\n(a) the applicant in a civil proceeding, or the prosecutor in a\ncriminal proceeding, has taken all reasonable steps to find the\ncounselled person, but has not found the counselled person; or\n(b) the counselled person has consented in writing to not be notified\nabout the application; or\n(c) the counselled person has already been given a notice under this\nsection about another application for leave in the same\nproceeding about the same protected confidence.\n\n","sortOrder":94},{"sectionNumber":"79F","sectionType":"section","heading":"Threshold test––legitimate forensic purpose","content":"79F Threshold test––legitimate forensic purpose\n(1) The court must refuse the leave sought under section 79E if not\nsatisfied that the applicant has established a legitimate forensic\npurpose for seeking the leave.\n(2) To establish a legitimate forensic purpose, the applicant must—\n(a) identify a legitimate forensic purpose for seeking the leave; and\n(b) satisfy the court that there is an arguable case that the evidence\nin relation to which the leave is sought would materially assist\nthe applicant’s case in the proceeding.\n(3) If the applicant is required to give notice of the application under\nsection 79E, the court must not decide whether or not to refuse the\napplication under this section until at least 14 days after the applicant\nhas given the notice.\n(4) However, the court may make a decision in a shorter period after the\nnotice has been given if satisfied it is in the interests of justice.\n(5) The court must decide whether or not to refuse the application under\nthis section before it conducts a preliminary examination of the\nprotected confidence evidence under section 79G.\n","sortOrder":95},{"sectionNumber":"79G","sectionType":"section","heading":"Preliminary examination of protected confidence","content":"79G Preliminary examination of protected confidence\nevidence\n(1) If the court is satisfied that the applicant has established a legitimate\nforensic purpose for seeking the leave, the court must then conduct a\npreliminary examination of the protected confidence evidence to\ndecide whether leave should be given.\n(2) For the preliminary examination, the court may––\n(a) require anyone who has custody or control of a document\nrecording a protected confidence to produce the document to the\ncourt for inspection; or\n\n(b) require the counsellor or, if the counsellor provides counselling\non behalf of an entity, the principal or another representative of\nthe entity––\n(i) to give the court written answers to any questions; or\n(ii) to attend the court for oral examination.\n(3) The court may also permit a written statement be made by the\ncounselled person about the harm the counselled person is likely to\nsuffer if leave is given.\n(4) The court must not order a person to attend for oral examination under\nsubsection (2) (b) (ii) unless the oral examination of the person is\nnecessary for the effective conduct of the preliminary examination.\n(5) Only a person mentioned in subsection (2) may be ordered to answer\nquestions or be examined under this section.\n(6) The preliminary examination must be conducted––\n(a) in the absence of the public and the jury (if any); and\n(b) in the absence of the parties to the proceeding and their lawyers,\nexcept to the extent otherwise decided by the court.\n(7) Evidence taken at the preliminary examination—\n(a) if the evidence is a statement taken under subsection (3)—must\nnot be disclosed to the parties or their lawyers (other than the\ncounselled person or their lawyer); or\n(b) in any other case—must not be disclosed to the parties or their\nlawyers, except to the extent otherwise decided by the court.\n(8) A record of the preliminary examination must be made, but must not\nbe made available for public access.\n\n","sortOrder":96},{"sectionNumber":"79H","sectionType":"section","heading":"Giving of leave to disclose protected confidence","content":"79H Giving of leave to disclose protected confidence\n(1) After conducting the preliminary examination of the protected\nconfidence evidence, the court may give leave for the disclosure of\nthe protected confidence only if satisfied that—\n(a) for a civil proceeding—the public interest in ensuring the\nproceeding is conducted fairly outweighs the public interest in\npreserving the confidentiality of the protected confidence; or\n(b) for a criminal proceeding—the public interest in ensuring an\naccused person in the proceeding is given a fair trial outweighs\nthe public interest in preserving the confidentiality of the\nprotected confidence.\n(2) To remove any doubt, if the court is satisfied under subsection (1)\nabout part of a document only, it may give leave in relation to that\npart and refuse leave for the rest of the document.\n(3) In making a decision under subsection (1), the court must have regard\nto—\n(a) for a criminal proceeding—the extent to which disclosure of the\nprotected confidence is necessary for an accused person to make\na full defence; and\n(b) the public interest in ensuring that victims of sexual offences\nreceive effective counselling or other treatment; and\n(c) the extent to which disclosure of protected confidences may\ndissuade victims of sexual offences from seeking counselling or\nother treatment or diminish the value of counselling or other\ntreatment; and\n(d) whether the evidence will have a substantial probative value to\na fact in issue and whether other evidence of similar or greater\nprobative value is available about the matters to which the\nevidence relates; and\n\n(e) the likelihood that disclosure of the protected confidence will\naffect the outcome of the case; and\n(f) whether disclosure of the protected confidence is sought on the\nbasis of a discriminatory belief or bias; and\n(g) whether the person to or by whom the protected confidence was\nmade objects to the disclosure of the protected confidence; and\n(h) the nature and extent of the reasonable expectation of\nconfidentiality for the protected confidence and the potential\nprejudice to the privacy of anyone, including to the extent to\nwhich any interest in confidentiality or privacy has been\nlessened by the passage of time or the happening of any event\nsince the protected confidence was made.\n(4) Subsection (3) does not limit the matters to which the court may have\nregard.\n(5) Leave under this section may be given subject to conditions.\n(6) If the court refuses to give leave, and an appeal is made against the\nrefusal, or a ground of an appeal is the refusal, the appellate court may\nexamine the evidence taken at the preliminary examination under\nsection 79G, and may make the orders about the disclosure of the\nevidence (other than a statement taken under section 79G (3)) it\nconsiders appropriate.\n","sortOrder":97},{"sectionNumber":"79I","sectionType":"section","heading":"Ancillary orders for protection of person who made","content":"79I Ancillary orders for protection of person who made\nprotected confidence\n(1) The court may make any order it considers appropriate to limit\npossible harm, or the extent of possible harm, to a person who made\na protected confidence by the disclosure of protected confidence\n(2) Without limiting subsection (1), the court may––\n(a) order that the court be closed to the public while all or part of\nthe protected confidence evidence is presented; or\n\n(b) for a document recording a protected confidence––order that a\ndocument be edited as directed by the court or that a copy of a\ndocument (or part of a document) be disclosed instead of the\noriginal; or\n(c) make orders in relation to the suppression or publication of all\nor any part of the protected confidence evidence; or\n(d) for a document recording a protected confidence––make orders\nabout the production or inspection of the document; or\n(e) make orders in relation to the disclosure of—\n(i) protected identity information about the person who made\nthe protected confidence; or\n(ii) information that discloses the identity of the person who\nmade the protected confidence; or\n(iii) information from which the identity of the person who\nmade the protected confidence might reasonably be\ninferred.\n(3) This section is in addition to section 74 (Prohibition of publication of\ncomplainant’s identity).\nprotected identity information means information about, or allowing\nsomeone to find out, the private, business or official address, email\naddress or telephone number of a person.\n79IA Counselled person may appear in proceeding if protected\nconfidence sought to be disclosed\nA counselled person may appear in any proceeding in relation to—\n(a) the disclosure of a protected confidence made by, to or about the\ncounselled person; or\n\n(b) the production of a document recording a protected confidence\nmade by, to or about the counselled person; or\n(c) the admission of protected confidence evidence for a protected\nconfidence made by, to or about the counselled person.\n79IB Court must be satisfied counselled person is informed of\nrights under div 4.4.3\nIf it appears to the court that a counselled person may have grounds\nto make an objection or seek an order in relation to something\nmentioned in section 79IA (a) to (c), the court must satisfy itself that\nthe counselled person—\n(a) is aware of the effect of this division; and\n(b) has been given a reasonable opportunity to seek legal advice\nabout whether to make an objection or seek an order.\n","sortOrder":98},{"sectionNumber":"79J","sectionType":"section","heading":"No waiver of protected confidence immunity","content":"79J No waiver of protected confidence immunity\nThis division applies whether or not a person who has made a\nprotected confidence consents or does not object to the disclosure of\nthe protected confidence.\n","sortOrder":99},{"sectionNumber":"79K","sectionType":"section","heading":"No protected confidence immunity for medical","content":"79K No protected confidence immunity for medical\ninformation\nThis division does not apply in relation to––\n(a) information obtained by a doctor because of a physical\nexamination of a person against whom a sexual offence or\nfamily violence offence was, or is alleged to have been,\ncommitted; or\n(b) any communication made in the course, or because, of the\nexamination.\n\n","sortOrder":100},{"sectionNumber":"79L","sectionType":"section","heading":"No protected confidence immunity for communications","content":"79L No protected confidence immunity for communications\nfor criminal investigations and proceedings\nThis division does not apply to a communication made for the\npurpose of—\n(a) an investigation by a law enforcement entity into the\ncommission or alleged commission of a sexual offence or family\nviolence offence; or\n(b) a preliminary criminal proceeding or criminal proceeding\narising from the commission or alleged commission of a sexual\noffence or family violence offence.\n","sortOrder":101},{"sectionNumber":"79M","sectionType":"section","heading":"No protected confidence immunity in case of misconduct","content":"79M No protected confidence immunity in case of misconduct\n(1) This division does not apply in relation to a communication made, or\na document prepared, in the furtherance of the commission of an\noffence, a fraud or an act that makes a person liable to a civil penalty.\n(2) A court may find that a communication was made, or a document was\nprepared, in the furtherance of the commission of an offence, a fraud\nor an act if there are reasonable grounds for finding that––\n(a) the offence, fraud or act was committed; and\n(b) the communication was made, or document prepared, in the\nfurtherance of the offence, fraud or act.\n\nDivision 4.4.4 Sexual offence proceedings—directions and warnings to juries\nDivision 4.4.4 Sexual offence proceedings—\ndirections and warnings to juries\nNote The Supreme Court Act 1933, s 68C (3) provides that in a criminal\nproceeding tried by a judge alone, if a territory law requires a warning or\ndirection to be given, or a comment to be made, to a jury in the\nproceeding, the judge must take the warning, direction or comment into\naccount in considering his or her verdict.\n","sortOrder":102},{"sectionNumber":"80","sectionType":"section","heading":"Comments on complainants’ evidence","content":"80 Comments on complainants’ evidence\nIf evidence is given by a complainant in a sexual offence proceeding,\nthe judge must not give the jury any warning or suggestion to the\neffect that the law regards complainants to be an unreliable class of\nwitnesses.\n","sortOrder":103},{"sectionNumber":"80A","sectionType":"section","heading":"Comments on children’s evidence","content":"80A Comments on children’s evidence\nIf evidence is given by a child in a sexual offence proceeding, the\njudge must not give the jury any warning or suggestion to the effect\nthat the law regards children to be an unreliable class of witnesses.\n","sortOrder":104},{"sectionNumber":"80B","sectionType":"section","heading":"Comments about lack of, or delays in making, complaint","content":"80B Comments about lack of, or delays in making, complaint\n(1) This section applies if, in a sexual offence proceeding, evidence is\ngiven, or a question is asked of a witness, that tends to suggest that—\n(a) the complainant made no complaint about the alleged offence;\nor\n(b) there was a delay in making a complaint.\n(2) The judge must––\n(a) give the jury a warning to the effect that the absence of, or the\ndelay in making, the complaint does not necessarily indicate that\nthe allegation that the offence was committed is false; and\n(b) tell the jury that there may be good reasons why a victim of a\nsexual offence may not make, or may hesitate in making, a\ncomplaint about the offence.\n\nSexual offence proceedings—directions and warnings to juries Division 4.4.4\n","sortOrder":105},{"sectionNumber":"80C","sectionType":"section","heading":"Directions about implied consent","content":"80C Directions about implied consent\nIn a sexual offence proceeding, the judge must, in a relevant case,\ndirect the jury that a person is not to be regarded as having consented\nto a sexual act just because––\n(a) the person did not say or do anything to indicate that the person\ndid not consent; or\n(b) the person did not protest or physically resist; or\n(c) the person did not sustain a physical injury; or\n(d) on that or an earlier occasion, the person had consented to\nengage in a sexual act (whether or not of the same kind) with the\naccused person or someone else.\n\nPart 4.5 Special requirements—family\nviolence offence proceedings\n","sortOrder":106},{"sectionNumber":"81","sectionType":"section","heading":"Meaning of recorded statement—pt 4.5","content":"81 Meaning of recorded statement—pt 4.5\nrecorded statement means—\n(a) an audiovisual recording—\n(i) of a complainant answering questions from a police officer\nin relation to the investigation of a family violence offence;\nand\n(ii) made by a police officer; or\n(b) an audio recording that complies with paragraph (a)—\n(i) if the complainant does not consent to an audiovisual\nrecording; or\n(ii) in exceptional circumstances.\nExample—exceptional circumstances\ntechnical difficulties with the visual aspect of the recording identified\nfollowing the making of the recording\n\nDivision 4.5.2 Family violence offence\nproceedings—recorded statement of\npolice interview\n","sortOrder":107},{"sectionNumber":"81A","sectionType":"section","heading":"Recorded statement—requirements","content":"81A Recorded statement—requirements\n(1) A police officer must, before making a recorded statement, tell the\ncomplainant that—\n(a) the recorded statement may be used in evidence at a hearing; and\n(b) if the recorded statement is used in evidence at a hearing, the\ncomplainant may be called to give evidence under\ncross-examination in person at the hearing; and\n(c) the complainant does not have to consent to the recording.\n(2) A recorded statement must be made—\n(a) as soon as practicable after the events mentioned in the\nstatement happened; and\n(b) in the form of questions and answers.\nNote If the recorded statement is to be admitted as evidence in a proceeding,\nthe rules of evidence apply to the content of the statement.\n(3) A recorded statement of a complainant must include the following:\n(a) the name of each person present during any part of the recording;\n(b) a statement by the complainant—\n(i) of the complainant’s name, age and whether the\ncomplainant lives in the ACT; and\n(ii) about the truth of the representations made by the\ncomplainant in the recorded statement;\n(c) any other matter prescribed by regulation.\n\n(4) As far as is practicable, a recorded statement must not contain an\nimage of—\n(a) a child; or\n(b) a person who is intellectually impaired.\n(5) If any part of a recorded statement is in a language other than\nEnglish—\n(a) the recorded statement must contain an English translation of the\npart; or\n(b) a separate written English translation of the part must\naccompany the recorded statement.\n(6) A recorded statement must not be edited or changed unless—\n(a) both parties consent to the edits or changes; or\n(b) the court hearing the proceeding in which the recorded statement\nis tendered otherwise orders.\nExample—court ordering change\nediting the recorded statement to omit inadmissible material\n(7) In this section:\nintellectually impaired—see section 42.\npolice officer includes a person who is a member of the police force\nof a State or another Territory if—\n(a) provisions of the law of that State or Territory correspond\n(or substantially correspond) to this part; and\n(b) the person is trained in the taking of evidence under those\nprovisions.\n\n","sortOrder":108},{"sectionNumber":"81B","sectionType":"section","heading":"Recorded statement—may be admitted as evidence","content":"81B Recorded statement—may be admitted as evidence\n(1) A recorded statement may—\n(a) be played at the hearing of a family violence offence proceeding\nfor the offence to which it relates; and\n(b) if the recorded statement is played at the hearing—be admitted\nas all or part of the complainant’s evidence in chief in the\nproceeding as if the complainant gave the evidence at the\nhearing in person.\n(2) However, the court may refuse to admit all or any part of the recorded\nstatement if the court considers it is in the interests of justice to do so.\n(3) The complainant may choose not to be present in the courtroom while\nthe court is viewing or listening to the recorded statement.\n(4) If the complainant is giving evidence by audiovisual link from an\nexternal place under division 4.3.5, the complainant must not be\nvisible or audible to anyone in the courtroom by closed-circuit\ntelevision or by means of similar technology while the court is\nviewing or listening to the recorded statement.\n(5) To remove any doubt, if a recorded statement is admitted as part of a\ncomplainant’s evidence in chief in a proceeding, the complainant may\ngive further evidence in chief.\n(6) This section is subject to section 81G (Recorded statement—\nadmissibility).\n(7) In this section:\n\n","sortOrder":109},{"sectionNumber":"81C","sectionType":"section","heading":"Recorded statement—hearsay rule and opinion rule","content":"81C Recorded statement—hearsay rule and opinion rule\n(1) The hearsay rule and the opinion rule do not prevent the admission or\nuse of evidence of a representation in the form of a recorded statement\nonly because it is in that form.\nNote The hearsay rule and opinion rule will apply to the content of the recorded\nstatement to be admitted as evidence.\nhearsay rule—see the Evidence Act 2011, section 59 (1).\nopinion rule—see the Evidence Act 2011, section 76.\n","sortOrder":110},{"sectionNumber":"81D","sectionType":"section","heading":"Validity of proceeding not affected","content":"81D Validity of proceeding not affected\n(1) The failure of a police officer to record a representation in the form\nof a recorded statement in accordance with the requirements of this\ndivision or any regulation does not affect the validity of a proceeding\nin which evidence of the representation is given.\n(2) The failure of a complainant to give evidence in accordance with this\npart does not affect the validity of a proceeding or any decision made\nin connection with the proceeding.\n","sortOrder":111},{"sectionNumber":"81E","sectionType":"section","heading":"Recorded statement—represented accused person to be","content":"81E Recorded statement—represented accused person to be\ngiven copy\n(a) a recorded statement has been made in relation to a family\nviolence offence proceeding; and\n(b) the accused person is represented by a lawyer in the proceeding.\n(2) The lawyer representing the accused person must be given a copy of\nthe recorded statement as soon as practicable after the proceeding is\ncommenced.\n\n(3) The lawyer representing the accused person must return the copy of\nthe recorded statement by giving it to the prosecutor not later than\n16 weeks after the proceeding is finalised.\n(4) The accused person must not be given, or take a copy of, the recorded\nstatement.\n","sortOrder":112},{"sectionNumber":"81F","sectionType":"section","heading":"Recorded statement—unrepresented accused person to","content":"81F Recorded statement—unrepresented accused person to\nbe given access\n(a) a recorded statement has been made in relation to a family\nviolence offence that is the subject of a proceeding; and\n(b) the accused person is not represented by a lawyer in the\n(2) The accused person must be given an audio copy of the recorded\nstatement as soon as practicable after the proceeding is commenced.\n(3) Also, if it is reasonably practicable, the accused person must be given\nan opportunity to view a recorded statement that is in the form of a\nvideo recording at a police station on at least 1 of the following\noccasions:\n(a) when the accused person is being questioned in relation to the\nalleged family violence offence;\n(b) at the request of the accused person, on a day arranged with the\naccused person;\n(c) on another day stated in a written notice given to the accused\nperson before committal proceedings or the trial commences.\n(4) If compliance with subsection (3) is not reasonably practicable, the\naccused person must be given the opportunity to view the recorded\nstatement on a day on which proceedings relating to the offence are\nbeing held.\n\n","sortOrder":113},{"sectionNumber":"81G","sectionType":"section","heading":"Recorded statement—admissibility","content":"81G Recorded statement—admissibility\nEvidence of a representation of a complainant given in the form of a\nrecorded statement is not to be admitted if section 81E or section 81F\nhave not been complied with, unless the court is satisfied that—\n(a) the parties consent to the recorded statement being admitted; or\n(b) the accused person or the accused person’s lawyer (if any) have\nbeen given a reasonable opportunity to listen to or view the\nrecorded statement and it would be in the interests of justice to\nadmit the recorded statement.\n","sortOrder":114},{"sectionNumber":"81H","sectionType":"section","heading":"Recorded statement—accused person to be given audio","content":"81H Recorded statement—accused person to be given audio\ncopy\n(a) the prosecutor in a family violence offence proceeding intends\nto tender a recorded statement as evidence; and\n(b) the court accepts a plea of not guilty from the accused person;\nand\n(c) the accused person has not already been given an audio copy of\nthe recorded statement under section 81F.\n(2) The accused person must be given an audio copy of the recorded\nstatement.\n","sortOrder":115},{"sectionNumber":"81I","sectionType":"section","heading":"Recorded statement—jury trial","content":"81I Recorded statement—jury trial\n(a) a family violence offence proceeding is a trial by jury; and\n(b) a recorded statement is admitted in evidence in the proceeding.\n(a) admission of a recorded statement is a usual practice; and\n\nis given in that way.\n(3) If the court considers that a transcript of the recorded statement would\nbe likely to help the jury’s understanding of the evidence, the court\nmay order that the transcript be made available to the jury.\n","sortOrder":116},{"sectionNumber":"81J","sectionType":"section","heading":"Recorded statement—offence to publish","content":"81J Recorded statement—offence to publish\n(1) A person commits an offence if the person—\n(a) publishes a recorded statement; and\n(b) does not have authority to publish the recorded statement.\n(2) For this section, a person has authority to publish a recorded\nstatement only if the person publishes the recorded statement in\nconnection with—\n(a) the investigation of, or a proceeding for, an offence in relation\nto which the recorded statement is prepared; or\n(b) a re-hearing, re-trial or appeal in relation to the proceeding; or\n(c) a proceeding for an application for a protection order under the\nFamily Violence Act 2016 if—\n(i) the affected person in relation to the application for the\nprotection order is the complainant in relation to the\nrecorded statement; and\n(ii) the respondent to the application for the protection order is\nthe person against whom the family violence offence, the\nsubject of the recorded statement, is alleged.\n\nDivision 4.5.3 Recorded statement of police interview admissible as evidence—\napplication for protection order\nperson includes the complainant in relation to the recorded statement.\npublish means communicate or disseminate information in a way or\nto an extent that makes it available to, or likely to come to the notice\nof, the public or a section of the public or anyone else not lawfully\nentitled to the information.\nDivision 4.5.3 Recorded statement of police\ninterview admissible as evidence—\napplication for protection order\n","sortOrder":117},{"sectionNumber":"81K","sectionType":"section","heading":"Recorded statement—may be admitted as evidence in","content":"81K Recorded statement—may be admitted as evidence in\napplication for family violence protection order\n(1) This section applies if a recorded statement is made in relation to an\nalleged family violence offence.\n(2) The recorded statement may be admitted by the Magistrates Court in\na proceeding for an application for a protection order under the\nFamily Violence Act 2016 if—\n(a) the affected person in relation to the application for the\nprotection order is the complainant in relation to the recorded\nstatement; and\n(b) the respondent to the application for the protection order is the\nperson against whom the family violence offence is alleged.\n\nCertain evidence under court rules not admissible Chapter 5\n","sortOrder":118},{"sectionNumber":"Part 5","sectionType":"part","heading":"Certain evidence under court","content":"Chapter 5 Certain evidence under court\nrules not admissible\n","sortOrder":119},{"sectionNumber":"82","sectionType":"section","heading":"Evidence not admissible in court—neutral evaluation","content":"82 Evidence not admissible in court—neutral evaluation\n(1) This section applies if, under rules under the Court Procedures\nAct 2004 (the rules), the Supreme Court or Magistrates Court has\nreferred a civil proceeding, or part of a civil proceeding, for neutral\nevaluation.\n(2) Evidence of anything said, or of any admission made, in a neutral\nevaluation session under the rules is not admissible in any proceeding\nbefore a court or tribunal.\n(3) A document prepared for, in the course of, or because of, a neutral\nevaluation session under the rules is not admissible in any proceeding\nbefore a court or tribunal.\n(4) Subsections (2) and (3) do not apply to any evidence or document—\n(a) for evidence—if the people attending, or identified during, the\nneutral evaluation session consent to the admission of the\nevidence; or\n(b) for a document—if the people attending, or identified during,\nthe neutral evaluation session and all the people identified in the\ndocument, consent to the admission of the document; or\n(c) in a proceeding (including a criminal proceeding) brought in\nrelation to an act or omission in relation to which a disclosure\nhas been made under the rules because an evaluator has\nreasonable grounds to believe the disclosure is necessary or\ndesirable to prevent or reduce the danger of death or injury to\nanyone or damage to any property.\n\nChapter 5 Certain evidence under court rules not admissible\nneutral evaluation session includes any steps taken in the course of\nmaking arrangements for the session or in the course of the follow-up\nof the session.\n","sortOrder":120},{"sectionNumber":"83","sectionType":"section","heading":"Evidence not admissible in court—expert report","content":"83 Evidence not admissible in court—expert report\n(a) a party to a civil proceeding in the Supreme Court or Magistrates\nCourt (the court) engages an expert witness; and\n(b) the expert witness prepares a report (an expert report); and\n(c) the expert report does not contain an acknowledgment by the\nexpert witness who prepared the report that the expert witness\nhas read the code of conduct for expert witnesses prescribed by\nthe rules under the Court Procedures Act 2004 applying to the\nexpert witness and agrees to be bound by it.\n(2) The expert report is not admissible in evidence in the proceeding,\nunless the court otherwise orders.\n","sortOrder":121},{"sectionNumber":"84","sectionType":"section","heading":"Evidence not admissible in court—meeting of experts","content":"84 Evidence not admissible in court—meeting of experts\n(1) This section applies if, in a civil proceeding in the Supreme Court or\nMagistrates Court (the court), the court directs the expert witnesses\nin the proceeding to meet—\n(a) to identify the matters on which they agree; and\n(b) to identify the matters on which they disagree and the reasons\nwhy; and\n(c) to try to resolve any disagreement.\n\nCertain evidence under court rules not admissible Chapter 5\n(2) Unless the court otherwise orders, evidence of anything done or said,\nor an admission made, at the meeting is admissible at a trial of the\nproceeding only if all the parties to the proceeding that are active\nparties under the rules under the Court Procedures Act 2004 applying\nto the proceeding (the rules) agree.\n(3) However, subsection (2) does not apply to a document produced in\naccordance with a direction made by the court under the rules that the\nexpert witnesses produce a document for the court’s use,\nidentifying—\n(a) the matters on which they agree; and\n(b) the matters on which they disagree; and\n(c) the reasons for any failure to reach agreement on any matter.\n","sortOrder":122},{"sectionNumber":"85","sectionType":"section","heading":"Evidence not admissible in court—evidence taken in","content":"85 Evidence not admissible in court—evidence taken in\nexamination\n(a) in a civil or criminal proceeding, the Supreme Court or the\nMagistrates Court (the court) makes an order under the rules\nunder the Court Procedures Act 2004—\n(i) for the examination of a person on oath at a place in or\noutside the ACT (including outside Australia) before a\nperson appointed by the court; or\n(ii) for the issue of a commission for the examination of a\nperson on oath at a place in or outside the ACT (including\noutside Australia); or\n(iii) for the issue of a letter of request to a judicial authority of\na place outside the ACT (including outside Australia) to\ntake the evidence of a person (or cause it to be taken); and\n(b) the person’s evidence is taken in an examination held in\naccordance with the order; and\n\nChapter 5 Certain evidence under court rules not admissible\n(c) a party to the proceeding tenders the person’s evidence as\nevidence in the proceeding.\n(2) Unless the court otherwise orders, the person’s evidence is not\nadmissible if, at the hearing of the proceeding, the court is satisfied\nthat the person is in the ACT and is able to attend the hearing.\n\nEvidence in criminal proceedings—dangerously ill people Chapter 6\n","sortOrder":123},{"sectionNumber":"Part 6","sectionType":"part","heading":"Evidence in criminal","content":"Chapter 6 Evidence in criminal\nproceedings—dangerously ill\npeople\n","sortOrder":124},{"sectionNumber":"90","sectionType":"section","heading":"Meaning of dangerously ill person—ch 6","content":"90 Meaning of dangerously ill person—ch 6\ndangerously ill person means a person who is dangerously ill and is\nnot likely to recover from the illness.\n","sortOrder":125},{"sectionNumber":"91","sectionType":"section","heading":"Application—ch 6","content":"91 Application—ch 6\nThis chapter applies if a court is satisfied that—\n(a) a dangerously ill person is or may be able to give evidence in a\nproceeding for an indictable offence or on behalf of a person\nwho has been, or may be, charged with an indictable offence;\nand\n(b) because of the illness, the dangerously ill person is or may be\nunable to give evidence in the proceeding.\n","sortOrder":126},{"sectionNumber":"92","sectionType":"section","heading":"Recording of evidence of dangerously ill person","content":"92 Recording of evidence of dangerously ill person\n(1) The court may take the evidence of the dangerously ill person\n(including cross-examination and re-examination) by audio or\naudiovisual recording.\n(2) The recording must include the following:\n(a) the date when, and the place where, the recording was made;\n(b) the times when the recording started and ended;\n(c) the times when any break in recording started and ended, and\nthe reason for the break;\n(d) the name of each person present during any part of the recording;\n\nChapter 6 Evidence in criminal proceedings—dangerously ill people\n(e) for each person present during any part of the recording—the\npart when the person was present.\n","sortOrder":127},{"sectionNumber":"93","sectionType":"section","heading":"Notice of evidence of dangerously ill person","content":"93 Notice of evidence of dangerously ill person\n(1) Before taking the evidence of the dangerously ill person, the court\nmust give a notice that the court proposes to take the evidence and of\nthe time and place where it will be taken—\n(a) to the person charged or who may be charged; and\n(b) if the evidence is evidence on behalf of the person charged and\nit is practicable to do so—to the DPP or a person authorised by\nthe DPP.\n(2) A person given a notice under subsection (1) (the notified person)\nmay—\n(a) be present while the evidence is being taken; and\n(b) cross-examine the person giving the evidence.\n(3) However, subsection (2) does not apply if this Act or another territory\nlaw prohibits the notified person from doing a thing mentioned in the\nsubsection.\n","sortOrder":128},{"sectionNumber":"94","sectionType":"section","heading":"Admissibility of recording of evidence of dangerously ill","content":"94 Admissibility of recording of evidence of dangerously ill\nperson\n(a) an audio or audiovisual recording of evidence by a dangerously\nill person is made; and\n(b) in the proceeding for the offence to which the evidence in the\nrecording relates, the court is satisfied that—\n(i) the dangerously ill person is dead, or is, because of illness,\nunable to attend the proceeding; and\n\nEvidence in criminal proceedings—dangerously ill people Chapter 6\n(ii) reasonable notice of the time and place fixed for the taking\nof the evidence was given in accordance with\nsection 93 (1).\n(2) The audio or audiovisual recording of the evidence is admissible to\nthe extent that the evidence would have been admissible at the\nproceeding if given orally.\n\n","sortOrder":129},{"sectionNumber":"95","sectionType":"section","heading":"Definitions—ch 6","content":"95 Definitions—ch 6\nIn this chapter—\nprincipal proceeding, for a victim impact statement, means the\nproceeding for which the statement was made.\nvictim impact statement—see the Crimes (Sentencing) Act 2005,\nsection 47.\n","sortOrder":130},{"sectionNumber":"96","sectionType":"section","heading":"Victim impact statements—cross-examination in principal","content":"96 Victim impact statements—cross-examination in principal\nproceeding\n(1) The court must not allow the defence to cross-examine the maker of\na victim impact statement about the contents of the statement before\na finding of guilt has been made in the principal proceeding, unless\nthe court is satisfied that the statement has substantial probative value\nto justify allowing the cross-examination.\n(2) The court must not allow the defence to cross-examine the maker\nabout the contents of the statement after a finding of guilt has been\nmade in the principal proceeding unless—\n(a) a lawyer representing the offender applies for leave to conduct\nthe cross-examination, or if the offender is not legally\nrepresented the offender indicates to the court the nature of the\nproposed cross-examination; and\n(b) the court is satisfied that the cross-examination would materially\naffect the likely sentence to be imposed on an offender; and\n(c) the court gives the defence leave to cross-examine the maker.\n\nVictim impact statements Chapter 6A\ndefence means—\n(a) any lawyer representing a defendant or offender; or\n(b) if the defendant or offender is not legally represented—the\ndefendant or offender.\n","sortOrder":131},{"sectionNumber":"97","sectionType":"section","heading":"Victim impact statements—use in other proceeding","content":"97 Victim impact statements—use in other proceeding\n(1) A victim impact statement must not be used in a proceeding other\nthan the principal proceeding unless—\n(a) a finding of guilt has been made in the principal proceeding; or\n(b) the court hearing the principal proceeding—\n(i) is satisfied, on application by a party seeking to use the\nstatement in another proceeding, that the statement has\nsubstantial probative value to justify the party’s use of the\nstatement; and\n(ii) makes an order allowing the statement to be used.\n(2) An order under subsection (1) (b) (ii) may include any conditions the\ncourt considers appropriate having regard to the nature of the alleged\noffence and the circumstances of the maker of the statement.\n\nPart 7.1 Evidence of witnesses with disabilities or vulnerabilities\nChapter 7 Evidence in any proceedings—\nother matters\nPart 7.1 Evidence of witnesses with\ndisabilities or vulnerabilities\n100 Meaning of witness with a disability—pt 7.1\nFor this part, a witness with a disability is a person who gives\nevidence in a proceeding and has a mental or physical disability that\naffects the person’s ability to give evidence.\n","sortOrder":132},{"sectionNumber":"101","sectionType":"section","heading":"Child or witness with disability may have support person","content":"101 Child or witness with disability may have support person\nin court\n(1) This section applies to any of the following people (a witness) giving\nevidence in a proceeding:\n(a) a child;\n(b) a witness with a disability.\n(2) The court must, on application by a party that intends to call a witness,\norder that, while the witness gives evidence, the witness have a person\n(a support person) in the court who is—\n(a) for a witness with a vision impairment—close enough to the\nwitness for the court to be satisfied that the witness is aware of\nthe person’s presence; or\n(b) for any other witness—close to the witness and within the\nwitness’s sight.\n(3) The court may order that a witness have more than 1 support person\nif it considers it is in the interests of justice.\n\nEvidence of witnesses with disabilities or vulnerabilities Part 7.1\n(4) The support person must not—\n(a) speak for the witness during the proceeding; or\n(b) otherwise interfere in the proceeding.\n(5) Unless the court otherwise orders, the support person must not be, or\nbe likely to be, a witness or party in the proceeding.\n(6) If the proceeding is a trial by jury, the court must tell the jury that—\n(a) a witness having a support person in the court while giving\nevidence is a usual practice; and\nor give the evidence more or less weight, because the support\nperson is present.\n","sortOrder":133},{"sectionNumber":"102","sectionType":"section","heading":"Witness with vulnerability may give evidence in closed","content":"102 Witness with vulnerability may give evidence in closed\ncourt\n(1) This section applies to a person (the witness) giving evidence in a\nproceeding if the court considers that the person has a vulnerability\nthat affects the person’s ability to give evidence because of—\n(a) the circumstances of the proceeding; or\n(b) the person’s circumstances.\n1 the person is likely to suffer severe emotional trauma because of the nature of\nthe alleged offence\n2 the person is intimidated or distressed because of the person’s relationship to\nthe accused person\n(2) The court may order that the court be closed to the public while all or\npart of the witness’s evidence (including evidence under\ncross-examination) is given.\nNote The accused is entitled to a fair and public hearing, but the court may\n\n","sortOrder":134},{"sectionNumber":"Part 7","sectionType":"part","heading":"1 Evidence of witnesses with disabilities or vulnerabilities","content":"Part 7.1 Evidence of witnesses with disabilities or vulnerabilities\n(3) In deciding whether to order that the court be closed to the public, the\ncourt must consider whether—\n(a) the witness wants to give evidence in open court; and\n(b) it is in the interests of justice that the witness give evidence in\nopen court.\n(4) However, an order under this section does not stop the following\npeople from being in court when the witness gives evidence:\n(a) a person nominated by the witness;\n(b) a person who attends the proceeding to prepare a news report of\nthe proceeding and is authorised to attend for that purpose by the\nperson’s employer.\nNote Publishing certain information in relation to sexual offence proceedings\nis an offence (see s 74).\n(5) In this section, a reference to a person giving evidence includes the\nperson giving evidence by the playing of an audiovisual recording of\nthe evidence at a hearing under division 4.3.3 (Special\nrequirements—audiovisual recording of police interview) or\ndivision 4.3.4 (Giving evidence at pre-trial hearing).\n","sortOrder":135},{"sectionNumber":"103","sectionType":"section","heading":"Making of s 101 and s 102 orders—court not bound by","content":"103 Making of s 101 and s 102 orders—court not bound by\nrules of evidence\nFor the purpose of making an order under section 101 or section 102,\nthe court is not bound by the rules of evidence and may inform itself\nas it considers appropriate.\n\nEvidence in any proceedings—miscellaneous Part 7.2\nPart 7.2 Evidence in any proceedings—\nmiscellaneous\n","sortOrder":136},{"sectionNumber":"104","sectionType":"section","heading":"Proof of document under law of Commonwealth country","content":"104 Proof of document under law of Commonwealth country\n(1) This section applies if it is proved in a proceeding that a document is,\nunder the law of a Commonwealth country, admissible in evidence in\nthe courts in that country by the production of a copy of the document.\nNote 1 Proceeding—see the Legislation Act, dictionary, pt 1.\nNote 2 The Evidence Act 2011, s 48 and s 49 deal with other documents in\nforeign countries in proceedings in an ACT court.\n(2) Evidence of the document, or of an extract from the document, may\nbe given in the proceeding by producing—\n(a) a copy of the document or an extract from the document that is\nproved to be an examined copy of the document or extract; or\n(b) a document (the copy document) that is or purports to be a copy\nof the document or extract if there is endorsed on or annexed to\nthe copy document a certificate by the person having custody of\nthe original document that the document is a true copy of the\ndocument or extract of which it is or purports to be a copy.\n(3) The production of a document that is or purports to be a certificate\nmentioned in subsection (2) (b) is evidence in a proceeding that the\nperson by whom the certificate purports to be signed is the person\nwho has custody of the original document or extract mentioned in the\ncertificate without further proof of that fact.\n\nPart 7.2 Evidence in any proceedings—miscellaneous\n(4) This section does not apply to a document mentioned in\nsubsection (1) unless—\n(a) the party who presents evidence of the contents of the document\nhas, not less than 28 days (or any other period prescribed by\nregulation or by rules of court) before the day on which the\nevidence is presented, served on each other party a copy of the\ndocument proposed to be tendered; or\n(b) the court directs that it must apply.\ncourt means an ACT court or evidence receiving entity.\n\nEvidence in any proceedings—extended application of Evidence Act Part 7.3\nPart 7.3 Evidence in any proceedings—\nextended application of Evidence\nAct\n","sortOrder":137},{"sectionNumber":"105","sectionType":"section","heading":"Extended application of Evidence Act—interpreters","content":"105 Extended application of Evidence Act—interpreters\nThe Evidence Act 2011, section 30 applies to a proceeding in an\nevidence receiving entity.\nNote 1 Proceeding—see the Legislation Act, dictionary, pt 1.\nNote 2 The Evidence Act 2011, s 30 provides that a witness in a proceeding in\nan ACT court may give evidence through an interpreter unless the witness\ncan understand and speak the English language sufficiently to enable the\nwitness to understand, and to make an adequate reply to, a question put\nto the witness.\n\n","sortOrder":138},{"sectionNumber":"110","sectionType":"section","heading":"Application—ch 8","content":"110 Application—ch 8\nThis chapter applies to—\n(a) a proceeding in the Supreme Court; or\n(b) a proceeding in the Magistrates Court; or\n(c) an inquest or inquiry under the Coroners Act 1997.\n","sortOrder":139},{"sectionNumber":"111","sectionType":"section","heading":"Prohibition of publication of evidence etc","content":"111 Prohibition of publication of evidence etc\n(1) This section applies if a court considers that—\n(a) the publication of evidence given, or intended to be given, in a\nproceeding is likely to prejudice the administration of justice; or\n(b) in the interests of the administration of justice the names of any\nof the following people should not be published:\n(i) a party to the proceeding;\n(ii) a witness, or intended witness, in the proceeding.\n(2) The court may, at any time during or after the hearing of the\nproceeding, make an order forbidding the publication of—\n(a) the evidence or a stated part of the evidence; or\n(b) a report of the evidence; or\n(c) the name of the party or witness.\n(3) The court may make an order under subsection (2) (a) or (b) subject\nto any stated condition or for any period the court considers\n(4) If a court makes an order under subsection (2), the court may, if it\nconsiders it appropriate, direct that stated people, or everyone except\nstated people, remain outside the courtroom for a stated period.\n\nPublication of evidence Chapter 8\n(5) For this section, the publication of a reference or allusion to a person\nis taken to be a publication of the person’s name if—\n(a) the reference or allusion discloses the person’s identity; or\n(b) the person’s identity might reasonably be worked out from the\nreference or allusion.\n","sortOrder":140},{"sectionNumber":"112","sectionType":"section","heading":"Noncompliance with s 111 order","content":"112 Noncompliance with s 111 order\nA person commits an offence if the person does not comply with an\norder or direction under section 111.\n\n","sortOrder":141},{"sectionNumber":"120","sectionType":"section","heading":"Approved forms","content":"120 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the approved\nform must be used for the purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":142},{"sectionNumber":"121","sectionType":"section","heading":"Regulation-making power","content":"121 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may prescribe the amounts, or the way of working out\namounts, payable to a territory court in relation to the cost of, or\nincidental to, the provision of an audiovisual link or audio link and\nancillary equipment for chapter 3 (Use of audiovisual links and audio\nlinks).\naudio link—see section 16 (Definitions—ch 3).\nterritory court—see section 16 (Definitions—ch 3).\n\nTransitional—Crimes (Disclosure) Legislation Amendment Act 2024 Chapter 13\n","sortOrder":143},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional—Crimes","content":"Chapter 13 Transitional—Crimes\n(Disclosure) Legislation\nAmendment Act 2024\n","sortOrder":144},{"sectionNumber":"165","sectionType":"section","heading":"Meaning of commencement day—ch 13","content":"165 Meaning of commencement day—ch 13\ncommencement day means the day the Crimes (Disclosure)\nLegislation Amendment Act 2024, section 12 commences.\n","sortOrder":145},{"sectionNumber":"166","sectionType":"section","heading":"Amendments do not apply to proceedings begun before","content":"166 Amendments do not apply to proceedings begun before\ncommencement day\nThe amendments to this Act made by the Crimes (Disclosure)\nLegislation Amendment Act 2024 do not apply to a proceeding that\nwas begun before the commencement day.\n","sortOrder":146},{"sectionNumber":"167","sectionType":"section","heading":"Amendments apply to protected confidences made","content":"167 Amendments apply to protected confidences made\nbefore, on or after commencement day\n(1) The amendments to this Act made by the Crimes (Disclosure)\nLegislation Amendment Act 2024 apply to a protected confidence\nmade before, on or after the commencement day.\n(2) This section is subject to section 166.\n","sortOrder":147},{"sectionNumber":"168","sectionType":"section","heading":"Expiry—ch 13","content":"168 Expiry—ch 13\nThis chapter expires 3 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• adult\n• child\n• Childrens Court\n• Commonwealth country\n• Coroner’s Court\n• doctor\n• document\n• DPP\n• entity\n• Executive\n• foreign country\n• found guilty\n• Governor-General\n• lawyer\n• may (see s 146)\n• Minister (see s 162)\n• must (see s 146)\n• oath\n• sentence administration board\n• take (an oath).\nACT court—see the Evidence Act 2011, dictionary, part 1.\naudio link, for chapter 3 (Use of audiovisual links and audio links)—\nsee section 16.\naudiovisual link means a system of 2-way communication linking\ndifferent places so that a person at any of them can be seen and heard\nat the other places.\n\naudiovisual recording, for division 4.3.3 (Special requirements—\naudiovisual recording of police interview)—see section 51.\nchild, in a proceeding, for part 4.2 (What special requirements apply\ncivil proceeding, for division 4.4.3 (Sexual and family violence\noffence proceedings—protection of counselling communications)—\nsee section 79.\ncomplainant, in relation to a proceeding for an offence, for part 4.2\n(What special requirements apply to particular proceedings)—see\nsection 42.\ncounselled person, for division 4.4.3 (Sexual and family violence\noffence proceedings—protection of counselling communications)—\nsee section 79A (1).\ncounselling, for division 4.4.3 (Sexual and family violence offence\ncounsellor, for division 4.4.3 (Sexual and family violence offence\ncourt, for part 2.2 (Evidence of children—audiovisual links)—see\nsection 5.\ncriminal proceeding—\n(a) for this Act generally—see the Court Procedures Rules 2006,\ndictionary; and\n(b) for division 4.4.3 (Sexual and family violence offence\ndangerously ill person, for chapter 6 (Evidence in criminal\nproceedings—dangerously ill people)—see section 90.\n\ndocument recording a protected confidence, for division 4.4.3\n(Sexual and family violence offence proceedings—protection of\ncounselling communications)––see section 79.\nevidence receiving entity means an entity other than an ACT court\nthat is authorised under a law in force in the ACT, or by consent of\nparties, to receive evidence.\n1 ACAT\n2 judicial commission\n3 remuneration tribunal\n4 sentence administration board\nexternal place, for a proceeding, means a place other than the\ncourtroom where the proceeding is heard.\nfamily member, for part 4.2 (What special requirements apply to\nparticular proceedings)—see the Family Violence Act 2016,\nsection 9.\nfamily violence offence, for chapter 4 (Sexual, violent and family\nviolence offence proceedings)—see the Family Violence Act 2016,\nfamily violence offence proceeding, for chapter 4 (Sexual, violent\nand family violence offence proceedings)––see section 38.\ngive evidence, in a proceeding by audiovisual link—\n(a) for part 2.2 (Evidence of children—audiovisual links)—see\nsection 6; and\n(b) for division 4.3.5 (Giving evidence by audiovisual link)—see\nsection 67.\nground rules hearing, for chapter 1A (Ground rules hearings—\ncriminal proceedings)—see section 4AA.\nharm, for division 4.4.3 (Sexual and family violence offence\n\nintellectually impaired, for part 4.2 (What special requirements apply\nintermediaries administrator, for chapter 1B (Witness\nintermediaries—criminal proceedings)—see section 4AG.\nintermediary, for a witness in a criminal proceeding—see\nsection 4AG.\nless serious violent offence proceeding, for chapter 4 (Sexual, violent\nand family violence offence proceedings)––see section 39.\nMagistrates Court, for part 2.2 (Evidence of children—audiovisual\nlinks)—see section 5.\nparticipating State, for chapter 3 (Use of audiovisual links and audio\nlinks)––see section 16.\npreliminary criminal proceeding, for division 4.4.3 (Sexual and\nfamily violence offence proceedings—protection of counselling\ncommunications)––see section 79.\nprincipal proceeding, for chapter 6A (Victim impact statements)—\nsee section 95.\nproceeding—\n(a) for this Act generally—see the Legislation Act, dictionary,\npart 1; and\n(b) for part 2.2 (Evidence of children—audiovisual links)—see\nsection 5; and\n(c) for part 4.1 (Kinds of proceedings)—see section 37; and\n(d) for division 4.4.3 (Sexual and family violence offence\nprotected confidence, for division 4.4.3 (Sexual and family violence\noffence proceedings—protection of counselling communications)––\nsee section 79A.\n\nprotected confidence evidence, for division 4.4.3 (Sexual and family\nviolence offence proceedings—protection of counselling\ncommunications)––see section 79.\nrecognised court, for chapter 3 (Use of audiovisual links and audio\nlinks)––see section 16.\nrecorded statement, for part 4.5 (Special requirements—evidence in\nfamily violence offence proceedings)—see section 81.\nrelevant proceeding, for part 4.3 (Special requirements—general)—\nsee section 46.\nserious violent offence proceeding, for chapter 4 (Sexual, violent and\nfamily violence offence proceedings)––see section 40.\nsexual offence proceeding, for chapter 4 (Sexual, violent and family\nviolence offence proceedings)––see section 41.\nsimilar act witness, for part 4.2 (What special requirements apply to\nparticular proceedings)—see section 42.\nspecial relationship witness, for part 4.2 (What special requirements\napply to particular proceedings)—see section 42.\nState, for chapter 3 (Use of audiovisual links and audio links)––see\nsection 16.\nterritory court, for chapter 3 (Use of audiovisual links and audio\nlinks)—see section 16.\ntribunal, in relation to a State, for chapter 3 (Use of audiovisual links\nand audio links)––see section 16.\nvictim impact statement, for chapter 6A (Victim impact\nstatements)—see the Crimes (Sentencing) Act 2005, section 47.\nvulnerable adult, for part 4.2 (What special requirements apply to\nparticular proceedings)—see section 42.\n\nwitness—\n(a) for chapter 1A (Ground rules hearings—criminal\nproceedings)—see section 4AA; and\n(b) for chapter 1B (Witness intermediaries—criminal\nproceedings)—see section 4AG; and\n(c) for part 4.3 (Special requirements—general)—see section 46.\nwitness with disability, for part 4.2 (What special requirements apply\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nThe Evidence (Miscellaneous Provisions) Act 1991 was formerly the Evidence\n(Closed-Circuit Television) Act 1991. It was renamed by the Justice and\nCommunity Safety Legislation Amendment Act 2000 (No 3) No 17 (see sch 1).\nAfter 11 May 1989 and before 10 November 1999, Acts commenced on notification\nday unless otherwise stated (see Australian Capital Territory (Self-Government)\nAct 1988 (Cwlth), s 25).\nEvidence (Miscellaneous Provisions) Act 1991 A1991-34\nnotified 21 August 1991 (Gaz 1991 No S84)\ncommenced 21 August 1991\nas amended by\nEvidence (Closed-Circuit Television) (Amendment) Act 1992\nA1992-80\nnotified 24 December 1992 (Gaz 1992 No S236)\ncommenced 24 December 1992 (s 2)\nEvidence (Closed-Circuit Television) (Amendment) Act 1994\nA1994-24\nnotified 31 May 1994 (Gaz 1994 No S93)\ncommenced 31 May 1994 (s 2)\nEvidence (Closed-Circuit Television) (Amendment) Act (No 2) 1994\nA1994-96\nnotified 15 December 1994 (Gaz 1994 No S280)\ncommenced 15 December 1994 (s 2)\nEvidence (Closed-Circuit Television) (Amendment) Act 1996\nA1996-25\nnotified 21 June 1996 (Gaz 1996 No S124)\ncommenced 21 June 1996 (s 2)\nEvidence (Closed-Circuit Television) (Amendment) Act 1998\nA1998-45\nnotified 30 October 1998 (Gaz 1998 No S204)\ncommenced 30 October 1998 (s 2)\n\nChildren and Young People (Consequential Amendments) Act 1999\nA1999-64 sch 2\nnotified 10 November 1999 (Gaz 1999 No 45)\ns 1, s 2 commenced 10 November 1999 (IA s 10B)\nsch 2 commenced 10 May 2000 (s 2 (2))\nVictims of Crime (Financial Assistance) (Amendment) Act 1999\nA1999-91 sch 2\nnotified 23 December 1999 (Gaz 1999 No S65)\ns 1, s 2 commenced 23 December 1999 (IA s 10B)\nsch 2 commenced 24 December 1999 (s 2 (2) and Gaz 1999 No S69)\nJustice and Community Safety Legislation Amendment Act 2000\n(No 3) A2000-17 sch 1\nnotified 1 June 2000 (Gaz 2000 No 22)\nsch 1 commenced 1 June 2000 (s 2)\nLegislation (Consequential Amendments) Act 2001 A2001-44 pt 136\nnotified 26 July 2001 (Gaz 2001 No 30)\ns 1, s 2 commenced 26 July 2001 (IA s 10B)\npt 136 commenced 12 September 2001 (s 2 and see Gaz 2001\nNo S65)\nRehabilitation of Offenders (Interim) Act 2001 A2001-82 sch 1 pt 1.3\nnotified 10 September 2001 (Gaz 2001 No S66)\ns 1, s 2 commenced 10 September 2001 (IA s 10B)\nsch 1 pt 1.3 commenced 24 September 2001 (s 2 and CN 2001 No 4)\nProtection Orders (Consequential Amendments) Act 2001\nA2001-90 pt 6\nnotified LR 27 September 2001\ns 1, s 2 commenced 27 September 2001 (LA s 75)\npt 6 commenced 27 March 2002 (LA s 79)\nStatute Law Amendment Act 2002 A2002-30 pt 1.1\nnotified LR 16 September 2002\ns 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))\npt 1.1 commenced 17 September 2002 (s 2 (1))\n\nStatute Law Amendment Act 2002 (No 2) A2002-49 pt 3.7\nnotified LR 20 December 2002\ns 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))\npt 3.7 commenced 17 January 2003 (s 2 (1))\nEvidence (Miscellaneous Provisions) Amendment Act 2003 A2003-48\ns 4, sch 1 (as am A2004-18 pt 7)\nnotified LR 31 October 2003\ns 1, s 2 commenced 31 October 2003 (LA s 75 (1))\ns 4, sch 1 commenced 30 April 2004 (s 2 and LA s 79)\nSexuality Discrimination Legislation Amendment Act 2004 A2004-2\nsch 2 pt 2.5\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\namdt 2.11 commenced 22 March 2004 (s 2 and CN2004-4)\nremainder sch 2 pt 2.5 commenced 30 April 2004 (s 2 and LA s 79A)\nJustice and Community Safety Legislation Amendment Act 2004\nA2004-18 pt 7\nnotified LR 6 April 2004\ns 1, s 2 commenced 6 April 2004 (LA s 75 (1))\npt 7 commenced 30 April 2004 (s 2 and LA s 79A)\nNote This Act only amends the Evidence (Miscellaneous Provisions)\nAmendment Act 2003 A2003-48).\nDomestic Violence and Protection Orders Amendment Act 2005\nA2005-13 sch 1 pt 1.8\nnotified LR 24 March 2005\ns 1, s 2 commenced 24 March 2005 (LA s 75 (1))\nsch 1 pt 1.8 commenced 25 March 2005 (s 2)\nCriminal Code (Administration of Justice Offences) Amendment\nAct 2005 A2005-53 sch 1 pt 1.10\nnotified LR 26 October 2005\ns 1, s 2 commenced 26 October 2005 (LA s 75 (1))\nsch 1 pt 1.10 commenced 23 November 2005 (s 2)\n\nSentencing Legislation Amendment Act 2006 A2006-23 sch 1 pt 1.17\nnotified LR 18 May 2006\ns 1, s 2 commenced 18 May 2006 (LA s 75 (1))\nsch 1 pt 1.17 commenced 2 June 2006 (s 2 (1) and see Crimes\n(Sentence Administration) Act 2005 A2005-59 s 2, Crimes\n(Sentencing) Act 2005 A2005-58, s 2 and LA s 79)\nJustice and Community Safety Legislation Amendment Act 2006\nA2006-40 sch 2 pt 2.16, amdt 2.90\nnotified LR 28 September 2006\ns 1, s 2 commenced 28 September 2006 (LA s 75 (1))\nsch 2 pt 2.16, amdt 2.90 commenced 29 September 2006 (s 2 (1))\nCorrections Management Act 2007 A2007-15 sch 1 pt 1.4\nnotified LR 18 June 2007\ns 1, s 2 commenced 18 June 2007 (LA s 75 (1))\nsch 1 pt 1.4 commenced 18 December 2007 (s 2 and LA s 79)\nChildren and Young People Act 2008 A2008-19 sch 1 pt 1.7\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\nsch 1 pt 1.7 commenced 27 February 2009 (s 2 and CN2008-17 (and\nsee CN2008-13))\nChildren and Young People (Consequential Amendments) Act 2008\nA2008-20 sch 2 pt 2.7, sch 3 pt 3.13, sch 4 pt 4.15\nnotified LR 17 July 2008\ns 1, s 2 commenced 17 July 2008 (LA s 75 (1))\ns 3 commenced 18 July 2008 (s 2 (1))\nsch 2 pt 2.7 commenced 9 September 2008 (s 2 (3) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nsch 3 pt 3.13 commenced 27 October 2008 (s 2 (4) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-13)\nsch 4 pt 4.15 commenced 27 February 2009 (s 2 (5) and see Children\nand Young People Act 2008 A2008-19, s 2 and CN2008-17 (and see\nCN2008-13))\nSexual and Violent Offences Legislation Amendment Act 2008\nA2008-41 pt 2\nnotified LR 8 September 2008\ns 1, s 2 commenced 8 September (LA s 75 (1))\npt 2 commenced 30 May 2009 (s 2 and CN2009-3)\n\nCrimes Legislation Amendment Act 2008 A2008-44 sch 1 pt 1.9\nnotified LR 9 September 2008\ns 1, s 2 commenced 9 September 2008\nsch 1 pt 1.9 commenced 30 May 2009 (s 2 and CN2009-4)\nDomestic Violence and Protection Orders Act 2008 A2008-46 sch 3\npt 3.9\nnotified LR 10 September 2008\ns 1, s 2 commenced 10 September 2008 (LA s 75 (1))\namdt 3.21 commenced 30 March 2009 (s 2)\nsch 3 pt 3.9 remainder commenced 30 May 2009 (LA s 79A and see\nA2008-41)\nJustice and Community Safety Legislation Amendment\nAct 2009 A2009-7 sch 1 pt 1.6\nnotified LR 5 March 2009\ns 1, s 2 commenced 5 March 2009 (LA s 75 (1))\nsch 1 pt 1.6 commenced 30 May 2009 (s 2 (4) and see Crimes\nLegislation Amendment Act 2008 A2008-44, s 2 and CN2009-4)\nCrimes Legislation Amendment Act 2009 A2009-24 sch 1 pt 1.8\nnotified LR 3 September 2009\ns 1, s 2 commenced 3 September 2009 (LA s 75 (1))\nsch 1 pt 1.8 commenced 4 September 2009 (s 2)\nEducation (Participation) Amendment Act 2009 A2009-40 sch 1 pt 1.2\nnotified LR 17 November 2009\ns 1, s 2 commenced 17 November 2009 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 January 2010 (s 2)\nJustice and Community Safety Legislation Amendment Act 2010\n(No 3) A2010-40 sch 2 pt 2.8\nnotified LR 5 October 2010\ns 1, s 2 commenced 5 October 2010 (LA s 75 (1))\ns 3 commenced 6 October 2010 (s 2 (1))\nsch 2 pt 2.8 commenced 2 November 2010 (s 2 (2))\nEvidence (Miscellaneous Provisions) Amendment Act 2011 A2011-29\nnotified LR 31 August 2011\ns 1, s 2 commenced 31 August 2011 (LA s 75 (1))\nremainder commenced 1 March 2012 (s 2 and see Evidence Act 2011\nA2011-12, s 2 and CN2012-4)\n\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.19\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.19 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.13\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.13 commenced 11 September 2012 (s 2)\nCrimes Legislation Amendment Act 2013 A2013-12 pt 7\nnotified LR 17 April 2013\ns 1, s 2 commenced 17 April 2013 (LA s 75 (1))\npt 7 commenced 24 April 2013 (s 2)\nStatute Law Amendment Act 2013 A2013-19 sch 3 pt 3.18\nnotified LR 24 May 2013\ns 1, s 2 commenced 24 May 2013 (LA s 75 (1))\nsch 3 pt 3.18 commenced 14 June 2013 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.14\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.14 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nMagistrates Court (Industrial Proceedings) Amendment Act 2013\nA2013-43 sch 1 pt 1.2\nnotified LR 7 November 2013\ns 1, s 2 commenced 7 November 2013 (LA s 75 (1))\nsch 1 pt 1.2 commenced 8 November 2013 (s 2)\nCrimes (Domestic and Family Violence) Legislation Amendment\nAct 2015 A2015-40 pt 4\nnotified LR 4 November 2015\ns 1, s 2 commenced 4 November 2015 (LA s 75 (1))\npt 4 commenced 4 May 2016 (s 2 (2))\n\nFamily Violence Act 2016 A2016-42 sch 2 pt 2.4, sch 3 pt 3.14 (as am\nby A2017-10 s 7)\nnotified LR 18 August 2016\ns 1, s 2 commenced 18 August 2016 (LA s 75 (1))\nsch 2 pt 2.4, sch 3 pt 3.14 commence 1 May 2017 (s 2 (2) as am by\nA2017-10 s 7)\nCommercial Arbitration Act 2017 A2017-7 sch 1 pt 1.2\nnotified LR 4 April 2017\ns 1A, s 1B commenced 4 April 2017 (LA s 75 (1))\nsch 1 pt 1.2 commenced 1 July 2017 (s 1B and CN2017-1)\nFamily and Personal Violence Legislation Amendment Act 2017\nA2017-10 pt 2, s 7\nnotified LR 6 April 2017\ns 1, s 2 commenced 6 April 2017 (LA s 75 (1))\npt 2, s 7 commenced 30 April 2017 (s 2 (1))\nNote This Act, s 7 only amends the Family Violence Act 2016\nA2016-42.\nStatute Law Amendment Act 2017 (No 2) A2017-28 sch 3 pt 3.5\nnotified LR 27 September 2017\ns 1, s 2 commenced 27 September 2017 (LA s 75 (1))\nsch 3 pt 3.5 commenced 11 October 2017 (s 2)\nCourts and Other Justice Legislation Amendment Act 2018 A2018-9\npt 9\nnotified LR 29 March 2018\ns 1, s 2 commenced 29 March 2018 (LA s 75 (1))\npt 9 commenced 26 April 2018 (s 2)\nRoyal Commission Criminal Justice Legislation Amendment Act 2018\nA2018-46 pt 4\nnotified LR 4 December 2018\ns 1, s 2 commenced 4 December 2018 (LA s 75 (1))\npt 4 commenced 5 December 2018 (s 2)\n\nEvidence (Miscellaneous Provisions) Amendment Act 2019\nA2019-41 pt 2\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\ns 3 commenced 31 January 2020 (s 2 and CN2020-2)\ns 4 (so far as it ins ch 1B hdg, ss 4AG-4AI), s 7 (so far as it ins\ndef intermediaries administrator) commenced 31 January 2020\n(s 2 and CN2020-2)\npt 2 remainder commenced 9 March 2020 (s 2 and CN2020-4)\nCOVID-19 Emergency Response Act 2020 A2020-11 sch 1 pt 1.5\nnotified LR 7 April 2020\ns 1, s 2 commenced 7 April 2020 (LA s 75 (1))\nsch 1 pt 1.5 commenced 8 April 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 sch 1 pt 1.12\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\nsch 1 pt 1.12 commenced 14 May 2020 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2021\nA2021-1 sch 1 pt 1.10\nnotified LR 19 February 2021\ns 1, s 2 commenced 19 February 2021 (LA s 75 (1))\nsch 1 pt 1.10 commenced 20 February 2021 (s 2 (1))\nFamily Violence Legislation Amendment Act 2022 A2022-13 pt 4\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\npt 4 commenced 17 August 2022 (s 2)\nJustice and Community Safety Legislation Amendment Act 2023\nA2023-13 pt 3\nnotified LR 11 April 2023\ns 1, s 2 commenced 11 April 2023 (LA s 75 (1))\npt 3 commenced 12 April 2023 (s 2)\n\nSexual Assault Reform Legislation Amendment Act 2023\nA2023-15 pt 4\nnotified LR 17 May 2023\ns 1, s 2 commenced 17 May 2023 (LA s 75 (1))\npt 4 commenced 24 May 2023 (s 2)\nCrimes (Disclosure) Legislation Amendment Act 2024 A2024-27 pt 3\nnotified LR 19 June 2024\ns 1, s 2 commenced 19 June 2024 (LA s 75 (1))\npt 3 commenced 20 June 2024 (s 2 (1))\nWorkplace Legislation Amendment Act 2025 (No 2) A2025-27 pt 2\nnotified LR 3 October 2025\ns 1, s 2 commenced 3 October 2025 (LA s 75 (1))\npt 2 commenced 10 October 2025 (s 2 (2))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.38, sch 4\npt 4.72\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.38, sch 4 pt 4.72 commenced 16 November 2025 (s 2 (1),\n(9))\n\nTitle\ntitle sub A2000-17 sch 1\nPreliminary\nch 1 hdg (prev pt 1 hdg) ins A2000-17 sch 1\nrenum as ch 1 hdg A2015-40 s 49\nPreliminary\npt 1 hdg renum as ch 1 hdg\nName of Act\ns 1 sub A2000-17 sch 1\ns 2 hdg sub A2000-17 sch 1\ns 2 am 1994-24; A1994-96; A2000-17 sch 1\nom A2003-48 amdt 1.3\nNotes\ns 3 orig s 3 renum as s 6\nam A2011-29 s 4\n(2), (3) exp 1 March 2013 (s 3 (3))\nPrescribed witnesses\ns 3A renum as s 4\nOffences against Act—application of Criminal Code etc\ns 4 (prev s 3A) ins A1994-96\nam A1996-25; A1998-45; A2000-17 sch 1\nrenum A2000-17 sch 1\nam A2002-30 amdt 1.1\nom A2004-48 amdt 1.5\nam A2005-53 amdt 1.49\nLocation of child giving evidence\ns 4A renum as s 6\nGround rules hearings—criminal proceedings\nch 1A ins A2019-41 s 4\nDefinitions—ch 1A\ns 4AA ins A2019-41 s 4\ndef ground rules hearing ins A2019-41 s 4\ndef witness ins A2019-41 s 4\n\nDirection to hold ground rules hearing\ns 4AB ins A2019-41 s 4\nGround rules hearings—time limits\ns 4AC ins A2019-41 s 4\nGround rules hearings—who must attend\ns 4AD ins A2019-41 s 4\nGround rules hearings—intermediary’s report\ns 4AE ins A2019-41 s 4\nGround rules hearings—directions\ns 4AF ins A2019-41 s 4\nWitness intermediaries—criminal proceedings\nch 1B hdg ins A2019-41 s 4\nDefinitions\ns 4AG ins A2019-41 s 4\ndef intermediaries administrator ins A2019-41 s 4\ndef intermediary ins A2019-41 s 4\ndef witness ins A2019-41 s 4\nPanel of witness intermediaries\ns 4AH ins A2019-41 s 4\nFunctions of witness intermediaries\ns 4AI ins A2019-41 s 4\nAppointment of witness intermediary—generally\ns 4AJ ins A2019-41 s 4\nAppointment of witness intermediary—prescribed witnesses\ns 4AK ins A2019-41 s 4\nAppointment of witness intermediary—suitability of the intermediary for the\nwitness etc\ns 4AL ins A2019-41 s 4\nWitness to give evidence in presence of intermediary\ns 4AM ins A2019-41 s 4\nRelationship to other provisions of this Act\ns 4AN ins A2019-41 s 4\nEvidence of children\nch 2 hdg (prev pt 2 hdg) ins A2000-17 sch 1\nsub A2002-49 amdt 3.54; A2003-48 amdt 1.2\nrenum as ch 2 hdg A2015-40 s 49\n\nEvidence of children\npt 2 hdg renum as ch 2 hdg\nDealing with child witnesses\npt 2.1 hdg ins A2018-46 s 9\nPrinciples for dealing with child witnesses\ns 4A ins A2018-46 s 9\nEvidence of children—audiovisual links\npt 2.2 hdg ins A2018-46 s 9\nDefinitions—pt 2.2\ns 5 hdg am A2015-40 s 106\nsub A2018-46 s 10\ns 5 (prev s 4) am A1994-24; A1999-64 s 4 sch 2; A1999-91 s 13\nsch 2; A2000-17 sch 1; A2001-90 amdts 1.60-1.62; pars\nrenum R6 LA (see A2001-90 amdt 1.63)\nrenum as s 5 A2000-17 sch 1\nrenum as s 7 A2003-48 amdt 1.6\nins A2003-48 amdt 1.3\nam A2015-40 s 104; A2018-46 s 11\ndef court ins A2003-48 amdt 1.3\ndef Magistrates court ins A2003-48 amdt 1.3\nsub A2013-43 amdt 1.2\ndef prescribed witness ins A2003-48 amdt 1.3\nom A2011-29 s 5\ndef proceeding ins A2003-48 amdt 1.3\nam A2011-29 s 6\nMeaning of give evidence in a proceeding by audiovisual link—pt 2.2\ns 6 hdg am A2015-40 s 106\ns 6 (prev s 4A) ins A1994-24\nam A1994-96\nrenum as s 6 A2000-17 sch 1\nrenum as s 8 A2003-48 amdt 1.9\n(prev s 3) am A2000-17 sch 1\nrenum as s 6 A2003-48 amdt 1.4\nsub A2011-29 s 7\nsub A2018-46 s 12\nSworn or unsworn evidence\ns 7 orig s 7 om A1994-24\n(prev s 5) renum as s 7 and then s 9\n(prev s 5) renum as s 7 and then s 8\nins A2011-29 s 7\n\nProceedings to which pt 2.2 applies\ns 8 hdg am A2015-40 s 106; A2018-46 s 13\ns 8 (prev s 6) sub A1994-24\nam A1994-96\nrenum as s 8 A2000-17 sch 1\nrenum as s 10 A2003-48 amdt 1.16\n(prev s 6) am A2003-48 amdt 1.7, amdt 1.8\nrenum as s 8 A2003-48 amdt 1.9\nom A2011-29 s 9\n(prev s 5) renum as s 7 A2003-48 amdt 1.6\nam A2005-13 amdt 1.33; A2008-20 amdt 3.27; A2008-46\namdt 3.21\nrenum as s 8 A2011-29 s 8\nam A2015-40 s 104; A2016-42 amdt 3.61; A2018-46 s 14;\nA2025-29 amdt 3.111; pars renum R52 LA\nCourt’s discretions reorders\ns 8A renum as s 10 and then s 12\nChild giving evidence by audiovisual link\ns 9 (prev s 8) am A1994-24\nrenum as s 9 A2000-17 sch 1\nrenum as s 11 A2003-48 amdt 1.18\n(prev s 5) am A1994-24; A1994-96\nrenum as s 7 A2000-17 sch 1\nam A2003-48 amdts 1.10-1.12\nrenum as s 9 A2003-48 amdt 1.13\nRepresentation of child\ns 10 (prev s 8A) ins A1994-24\nam A1994-96; A2000-17 sch 1\nrenum as s 10 A2000-17 sch 1\nrenum as s 12 A2003-48 amdt 1.20\n(prev s 8) am A2003-48 amdt 1.14, amdt 1.15\nrenum as s 10 A2003-48 amdt 1.16\nConsequential orders—pt 2.2\ns 11 hdg am A2015-40 s 106; A2018-46 s 13\ns 11 (prev s 9) am A1994-24\nrenum as s 11 A2000-17 sch 1\nrenum as s 13 A2003-48 amdt 1.20\n(prev s 9) am A2003-48 amdt 1.17\nrenum as s 11 A2003-48 amdt 1.18\n\nMaking of orders—pt 2.2\ns 12 hdg (prev s 10 hdg) am A2000-17 sch 1; A2015-40 s 106;\nA2018-46 s 13\ns 12 (prev s 10) sub A1994-24\nam A1994-96; A2000-17 sch 1\nrenum as s 12 A2000-17 sch 1\nrenum as s 14 A2003-48 amdt 1.20\n(prev s 10) am A2003-48 amdt 1.19\nrenum as s 12 A2003-48 amdt 1.20\nJury warning about inferences from child giving evidence by audiovisual link\ns 13 (prev s 11) om A1992-80\nins A1994-24\nsub A1994-96\nrenum as s 13 A2000-17 sch 1\nrenum as s 15 A2003-48 amdt 1.21\n(prev s 11) renum as s 13 A2003-48 amdt 1.20\nFailure to comply with pt 2.2\ns 14 hdg am A2015-40 s 106; A2018-46 s 13\ns 14 orig s 14 renum as s 16 A2003-48 amdt 1.23\n(prev s 12) renum as s 14 A2003-48 amdt 1.20\nChild turns 18 during proceeding\ns 15 hdg (prev s 13 hdg) sub A2003-48 amdt 1.21\ns 15 orig s 15 renum as s 17 A2003-48 amdt 1.23\n(prev s 13) am A2003-48 amdt 1.21\nrenum as s 15 A2003-48 amdt 1.21\nUse of audiovisual links and audio links\nch 3 hdg (prev pt 3 hdg) ins A2000-17 sch 1\nrenum as ch 3 hdg A2015-40 s 49\nUse of audiovisual links and audio links\npt 3 hdg renum as ch 3 hdg\nPreliminary—ch 3\npt 3.1 hdg (prev div 3.1 hdg) sub as pt 3.1 hdg A2015-40 s 50\nPreliminary—pt 3\ndiv 3.1 hdg sub as pt 3.1 hdg\n\nDefinitions—ch 3\ns 16 hdg am A2015-40 s 106\ns 16 orig s 16 renum as s 18 A2003-48 amdt 1.23\n(prev s 14) ins A2000-17 sch 1\nam A2001-82 amdt 1.5\nrenum as s 16 A2003-48 amdt 1.23\nam A2015-40 s 104; A2017-7 amdt 1.3\ndef audiovisual link om A2003-48 amdt 1.22\ndef territory court am A2006-23 amdt 1.196; A2007-15\namdt 1.25; A2008-20 amdt 2.18; A2013-19 amdt 3.151;\nA2017-7 amdt 1.2; A2025-29 amdt 3.112\ndef tribunal am A2005-53 amdt 1.50\nApplication—ch 3\ns 17 hdg am A2015-40 s 106\ns 17 orig s 17 renum as s 19 A2003-48 amdt 1.23\n(prev s 15) ins A2000-17 sch 1\nrenum as s 17 A2003-48 amdt 1.23\nOperation of other Acts\ns 18 orig s 18 renum as s 20 A2003-48 amdt 1.23\n(prev s 16) ins A2000-17 sch 1\nrenum as s 18 A2003-48 amdt 1.23\nsub A2010-40 amdt 2.9\npt 3.2 hdg (prev div 3.2 hdg) ins A2000-17 sch 1\nsub A2010-40 amdt 2.10\nrenum as pt 3.2 hdg A2015-40 s 51\ndiv 3.2 hdg renum as pt 3.2 hdg\nApplication—pt 3.2\ns 19 hdg am A2015-40 s 102\ns 19 orig s 19 renum as s 21 A2003-48 amdt 1.23\n(prev s 17) ins A2000-17 sch 1\nrenum as s 19 A2003-48 amdt 1.23\nam A2011-29 s 10; A2015-40 s 103\n\nTerritory courts may take evidence and submissions from participating\nStates\ns 20 hdg sub A2010-40 amdt 2.11\ns 20 orig s 20 renum as s 22 A2003-48 amdt 1.23\n(prev s 18) ins A2000-17 sch 1\nrenum as s 20 A2003-48 amdt 1.23\nLegal practitioners entitled to practice\ns 21 orig s 21 renum as s 23 A2003-48 amdt 1.23\n(prev s 19) ins A2000-17 sch 1\nrenum as s 21 A2003-48 amdt 1.23\npt 3.3 hdg (prev div 3.3 hdg) ins A2000-17 sch 1\nrenum as pt 3.3 hdg A2015-40 s 51\ndiv 3.3 hdg renum as pt 3.3 hdg\nApplication—pt 3.3\ns 22 hdg am A2015-40 s 102\ns 22 orig s 22 renum as s 24 A2003-48 amdt 1.23\n(prev s 20) ins A2000-17 sch 1\nrenum as s 22 A2003-48 amdt 1.23\nRecognised courts may take evidence or receive submissions from people in\nACT\ns 23 orig s 23 renum as s 25 A2003-48 amdt 1.25\n(prev s 21) ins A2000-17 sch 1\nrenum as s 23 A2003-48 amdt 1.23\nPowers of recognised courts\ns 24 orig s 24 renum as s 26 A2003-48 amdt 1.27\n(prev s 22) ins A2000-17 sch 1\nrenum as s 24 A2003-48 amdt 1.23\nOrders made by recognised court\ns 25 orig s 25 renum as s 27 A2003-48 amdt 1.27\n(prev s 23) ins A2000-17 sch 1\nam A2003-48 amdt 1.24\nrenum as s 25 A2003-48 amdt 1.25\nEnforcement of order\ns 26 orig s 26 renum as s 28 A2003-48 amdt 1.27\n(prev s 24) ins A2000-17 sch 1\nam A2003-48 amdt 1.26\nrenum as s 26 A2003-48 amdt 1.27\n\nPrivileges, protection and immunity of participants in proceedings in courts\nof participating States\ns 27 orig s 27 renum as s 29 A2003-48 amdt 1.27\n(prev s 25) ins A2000-17 sch 1\nrenum as s 27 A2003-48 amdt 1.27\nRecognised court may administer oath in ACT\ns 28 orig s 28 renum as s 30 A2003-48 amdt 1.29\n(prev s 26) ins A2000-17 sch 1\nrenum as s 28 A2003-48 amdt 1.27\nam A2005-53 amdt 1.51, amdt 1.52\nAssistance to recognised court\ns 29 orig s 29 renum as s 31 A2003-48 amdt 1.29\n(prev s 27) ins A2000-17 sch 1\nrenum as s 29 A2003-48 amdt 1.27\nam A2005-53 amdt 1.53\nContempt of recognised courts\ns 30 orig s 30 renum as s 32 A2003-48 amdt 1.29\n(prev s 28) ins A2000-17 sch 1\nam A2003-48 amdt 1.28\nrenum as s 30 A2003-48 amdt 1.29\nom A2005-53 amdt 1.54\nUse of audiovisual links or audio links with other places in ACT proceedings\npt 3.4 hdg (prev div 3.4 hdg) ins A2000-17 sch 1\nsub A2010-40 amdt 2.12\nrenum as pt 3.4 hdg A2015-40 s 51\nsub A2018-9 s 41\nUse of audiovisual links or audio links with places other than participating\nStates in ACT proceedings\ndiv 3.4 hdg renum as pt 3.4 hdg\nApplication—pt 3.4\ns 31 hdg am A2015-40 s 102\ns 31 orig s 31 renum as s 33 A2003-48 amdt 1.29\n(prev s 29) ins A2000-17 sch 1\nrenum as s 31 A2003-48 amdt 1.29\nsub A2006-40 amdt 2.106; A2010-40 amdt 2.12\n\nTerritory courts may take evidence and submissions from another place\ns 32 hdg sub A2018-9 s 42\ns 32 orig s 32 renum as s 34 A2003-48 amdt 1.29\n(prev s 30) ins A2000-17 sch 1\nrenum as s 32 A2003-48 amdt 1.29\nsub A2010-40 amdt 2.12\nam A2011-29 s 11; A2015-40 s 103; A2017-28 amdt 3.13;\nA2018-9 ss 43-47; ss renum R39 LA\npt 3.5 hdg (prev div 3.5 hdg) ins A2000-17 sch 1\nrenum as pt 3.5 hdg A2015-40 s 51\ndiv 3.5 hdg renum as pt 3.5 hdg\nApplication—pt 3.5\ns 33 hdg am A2015-40 s 102\ns 33 orig s 33 renum as s 35 A2003-48 amdt 1.29\n(prev s 31) ins A2000-17 sch 1\nrenum as s 33 A2003-48 amdt 1.29\nam A2015-40 s 103, s 104\nProtection of confidentiality\ns 34 orig s 34 renum as s 36 A2003-48 amdt 1.31\n(prev s 32) ins A2000-17 sch 1\nrenum as s 34 A2003-48 amdt 1.29\nApplication of Listening Devices Act\ns 35 orig s 35 ins A2000-17 sch 1\nam A2001-44 amdt 1.1581\nom A2003-48 s 5 (as am A2004-18 s 21)\n(prev s 33) ins A2000-17 sch 1\nrenum as s 35 A2003-48 amdt 1.29\nGeneral matters\npt 3.6 hdg (prev div 3.6 hdg) ins A2000-17 sch 1\nrenum as pt 3.6 hdg A2015-40 s 51\nsub A2018-9 s 48\nCosts and expenses\ndiv 3.6 hdg renum as pt 3.6 hdg\nApplication—pt 3.6\ns 35A ins A2018-9 s 49\n\nAdministration of oaths and affirmations by audiovisual or audio link\ns 35B ins A2018-9 s 49\nPutting documents to person by audiovisual or audio link\ns 35C ins A2018-9 s 49\nPremises to be considered part of territory court\ns 35D ins A2018-9 s 49\nam A2025-29 amdt 3.113\nPower to order payment of costs\ns 36 (prev s 34) ins A2000-17 sch 1\nam A2003-48 amdt 1.30\nrenum as s 36 A2003-48 amdt 1.31\nam A2010-40 amdt 2.13; A2018-9 s 50\nSexual, violent and family violence offence proceedings\nch 4 hdg (prev pt 4 hdg) ins A2000-17 sch 1\nsub A2003-48 s 4 (as am A2004-18 s 20); A2011-29 s 12\nsub as ch 4 hdg A2015-40 s 52\nsub A2016-42 amdt 3.62; A2018-46 s 15\nEvidence in sexual and violent offence proceedings\npt 4 hdg sub as ch 4 hdg\nKinds of proceedings\npt 4.1 hdg ins A2015-40 s 52\nPreliminary—pt 4\ndiv 4.1 hdg sub as div 4.2.1 hdg\nFailure to comply with ch 4\ns 36A ins A2015-40 s 52\nMeaning of relevant person—ch 4\ns 36B hdg (prev s 38B hdg) sub A2015-40 s 60\ns 36B (prev s 38B) ins A2008-41 s 8\nsub A2009-7 amdt 1.18\nam A2011-29 s 16; A2012-40 amdt 3.49; A2015-40 s 61\nreloc and renum as s 36B A2015-40 s 62\nam A2016-42 amdts 3.63-3.65; pars renum R36 LA\n\nMeaning of relative—ch 4\ns 36C hdg (prev s 38BA hdg) sub A2015-40 s 63\ns 36C (prev s 38BA) ins A2009-7 amdt 1.18\nam A2012-40 amdts 3.50-3.52; A2013-39 amdt 2.30\n(A2013-39 never effective (see Commonwealth v Australian\nCapital Territory [2013] HCA 55)); A2015-40 s 64\nreloc and renum as s 36C A2015-40 s 65\nam A2016-42 amdts 3.66-3.68; pars renum R36 LA\nMeaning of intellectually impaired—ch 4\ns 36D ins A2015-40 s 52\nMeaning of proceeding—pt 4.1\ns 37 hdg sub A2015-40 s 54\ns 37 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2005-53 amdt 1.55\nsub A2008-41 s 4; A2018-46 s 15\ndef less serious violent offence ins A2008-41 s 4\nsub A2015-40 s 55\nam A2016-42 amdt 3.69\ndef proceeding am A2019-41 s 5\ndef serious violent offence ins A2008-41 s 4\nam A2011-29 s 13; A2015-40 s 56, s 57; pars renum R34\nLA\ndef sexual offence ins A2008-41 s 4\ndef sexual or violent offence ins A2015-40 s 58\ndef sexual or violent offence proceeding ins A2015-40 s 58\ndef similar act witness ins A2008-41 s 4\nam A2011-29 s 14; A2016-42 amdt 2.4\ndef violent offence ins A2008-41 s 4\ndef witness with a disability ins A2008-41 s 4\n\nMeaning of family violence offence proceeding—ch 4\ns 38 hdg sub A2011-29 s 15\nam A2015-40 s 95\ns 38 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2006-40 amdt 2.107; A2008-41 s 6, s 7; A2008-44\namdt 1.56, amdt 1.57; A2009-7 amdt 1.15, amdt 1.16\nam A2022-13 s 79\nMeaning of family violence offence—ch 4\ns 38A hdg am A2015-40 s 95\ns 38A ins A2008-41 s 8\nam A2008-44 amdt 1.58; A2009-7 amdt 1.17\nins A2022-13 s 79\nMeaning of relevant person—ch 4\ns 38B reloc and renum as s 36B\nMeaning of relative—ch 4\ns 38BA reloc and renum as s 36C\nAccused may be screened from witness in court\ns 38C ins A2008-41 s 8\nam A2009-7 amdt 1.19; A2009-24 amdt 1.20; A2011-29 s 17;\nss renum R26 LA\nExamination of witness by self-represented accused person—procedure\ns 38D ins A2008-41 s 8\nsub A2009-24 amdt 1.21\nam A2011-29 ss 18-20; ss renum R26 LA\nSexual and violent offence proceeding—witness may have support person in\ncourt\ns 38E hdg sub A2011-29 s 21\ns 38E ins A2008-41 s 8\nam A2009-24 amdt 1.22; A2011-29 s 22; ss renum R26 LA\nMeaning of less serious violent offence proceeding—ch 4\ns 39 ins A2003-48 s 6 (as am A2004-18 s 21)\nsub A2008-41 s 9\nam A2009-24 amdt 1.23; A2011-29 s 23, s 24; ss renum R26\nLA; A2015-40 ss 96-98\n\nMeaning of serious violent offence proceeding—ch 4\ns 40 hdg sub A2008-41 s 10\ns 40 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2011-29 s 25\nMeaning of complainant—div 4.2A\ns 40A ins A2008-41 s 11\nom A2015-40 s 67\nMeaning of sexual offence and violent offence—div 4.2.2A\ns 40AA hdg am A2015-40 s 96\ns 40AA ins A2011-29 s 26\nsub A2016-42 amdt 3.70\nMeaning of sexual offence proceeding—div 4.2.2A\ns 40B hdg sub A2015-40 s 68\ns 40B ins A2008-41 s 11\nam A2008-46 amdt 3.22; A2009-7 amdt 1.20; A2011-29 s 27;\nA2015-40 s 69\nMeaning of violent offence proceeding—div 4.2.2A\ns 40C hdg sub A2015-40 s 70\ns 40C ins A2008-41 s 11\nam A2008-46 amdt 3.23; A2009-7 amdt 1.21; A2011-29 s 28;\nA2015-40 s 71\nMeaning of witness—div 4.2.2A\ns 40D hdg sub A2015-40 s 72\ns 40D ins A2008-41 s 11\nam A2013-12 s 33, s 34; A2015-40 s 73; A2016-42 amdt 2.5,\namdt 2.6\nMeaning of audiovisual recording—div 4.2.2A\ns 40E hdg am A2015-40 s 96\ns 40E ins A2008-41 s 11\nAudiovisual recording may be admitted as evidence\ns 40F ins A2008-41 s 11\nAudiovisual recording—notice\ns 40G ins A2008-41 s 11\nam A2009-7 amdt 1.22, amdt 1.23\n\nAudiovisual recording—notice for access\ns 40H ins A2008-41 s 11\nAudiovisual recording—access to accused person\ns 40I ins A2008-41 s 11\nAudiovisual recording—admissibility\ns 40J ins A2008-41 s 11\nAudiovisual recording—jury trial\ns 40K ins A2008-41 s 11\nTranscript of audiovisual recording—access to court\ns 40L ins A2008-41 s 11\nAudiovisual recording—offences\ns 40M ins A2008-41 s 11\nam A2009-24 amdt 1.24\nMeaning of complainant—div 4.2.2B\ns 40N hdg am A2015-40 s 97\ns 40N ins A2008-41 s 11\nMeaning of sexual offence—div 4.2.2B\ns 40NA hdg am A2015-40 s 97\ns 40NA ins A2011-29 s 29\nsub A2016-42 amdt 3.71\nMeaning of sexual offence proceeding—div 4.2.2B\ns 40O hdg am A2015-40 s 97\ns 40O ins A2008-41 s 11\nam A2008-46 amdt 3.24; A2009-7 amdt 1.24; A2011-29 s 30;\nA2016-42 amdt 3.72\nMeaning of witness—div 4.2.2B\ns 40P hdg sub A2015-40 s 75\ns 40P ins A2008-41 s 11\nam A2011-29 s 31; ss renum R26 LA; A2013-12 s 35;\nA2015-40 s 76\n\nWitness may give evidence at pre-trial hearing\ns 40Q hdg sub A2009-24 amdt 1.25\ns 40Q ins A2008-41 s 11\nam A2009-24 amdts 1.26-1.28; ss renum R22 LA; A2015-40\ns 96\nWho may be present at pre-trial hearing\ns 40R ins A2008-41 s 11\nam A2011-29 s 32\nEvidence of witness at pre-trial hearing to be evidence at hearing\ns 40S ins A2008-41 s 11\nWitness may be required to attend hearing\ns 40T ins A2008-41 s 11\nam A2009-24 amdt 1.29; A2011-29 s 33; A2015-40 s 98\nEvidence of witness at pre-trial hearing—jury trial\ns 40U ins A2008-41 s 11\nRecording of witness’s evidence at pre-trial hearing admissible in related\ns 40V ins A2008-41 s 11\nAudiovisual recording of child’s evidence—admissibility\ns 40W ins A2008-41 s 11\nDefinitions—div 4.2.3\ns 40X hdg am A2015-40 s 98\ns 40X ins A2011-29 s 35\ndef give evidence in a proceeding by audiovisual link ins\nA2011-29 s 35\ndef proceeding ins A2011-29 s 35\n\nMeaning of sexual offence proceeding—ch 4\ns 41 hdg sub A2011-29 s 36\ns 41 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2005-13 amdt 1.34; A2008-41 s 13, s 14; A2008-44\namdt 1.59, amdt 1.60; A2009-7 amdt 1.25, amdt 1.26;\nA2015-40 s 78; pars renum R34 LA\nam A2025-27 s 4\nReferences to accused people—sexual offence proceedings under Work\nHealth and Safety Act 2011\ns 41A hdg am A2015-40 s 98\ns 41A ins A2008-41 s 15\nam A2008-44 amdt 1.61; A2008-46 amdt 3.25; A2009-7\namdt 1.27; A2011-29 s 37; A2015-40 s 79\nins A2025-27 s 5\nMeaning of sexual offence and violent offence—div 4.3\ns 41B ins A2011-29 s 38\nom A2015-40 s 80\nWhat special requirements apply to particular proceedings\npt 4.2 hdg ins A2015-40 s 52\nPreliminary—pt 4.2\ndiv 4.2.1 hdg (prev div 4.1 hdg) ins A2003-48 s 6 (as am A2004-18 s 21)\nsub as div 4.2.1 hdg A2015-40 s 53\nSexual and violent offence proceedings—general\ndiv 4.2 hdg renum as div 4.2.2 hdg\nSexual and violent offence proceedings—general\ndiv 4.2.2 hdg (prev div 4.2 hdg) ins A2003-48 s 6 (as am A2004-18 s 21)\nsub A2008-41 s 5\nrenum as div 4.2.2 hdg A2015-40 s 59\nSexual and violent offence proceedings—audiovisual recording of police\ninterview admissible as evidence\ndiv 4.2A hdg renum as div 4.2.2A\nSexual and violent offence proceedings—audiovisual recording of police\ninterview admissible as evidence\ndiv 4.2.2A hdg (prev div 4.2A hdg) ins A2008-41 s 11\nrenum as div 4.2.2A hdg A2015-40 s 66\n\nSexual offence proceedings—giving evidence at pre-trial hearing\ndiv 4.2B hdg renum as div 4.2.2B hdg\nSexual offence proceedings—giving evidence at pre-trial hearing\ndiv 4.2.2B hdg (prev div 4.2B hdg) ins A2008-41 s 11\nrenum as div 4.2.2B hdg A2015-40 s 74\nSexual and violent offence proceedings—giving evidence by audiovisual link\ndiv 4.2.3 hdg (prev div 4.3 hdg) ins A2003-48 s 6 (as am A2004-18 s 21)\nsub A2008-41 s 12; A2011-29 s 34\nrenum as div 4.2.3 hdg A2015-40 s 77\nEvidence of complainant’s sexual reputation and activities\ndiv 4.2.4 hdg (prev div 4.4 hdg) ins A2003-48 s 6 (as am A2004-18 s 21)\nrenum as div 4.2.4 hdg A2015-40 s 84\nProtection of counselling communications\ndiv 4.2.5 hdg (prev div 4.5 hdg) ins A2003-48 s 6 (as am A2004-18 s 21)\nrenum as div 4.2.5 hdg A2015-40 s 84\ndiv 4.2.6 hdg (prev div 4.6 hdg) ins A2003-48 s 6 (as am A2004-18 s 21)\nnote sub A2011-29 s 65\nrenum as div 4.2.6 hdg A2015-40 s 84\nSexual and violent offence proceedings—giving evidence by audiovisual link\ndiv 4.3 hdg renum as div 4.2.3 hdg\nDefinitions—pt 4.2\ns 42 hdg sub A2011-29 s 39\ns 42 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2005-53 amdt 1.56\nsub A2008-41 s 16\nam A2009-24 amdt 1.30; A2011-29 ss 39-41; A2015-40 s 81,\ns 82\ndef child ins A2018-46 s 15\ndef complainant ins A2018-46 s 15\nsub A2025-27 s 6\ndef family member ins A2018-46 s 15\ndef intellectually impaired ins A2018-46 s 15\ndef similar act witness ins A2018-46 s 15\ndef special relationship witness ins A2018-46 s 15\ndef vulnerable adult ins A2018-46 s 15\n\ndef witness with disability ins A2018-46 s 15\nSpecial requirements—particular proceedings\ns 43 hdg sub A2011-29 s 42\ns 43 ins A2003-48 s 6 (as am A2004-18 s 21)\nsub A2008-41 s 17\nam A2009-24 amdt 1.31; A2011-29 ss 42-44\nam A2019-41 s 6; A2022-13 s 80, s 81; A2023-13 s 9\nRecording evidence given by audiovisual link in sexual offence proceedings\ns 43A ins A2013-12 s 36\nCourt may inform itself about particular witnesses\ns 44 hdg sub A2011-29 s 45\ns 44 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2008-41 s 18, s 19; A2011-29 ss 45-49\nFailure to comply with ch 4\ns 45 hdg sub A2011-29 s 50\ns 45 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2008-41 s 20, s 21; A2011-29 s 50\nSpecial requirements—general\npt 4.3 hdg ins A2015-40 s 85\nsub A2016-42 amdt 3.73; A2018-46 s 15\nPreliminary—pt 4.3\ndiv 4.3.1 hdg ins A2015-40 s 85\nDefinitions—pt 4.3\ns 46 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2008-41 s 22\nsub A2011-29 s 51; A2018-46 s 15\ndef relevant proceeding ins A2018-46 s 15\ndef witness ins A2018-46 s 15\nSpecial requirements—general\ndiv 4.3.2 hdg ins A2015-40 s 85\n\nAccused may be screened from witness in court\ns 47 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2008-41 s 23, s 24; A2011-29 s 52\nom A2015-40 s 83\nins A2018-46 s 15\nNo examination of witness by self-represented accused person\ns 48 hdg sub A2011-29 s 53\nam A2015-40 s 99\ns 48 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2009-7 amdt 1.28\nWitness may have support person in court\ns 49 hdg am A2015-40 s 98\ns 49 ins A2003-48 s 6 (as am A2004-18 s 21)\nEvidence to be given in closed court\ns 50 ins A2003-48 s 6 (as am A2004-18 s 21)\nSpecial requirements—audiovisual recording of police interview\ndiv 4.3.3 hdg ins A2015-40 s 85\nsub A2017-10 s 4; A2018-46 s 15\nMeaning of audiovisual recording—div 4.3.3\ns 51 ins A2003-48 s 6 (as am A2004-18 s 21)\nPolice interview audiovisual recording may be admitted as evidence\ns 52 ins A2003-48 s 6 (as am A2004-18 s 21)\nPolice interview audiovisual recording—notice\ns 53 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2011-29 s 54\nPolice interview audiovisual recording—notice for access\ns 54 hdg am A2015-40 s 100\ns 54 ins A2003-48 s 6 (as am A2004-18 s 21)\ndef civil proceeding ins A2011-29 s 55\ndef counselling ins A2003-48 s 6 (as am A2004-18 s 21)\ndef counsellor ins A2003-48 s 6 (as am A2004-18 s 21)\n\ndef criminal proceeding ins A2003-48 s 6 (as am A2004-18\ns 21)\nam A2006-40 amdt 2.108; A2009-7 amdt 1.29\nA2003-48 s 6 (as am A2004-18 s 21)\ndef harm ins A2003-48 s 6 (as am A2004-18 s 21)\ndef preliminary criminal proceeding ins A2003-48 s 6 (as\nam A2004-18 s 21)\nam A2006-40 amdt 2.108\ndef proceeding ins A2011-29 s 55\ndef protected confidence ins A2003-48 s 6 (as am A2004-18\ns 21)\ndef protected confidence evidence ins A2003-48 s 6 (as am\nA2004-18 s 21)\nPolice interview audiovisual recording—access to accused person\ns 55 hdg sub A2011-29 s 56\ns 55 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2011-29 s 57\nPolice interview audiovisual recording—admissibility\ns 56 hdg am A2015-40 s 100\ns 56 ins A2003-48 s 6 (as am A2004-18 s 21)\n(2), (3) exp 1 January 2005 (s 56 (3))\nPolice interview audiovisual recording—jury trial\ns 57 ins A2003-48 s 6 (as am A2004-18 s 21)\nTranscript of police interview audiovisual recording—access to court\ns 58 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2011-29 s 58\nPolice interview audiovisual recording—offences\ns 59 ins A2003-48 s 6 (as am A2004-18 s 21)\n\nGiving evidence at pre-trial hearing\ndiv 4.3.4 hdg ins A2017-10 s 6\nWitness may give evidence at pre-trial hearing\ns 60 ins A2003-48 s 6 (as am A2004-18 s 21)\nWho may be present at pre-trial hearing\ns 61 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2011-29 s 59, s 60\nEvidence of witness at pre-trial hearing to be evidence at hearing\ns 62 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2011-29 s 61-63\nWitness may be required to attend hearing\ns 63 ins A2003-48 s 6 (as am A2004-18 s 21)\nEvidence of witness at pre-trial hearing—jury trial\ns 64 ins A2003-48 s 6 (as am A2004-18 s 21)\nRecording of witness’s evidence at pre-trial hearing admissible in related\ns 65 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2011-29 s 64\nAudiovisual recording of child’s evidence—admissibility\ns 66 ins A2003-48 s 6 (as am A2004-18 s 21)\nGiving evidence by audiovisual link\ndiv 4.3.5 hdg ins A2018-46 s 15\nMeaning of give evidence—div 4.3.5\ns 67 ins A2003-48 s 6 (as am A2004-18 s 21)\nGiving evidence by audiovisual link\ns 68 hdg sub A2011-29 s 66\nam A2015-40 s 101\ns 68 ins A2003-48 s 6 (as am A2004-18 s 21)\n\nRecording evidence given by audiovisual link or in courtroom\ns 69 hdg sub A2023-13 s 10\ns 69 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2023-13 ss 11-13; ss renum R47 LA\nConsequential orders—div 4.3.5\ns 70 ins A2003-48 s 6 (as am A2004-18 s 21)\nMaking of orders—div 4.3.5\ns 71 ins A2003-48 s 6 (as am A2004-18 s 21)\nam A2011-29 s 67\nJury warning about inferences from witness giving evidence by audiovisual\nlink\ns 72 ins A2003-48 s 6 (as am A2004-18 s 21)\npt 4.4 hdg ins A2018-46 s 15\nsub A2022-13 s 82\nSexual offence proceedings—general\ndiv 4.4.1 hdg ins A2018-46 s 15\nEvidence of complainant’s sexual reputation and activities\ndiv 4.4 hdg renum as div 4.2.4 hdg\nCertain evidence to be given in closed court\ns 73 ins A2003-48 s 6 (as am A2004-18 s 21)\nProhibition of publication of complainant’s identity\ns 74 ins A2004-2 amdt 2.11\nam A2005-13 amdt 1.35; A2008-20 amdt 4.39; A2009-40\namdt 1.10\nsub A2016-42 amdt 3.74; A2018-46 s 15\nNote for s 74 s 74 also ins A2003-48 s 7 (as am A2004-18 s 22) and\nrenum as s 82 and then s 100\nEvidence of family violence may be relevant evidence\ns 74A ins A2023-15 s 9\nSexual offence proceedings—evidence of complainant’s sexual reputation\nand activities\ndiv 4.4.2 hdg ins A2018-46 s 15\n\nImmunity of sexual reputation\ns 75 hdg am A2016-42 amdt 3.75\ns 75 ins A2004-2 amdt 2.11\nNote for s 75 s 75 also ins A2003-48 s 7 (as am A2004-18 s 22) and\nrenum as s 83 and then s 101\nGeneral immunity of evidence of complainant’s sexual activities\ns 76 ins A2004-2 amdt 2.11\nApplication for leave under s 76\ns 77 ins A2004-2 amdt 2.11\nDecision to give leave under s 76\ns 78 ins A2004-2 amdt 2.11\ndiv 4.4.3 hdg ins A2018-46 s 15\nsub A2022-13 s 83\nDefinitions—div 4.4.3\ns 79 ins A2004-2 amdt 2.11\ndef civil proceeding ins A2018-46 s 15\ndef counselled person ins A2024-27 s 5\ndef counselling ins A2018-46 s 15\ndef counsellor ins A2018-46 s 15\ndef criminal proceeding ins A2018-46 s 15\nA2018-46 s 15\n\ndef harm ins A2018-46 s 15\ndef preliminary criminal proceeding ins A2018-46 s 15\ndef proceeding ins A2018-46 s 15\ndef protected confidence ins A2018-46 s 15\ndef protected confidence evidence ins A2018-46 s 15\nMeaning of protected confidence—div 4.4.3\ns 79A ins A2018-46 s 15\nam A2022-13 ss 84-86\nWhen does div 4.4.3 apply?\ns 79B ins A2018-46 s 15\nImmunity for protected confidences in preliminary criminal proceedings\ns 79C ins A2018-46 s 15\nGeneral immunity for protected confidences\ns 79D ins A2018-46 s 15\nApplication for leave to disclose protected confidence\ns 79E ins A2018-46 s 15\nam A2024-27 s 6\nThreshold test––legitimate forensic purpose\ns 79F ins A2018-46 s 15\nam A2024-27 s 7; ss renum R50 LA\nPreliminary examination of protected confidence evidence\ns 79G ins A2018-46 s 15\nam A2024-27 s 8, s 9; ss renum R50 LA\nGiving of leave to disclose protected confidence\ns 79H ins A2018-46 s 15\nam A2024-27 s 10\nAncillary orders for protection of person who made protected confidence\ns 79I ins A2018-46 s 15\nCounselled person may appear in proceeding if protected confidence sought\nto be disclosed\ns 79IA ins A2024-27 s 11\nCourt must be satisfied counselled person is informed of rights under\ndiv 4.4.3\ns 79IB ins A2024-27 s 11\nNo waiver of protected confidence immunity\ns 79J ins A2018-46 s 15\nNo protected confidence immunity for medical information\ns 79K ins A2018-46 s 15\nam A2022-13 s 87\n\nNo protected confidence immunity for communications for criminal\ninvestigations and proceedings\ns 79L ins A2018-46 s 15\nam A2022-13 s 88\nNo protected confidence immunity in case of misconduct\ns 79M ins A2018-46 s 15\ndiv 4.4.4 hdg ins A2018-46 s 15\nComments on complainants’ evidence\ns 80 ins A2004-2 amdt 2.11\nComments on children’s evidence\ns 80A ins A2018-46 s 15\nComments about lack of, or delays in making, complaint\ns 80B ins A2018-46 s 15\nDirections about implied consent\ns 80C ins A2018-46 s 15\nDirections about mistaken belief about consent\ns 80D ins A2018-46 s 15\nom A2023-15 s 10\nSpecial requirements—family violence offence proceedings\npt 4.5 hdg ins A2018-46 s 15\nProtection of counselling communications\ndiv 4.5 hdg renum as div 4.2.5 hdg\nPreliminary—pt 4.5\ndiv 4.5.1 hdg ins A2018-46 s 15\nMeaning of recorded statement—pt 4.5\ns 81 ins A2004-2 amdt 2.11\ndiv 4.5.2 hdg ins A2018-46 s 15\n\nRecorded statement—requirements\ns 81A ins A2008-19 amdt 1.85\nRecorded statement—may be admitted as evidence\ns 81B ins A2008-41 s 25\nRecorded statement—hearsay rule and opinion rule\ns 81C ins A2008-41 s 25\nValidity of proceeding not affected\ns 81D ins A2008-41 s 25\nam A2009-24 amdt 1.32\nRecorded statement—represented accused person to be given copy\ns 81E ins A2015-40 s 85\nRecorded statement—unrepresented accused person to be given access\ns 81F ins A2015-40 s 85\nRecorded statement—admissibility\ns 81G ins A2015-40 s 85\nam A2017-10 s 5\nRecorded statement—accused person to be given audio copy\ns 81H ins A2017-10 s 6\nRecorded statement—jury trial\ns 81I ins A2018-46 s 15\nRecorded statement—offence to publish\ns 81J ins A2018-46 s 15\n\nRecorded statement of police interview admissible as evidence—application\nfor protection order\ndiv 4.5.3 hdg ins A2018-46 s 15\nRecorded statement—may be admitted as evidence in application for family\nviolence protection order\ns 81K ins A2018-46 s 15\ndiv 4.6 hdg renum as div 4.2.6 hdg\nFamily objections\ndiv 4.7 hdg ins A2004-2 amdt 2.11\nProceedings against young people\ndiv 4.8 hdg ins A2008-19 amdt 1.85\nEvidence in any proceedings\npt 4A hdg ins A2008-41 s 25\nCertain evidence under court rules not admissible\nch 5 hdg (prev pt 5 hdg) ins A2006-40 amdt 2.109\nsub A2011-29 s 70; A2011-48 amdt 1.28\nrenum as ch 5 hdg A2015-40 s 86\nCertain evidence under court rules not admissible\npt 5 hdg renum as pt 7 hdg and then as ch 5 hdg\nEvidence not admissible in court—neutral evaluation\ns 82 orig s 82\n(prev s 74) renum as s 100\npres s 82\nins A2006-40 amdt 2.109\nam A2010-40 amdt 2.14\nEvidence not admissible in court—expert report\ns 83 orig s 83\n(prev s 75) renum as s 101\npres s 83\nins A2006-40 amdt 2.109\nEvidence not admissible in court—meeting of experts\ns 84 ins A2006-40 amdt 2.109\nEvidence not admissible in court—evidence taken in examination\ns 85 ins A2006-40 amdt 2.109\n\nEvidence in criminal proceedings—dangerously ill people\nch 6 hdg (prev pt 6 hdg) reloc from Court Procedures Act 2004 pt 6\nA2006-40 amdt 2.90\nrenum as ch 6 hdg A2015-40 s 86\nEvidence in criminal proceedings—dangerously ill people\npt 6 hdg renum as ch 6 hdg\nMeaning of dangerously ill person—ch 6\ns 90 hdg am A2015-40 s 106\ns 90 reloc from Court Procedures Act 2004 s 53 A2006-40\nApplication—ch 6\ns 91 hdg bracketed note exp 1 March 2013 (s 3 (3))\nam A2015-40 s 106\ns 91 reloc from Court Procedures Act 2004 s 54 A2006-40\nRecording of evidence of dangerously ill person\ns 92 reloc from Court Procedures Act 2004 s 55 A2006-40\nNotice of evidence of dangerously ill person\ns 93 hdg bracketed note exp 1 March 2013 (s 3 (3))\ns 93 ins A2011-29 s 71\nAdmissibility of recording of evidence of dangerously ill person\ns 94 hdg bracketed note exp 1 March 2013 (s 3 (3))\ns 94 ins A2011-29 s 71\nVictim impact statements\nch 6A hdg ins A2022-13 s 89\nDefinitions—ch 6\ns 95 ins A2022-13 s 89\ndef principal proceeding ins A2022-13 s 89\ndef victim impact statement ins A2022-13 s 89\nVictim impact statements—cross-examination in principal proceeding\ns 96 ins A2022-13 s 89\nVictim impact statements—use in other proceeding\ns 97 ins A2022-13 s 89\n\nEvidence in any proceedings—other matters\nch 7 hdg (prev pt 5 hdg) ins A2003-48 s 7 (as am A2004-18 s 22)\nrenum as pt 7 hdg A2006-40 amdt 2.110\nrenum as ch 7 hdg A2015-40 s 86\nEvidence in any proceedings—other matters\npt 7 hdg renum as ch 7 hdg\nEvidence of witnesses with disabilities or vulnerabilities\npt 7.1 hdg (prev div 7.1 hdg) ins A2011-29 s 71\nrenum as pt 7.1 hdg A2015-40 s 87\nEvidence of witnesses with disabilities or vulnerabilities\ndiv 7.1 hdg renum as pt 7.1 hdg\nMeaning of witness with a disability—pt 7.1\ns 100 hdg am A2015-40 s 102\ns 100 (prev s 74) ins A2003-48 s 7 (as am A2004-18 s 22)\nrenum as s 82 A2004-2 amdt 2.12\nrenum as s 100 A2006-40 amdt 2.111\nChild or witness with disability may have support person in court\ns 101 (prev s 75) ins A2003-48 s 7 (as am A2004-18 s 22)\nrenum as s 83 A2004-2 amdt 2.12\nrenum as s 101 A2006-40 amdt 2.111\nWitness with vulnerability may give evidence in closed court\ns 102 ins A2011-29 s 71\nam A2015-40 s 96, s 97; A2018-46 s 16, s 17\nMaking of s 101 and s 102 orders—court not bound by rules of evidence\ns 103 ins A2011-29 s 71\nEvidence in any proceedings—miscellaneous\npt 7.2 hdg (prev div 7.2 hdg) ins A2011-29 s 71\nrenum as pt 7.2 hdg A2015-40 s 87\nEvidence in any proceedings—miscellaneous\ndiv 7.2 hdg renum as pt 7.2 hdg\nProof of document under law of Commonwealth country\ns 104 hdg bracketed note exp 1 March 2013 (s 3 (3))\ns 104 ins A2011-29 s 71\nEvidence in any proceedings—extended application of Evidence Act\npt 7.3 hdg (prev div 7.3 hdg) ins A2011-48 amdt 1.29\nrenum as pt 7.3 hdg A2015-40 s 87\n\nEvidence in any proceedings—extended application of Evidence Act\ndiv 7.3 hdg renum as pt 7.3 hdg\nExtended application of Evidence Act—interpreters\ns 105 ins A2011-48 amdt 1.29\nPublication of evidence\nch 8 hdg (prev pt 8 hdg) ins A2011-29 s 71\nrenum as ch 8 hdg A2015-40 s 88\nPublication of evidence\npt 8 hdg renum as ch 8 hdg\nApplication—ch 8\ns 110 hdg am A2015-40 s 106\ns 110 ins A2011-29 s 71\nProhibition of publication of evidence etc\ns 111 ins A2011-29 s 71\nNoncompliance with s 111 order\ns 112 ins A2011-29 s 71\nMiscellaneous\nch 9 hdg (prev pt 9 hdg) ins A2011-29 s 71\nrenum as ch 9 hdg A2015-40 s 88\nMiscellaneous\npt 9 hdg renum as ch 9 hdg\nApproved forms\ns 120 ins A2011-29 s 71\nam A2025-29 amdt 4.72\nRegulation-making power\ns 121 ins A2011-29 s 71\nam A2015-40 s 104, s 106; A2025-29 amdt 4.72\nTransitional—Sexual and Violent Offences Legislation Amendment Act 2008\npt 10 hdg ins A2008-41 s 26\nApplication of amendments\ns 150 ins A2008-41 s 26\nam A2009-24 amdt 1.33\nExpiry—pt 10\ns 151 ins A2008-41 s 26\n\nTransitional—Evidence (Miscellaneous Provisions) Amendment Act 2011\npt 11 hdg ins A2011-29 s 71\nExisting proceedings\ns 160 ins A2011-29 s 71\nProtected confidences—div 4.5 proceedings\ns 161 ins A2011-29 s 71\nTransitional regulations\ns 162 ins A2011-29 s 71\nExpiry—pt 11\ns 163 ins A2011-29 s 71\nCOVID-19 emergency response\npt 12 hdg renum as ch 12 hdg\nCOVID-19 emergency response\nch 12 hdg (prev pt 12 hdg) ins A2020-11 amdt 1.31\nrenum as ch 12 hdg R43 LA\nexp 29 September 2023 (s 164 (2))\nRegulation-making power—COVID-19 emergency response\ns 164 ins A2020-11 amdt 1.31\nam A2020-14 amdt 1.62, amdt 1.63; A2021-1 amdt 1.20\nexp 29 September 2023 (s 164 (2))\nTransitional—Crimes (Disclosure) Legislation Amendment Act 2024\nch 13 hdg ins A2024-27 s 12\nMeaning of commencement day—ch 13\ns 165 ins A2024-27 s 12\nAmendments do not apply to proceedings begun before commencement day\ns 166 ins A2024-27 s 12\nAmendments apply to protected confidences made before, on or after\ncommencement day\ns 167 ins A2024-27 s 12\n\nExpiry—ch 13\ns 168 ins A2024-27 s 12\ndict ins A2003-48 s 7 (as am A2004-18 s 22)\nam A2005-53 amdt 1.57; A2006-23 amdt 1.197; A2011-29\ns 72, s 73; A2013-19 amdt 3.152; A2013-39 amdt 2.31\n(A2013-39 never effective (see Commonwealth v Australian\nCapital Territory [2013] HCA 55)); A2015-40 s 89\ndef ACT court ins A2011-29 s 74\nam A2011-48 amdt 1.30; A2025-29 amdt 3.114\ndef audio link ins A2003-48 s 7 (as am A2004-18 s 22)\ndef audiovisual link ins A2003-48 s 7 (as am A2004-18 s 22)\ndef audiovisual recording ins A2008-41 s 27\nsub A2018-46 s 18\ndef child ins A2018-46 s 19\ndef civil proceeding ins A2011-29 s 74\nsub A2018-46 s 20\ndef complainant ins A2003-48 s 7 (as am A2004-18 s 22)\nsub A2008-41 s 28\nam A2011-29 s 75\nsub A2015-40 s 90\nsub A2018-46 s 21\ndef counselled person ins A2024-27 s 13\ndef counselling ins A2018-46 s 22\ndef counsellor ins A2003-48 s 7 (as am A2004-18 s 22)\nsub A2018-46 s 23\ndef court ins A2003-48 s 7 (as am A2004-18 s 22)\nsub A2018-46 s 24\ndef criminal proceeding ins A2003-48 s 7 (as am A2004-18\nsub A2011-29 s 76\nam A2015-40 s 100; A2018-46 s 25; A2022-13 s 92\ndef dangerously ill person ins A2011-29 s 77\n\nA2003-48 s 7 (as am A2004-18 s 22)\nsub A2018-46 s 24\ndef domestic violence offence ins A2015-40 s 91\nom A2016-42 amdt 3.76\ndef domestic violence offence proceeding ins A2015-40\ns 91\nom A2016-42 amdt 3.76\ndef evidence receiving entity ins A2011-29 s 77\nam A2011-48 amdt 1.31\ndef external place ins A2011-29 s 77\ndef family member ins A2018-46 s 27\nsub A2022-13 s 90\ndef family objection ins A2004-2 amdt 2.13\nom A2011-29 s 78\ndef family violence offence ins A2016-42 amdt 3.77\nom A2018-46 s 28\nins A2022-13 s 91\ndef family violence offence proceeding ins A2016-42\namdt 3.77\nsub A2018-46 s 29\ndef give evidence ins A2018-46 s 30\ndef give evidence in a proceeding by audiovisual link ins\nA2011-29 s 79\nam A2015-40 s 98, s 104\nom A2018-46 s 31\ndef ground rules hearing ins A2019-41 s 7\ndef harm ins A2003-48 s 7 (as am A2004-18 s 22)\nsub A2018-46 s 32\ndef intellectually impaired ins A2015-40 s 91\nsub A2018-46 s 32\ndef intermediaries administrator ins A2019-41 s 7\ndef intermediary ins A2019-41 s 7\ndef less serious violent offence ins A2008-41 s 29\nam A2011-29 s 80; A2015-40 s 105\nom A2018-46 s 33\ndef less serious violent offence proceeding ins A2018-46\ns 34\ndef Magistrates Court ins A2003-48 s 7 (as am A2004-18\nsub A2018-46 s 35\n\ndef participating State ins A2003-48 s 7 (as am A2004-18\ndef preliminary criminal proceeding ins A2003-48 s 7\n(as am A2004-18 s 22)\nsub A2018-46 s 36\ndef prescribed witness ins A2003-48 s 7 (as am A2004-18\nom A2011-29 s 81\ndef principal proceeding ins A2022-13 s 91\ndef proceeding ins A2003-48 s 7 (as am A2004-18 s 22)\nsub A2011-29 s 82\nam A2015-40 s 98, s 100, s 104; A2018-46 s 37; A2022-13\ns 92\ndef protected confidence ins A2003-48 s 7 (as am A2004-18\nsub A2018-46 s 38\ndef protected confidence evidence ins A2003-48 s 7 (as am\nA2004-18 s 22)\nsub A2018-46 s 38\ndef recognised court ins A2003-48 s 7 (as am A2004-18\ndef recorded statement ins A2015-40 s 91\nsub A2018-46 s 39\ndef relative ins A2009-7 amdt 1.30\nsub A2015-40 s 92\nom A2018-46 s 40\ndef relevant person ins A2008-41 s 29\nsub A2009-7 amdt 1.30; A2015-40 s 92\nom A2018-46 s 40\ndef relevant proceeding ins A2018-46 s 41\ndef serious violent offence ins A2008-41 s 29\nam A2011-29 s 83; A2015-40 s 105\nom A2018-46 s 42\ndef serious violent offence proceeding ins A2018-46 s 43\n\ndef sexual offence ins A2003-48 s 7 (as am A2004-18 s 22)\nsub A2011-29 s 84; A2015-40 s 92\nom A2018-46 s 44\ndef sexual offence proceeding ins A2003-48 s 7 (as am\nA2004-18 s 22)\nsub A2008-41 s 28\nam A2011-29 s 85; A2015-40 ss 95-99, s 101\nsub A2018-46 s 45\ndef sexual or violent offence ins A2015-40 s 93\nom A2018-46 s 46\ndef sexual or violent offence proceeding ins A2015-40 s 93\nom A2018-46 s 46\ndef similar act witness ins A2008-41 s 29\nam A2011-29 s 86; A2015-40 s 105\nsub A2018-46 s 47\ndef special relationship witness ins A2018-46 s 48\ndef State ins A2003-48 s 7 (as am A2004-18 s 22)\ndef territory court ins A2003-48 s 7 (as am A2004-18 s 22)\ndef tribunal ins A2003-48 s 7 (as am A2004-18 s 22)\ndef victim impact statement ins A2022-13 s 91\ndef violent offence ins A2008-41 s 29\nsub A2011-29 s 87; A2015-40 s 94\nom A2018-46 s 49\ndef violent offence proceeding ins A2008-41 s 29\nam A2011-29 s 88; A2015-40 s 95, s 96, s 98\nom A2018-46 s 49\ndef vulnerable adult ins A2018-46 s 50\ndef witness ins A2008-41 s 29\nam A2015-40 s 96, s 97\nsub A2018-46 s 51; A2019-41 s 8\ndef witness with a disability ins A2008-41 s 29\nsub A2011-29 s 89\nam A2015-40 s 103, s 105\nom A2018-46 s 52\ndef witness with disability ins A2018-46 s 53\n\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\nR1 (RI)\n20 Aug 2003\n24 Dec 1992–\nA1992-80 amendments by\nA1992-80\nR1A\n20 Aug 2003\n31 May 1994–\n14 Dec 1994\nA1994-24 amendments by\nA1994-24\nR2 (RI)\n15 Dec 1994–\nA1994-96 amendments by\nA1994-96\nR3 (RI)\n30 Oct 1998–\n23 Dec 1999\nA1998-45 amendments by\nA1996-25 and\nA1998-45\nR4 (RI)\n1 June 2000–\n11 Sept 2001\nA2000-17 amendments by\nA1999-64,\nA1999-91 and\nA2000-17\n13 Dec 2001\n12 Sept 2001–\n23 Sept 2001\nA2001-90 amendments by\nA2001-44\n27 Mar 2002\n27 Mar 2002–\n16 Sept 2002\nA2001-90 amendments by\nA2001-82 and\nA2001-90\n17 Sept 2002\n17 Sept 2002–\n16 Jan 2003\nA2002-30 amendments by\nA2002-30\n\nfor\n17 Jan 2003\n17 Jan 2003–\n21 Mar 2004\nA2002-49 amendments by\nA2002-49\n22 Mar 2004\n22 Mar 2004–\n29 Apr 2004\nA2004-2 amendments by\nA2004-2\nR10*\n30 Apr 2004\n30 Apr 2004–\n1 Jan 2005\nA2004-18 amendments by\nA2003-48, A2004-2\nand A2004-18\n7 Jan 2005\n2 Jan 2005–\n24 Mar 2005\nA2004-18 commenced expiry\n25 Mar 2005\n25 Mar 2005–\n22 Nov 2005\nA2005-13 amendments by\nA2005-13\n23 Nov 2005\n23 Nov 2005–\nA2005-53 amendments by\nA2005-53\n2 June 2006–\n28 Sept 2006\nA2006-23 amendments by\nA2006-23\n29 Sept 2006\n29 Sept 2006–\n17 Dec 2007\nA2006-40 amendments by\nA2006-40\n18 Dec 2007\n18 Dec 2007–\n8 Sept 2008\nA2007-15 amendments by\nA2007-15\n9 Sept 2008\n9 Sept 2008–\n26 Oct 2008\nA2008-44 amendments by\n27 Oct 2008\n27 Oct 2008–\n26 Feb 2009\nA2008-46 amendments by\n27 Feb 2009\n27 Feb 2009–\n29 Mar 2009\nA2008-46 amendments by\nA2008-19 and\n30 Mar 2009\n30 Mar 2009–\nA2009-7 amendments by\nA2008-46\nR21*\n30 May 2009–\n3 Sept 2009\nA2009-7 amendments by\nA2008-41,\nA2008-44,\nA2008-46 and\nA2009-7\n4 Sept 2009\n4 Sept 2009–\n31 Dec 2009\nA2009-24 amendments by\nA2009-24\n\nfor\n1 Jan 2010\n1 Jan 2010–\nA2009-40 amendments by\nA2009-40\n31 May 2010–\n1 Nov 2010\nA2009-40 commenced expiry\n2 Nov 2010\n2 Nov 2010–\n29 Feb 2012\nA2010-40 amendments by\nA2010-40\n1 Mar 2012\n1 Mar 2012–\n10 Sept 2012\nA2011-48 amendments by\nA2011-29 and\nA2011-48\n11 Sept 2013\n11 Sept 2013–\nA2012-40 amendments by\nA2012-40\n2 Mar 2013\n2 Mar 2013–\n23 Apr 2013\nA2012-40 republication for\nexpiry of provisions\n(s 3 (2), (3), ss 91,\n93, 94, 104\nbracketed heading\nnotes)\n24 Apr 2013\n24 Apr 2013–\nA2013-12 amendments by\nA2013-12\n14 June 2013–\n6 Nov 2013\nA2013-19 amendments by\nA2013-19\n7 Nov 2013\nnever effective A2013-39 (never\neffective)\namendments by\nA2013-39\nR31 (RI)\n24 Feb 2014\n7 Nov 2013–\n7 Nov 2013\nA2013-39 (never\neffective)\nreissue because of\nHigh Court\ndecision in relation\nto A2013-39\n8 Nov 2013\nnever effective A2013-43 amendments by\nA2013-43\nR32 (RI)\n24 Feb 2014\n8 Nov 2013–\n1 Mar 2014\nA2013-43 reissue because of\nHigh Court\ndecision in relation\nto A2013-39\n2 Mar 2014\n2 Mar 2014–\nA2013-43 expiry of\ntransitional\nprovisions (pt 11)\n\nfor\n4 May 2016–\n29 Apr 2017\nA2015-40 amendments by\nA2015-40\n30 Apr 2017\n30 Apr 2017–\n30 Apr 2017\nA2017-10\n1 May 2017–\nA2016-42 as\namended by\nA2017-10\n1 July 2017–\n10 Oct 2017\nA2017-7\n11 Oct 2017\n11 Oct 2017–\n25 Apr 2018\nA2017-28 amendments by\nA2017-28\n26 Apr 2018\n26 Apr 2018–\n4 Dec 2018\nA2018-9 amendments by\nA2018-9\n5 Dec 2018\n5 Dec 2018–\n30 Jan 2020\nA2018-46 amendments by\nA2018-46\n31 Jan 2020\n31 Jan 2020–\n8 Mar 2020\nA2019-41 amendments by\nA2019-41\n9 Mar 2020\n9 Mar 2020–\n7 Apr 2020\nA2019-41 amendments by\nA2019-41\n8 Apr 2020\n8 Apr 2020–\nA2020-11 amendments by\nA2020-11\n14 May 2020–\n19 Feb 2021\nA2020-14 amendments by\nA2020-14\n20 Feb 2021\n20 Feb 2021–\n16 Aug 2022\nA2021-1 amendments by\nA2021-1\n17 Aug 2022\n17 Aug 2022–\n11 Apr 2023\nA2022-13 amendments by\nA2022-13\n12 Apr 2023\n12 Apr 2023–\nA2023-13 amendments by\nA2023-13\n24 May 2023–\n29 Sept 2023\nA2023-15 amendments by\nA2023-15\n30 Sept 2023\n30 Sept 2023–\nA2023-15 expiry of provisions\n(ch 12)\n\nfor\n20 June 2024–\n9 Oct 2025\nA2024-27 amendments by\nA2024-27\n10 Oct 2025\n10 Oct 2025–\n15 Nov 2025\nA2025-27 amendments by\nA2025-27\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.\n7 Renumbered provisions\nThis Act was renumbered under the Legislation (Republication) Act 1996 in R4\n(see Act 2000 No 17 sch 1). Details of renumbered provisions are shown in\nendnote 4 (Amendment history). For a table showing the renumbered provisions,\nsee R6.","sortOrder":148}],"analysis":{"summary":{"name":"Evidence (Miscellaneous Provisions) Act 1991","slug":"evidence-miscellaneous-provisions-act-1991","title_id":"a-1991-34","version_id":23514,"analysis_type":"summary","content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"Full in-force ACT Act (Revision 52, effective 16 November 2025) with multiple Chapters and Parts covering child witnesses, audiovisual links, sexual offence proceedings, and miscellaneous evidence rules."},"complexity_factors":["Detailed special protections for child witnesses and victims of sexual and family violence","Complex counselling communications immunity regime with layered leave and threshold tests","Interaction with Evidence Act 2011 (ACT) as the primary uniform evidence law","Audiovisual and audio link evidence provisions require cross-referencing with court rules"],"plain_english_summary":"The Evidence (Miscellaneous Provisions) Act 1991 (ACT) is the ACT's specialist evidence statute dealing with procedural and protective aspects of evidence that are not covered by the main Evidence Act 2011 (ACT). It complements the uniform evidence law framework by addressing the needs of vulnerable witnesses and providing detailed rules for special hearings.\n\nThe Act is structured around three main subject areas. First, it deals with the evidence of child witnesses and witnesses with cognitive disabilities, including appointment of witness intermediaries for prescribed witnesses (Chapter 1B), audiovisual link evidence for children (Part 2), and detailed protections for child witnesses in criminal proceedings.\n\nSecond, the Act provides the framework for evidence given by audiovisual link or audio link, including links with parties located outside the ACT (interstate links) and outside Australia (Part 3). Rules address the competency of witnesses giving evidence by these means and document handling.\n\nThird, the Act contains extensive special requirements for sexual offence proceedings and family violence proceedings (Chapter 4). These include the general immunity for evidence of a complainant's sexual activities (section 76) and a leave test for cross-examination (section 77), and detailed protections for counselling communications (Division 4.4.3, sections 79 to 79M), including protected confidence immunity and conditions for disclosure.\n\nThe Act also includes provisions for extended competence in particular proceedings (Part 7.3) and general miscellaneous evidence rules (Part 7.2). Section 70 deals with unsworn evidence and was considered by the High Court in The Queen v GW [2016] HCA 6 in the context of a child witness's competency."},"kimi_summary":{"_metrics":{"completionTokens":955},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown substantially from its original 1991 focus on closed-circuit television for child witnesses. Major expansions include: 2003 amendments adding sexual and violent offence proceedings; 2008-2019 reforms introducing witness intermediaries, ground rules hearings, and pre-trial hearings; 2016-2022 family violence protections including recorded statements; and 2024 counselling communication protections. The current version covers general audiovisual links, expert evidence rules, victim impact statements, and dangerously ill witnesses—far beyond the original scope."},"complexity_factors":["Multiple overlapping witness categories (child, vulnerable adult, intellectually impaired, witness with disability, special relationship witness, complainant, similar act witness) with different rules applying to each","Extensive cross-referencing between chapters, parts and divisions—e.g., Chapter 4's complex tables mapping witness types to applicable provisions across multiple divisions","Nested conditional logic: e.g., section 43's tables require tracing through definitions in section 42, then applicable divisions, then specific sections with their own exceptions","Heavily conditional admissibility rules for protected confidences (div 4.4.3) with multi-stage tests: legitimate forensic purpose threshold, preliminary examination, public interest balancing, plus multiple exceptions (medical, criminal investigation, misconduct)","Dual legislative frameworks operating: this Act plus the Evidence Act 2011, with extended application provisions and potential conflicts","Detailed procedural requirements with strict notice and access obligations (e.g., sections 53-56 for audiovisual recordings, sections 81E-81G for recorded statements)","Transitional provisions with expiry dates and conditional application (Chapter 13)","47+ defined terms in the Dictionary, many with signpost definitions pointing to other sections or external Acts (Family Violence Act 2016, Crimes Act 1900, etc.)","Jurisdictional complexity: interstate and international audiovisual links with participating States, recognised courts, and Trans-Tasman Proceedings Act interactions"],"plain_english_summary":"This ACT law sets out special rules for how evidence is given in court, with a strong focus on protecting vulnerable witnesses—especially children, victims of sexual offences, and family violence survivors.\n\n**What it does:**\n\n- **Protects vulnerable witnesses**: Children, people with disabilities, and victims of sexual or family violence offences can give evidence via audiovisual link (video) from a separate room, have a support person with them, and request closed court sessions (public excluded).\n\n- **Prevents direct questioning by accused**: In sexual, violent or family violence proceedings, self-represented accused persons cannot personally cross-examine certain witnesses—the court must appoint someone else to ask the questions.\n\n- **Screens witnesses from accused**: Courts can arrange the courtroom so witnesses cannot see the accused while giving evidence.\n\n- **Protects counselling records**: Communications between victims and counsellors are generally protected and cannot be disclosed in court without special leave, unless the public interest in a fair trial outweighs confidentiality.\n\n- **Restricts sexual history evidence**: Evidence about a complainant's sexual reputation or past sexual activities is generally banned in sexual offence proceedings, unless the court grants leave for specific reasons.\n\n- **Allows pre-trial recordings**: Police interviews with vulnerable witnesses can be recorded and played as evidence-in-chief, reducing the need for them to testify twice.\n\n- **Provides witness intermediaries**: Specially trained professionals can be appointed to help witnesses with communication difficulties understand questions and give answers.\n\n- **Enables remote evidence**: People can give evidence from interstate or overseas via audiovisual or audio links, with protections for legal professional privilege.\n\n- **Protects complainant identity**: Publishing identifying information about sexual offence complainants is an offence.\n\n- **Directs jury warnings**: Judges must give specific directions to juries—such as that delayed complaints don't mean allegations are false, and that lack of physical resistance doesn't imply consent.\n\n**Who it affects:**\n\n- Victims and witnesses in criminal proceedings, particularly in sexual, violent and family violence cases\n- Children giving evidence in any proceeding\n- People with disabilities or communication difficulties\n- Accused persons and their legal representatives\n- Courts, police, and prosecutors\n\n**Why it matters:**\n\nThe Act balances the rights of accused persons to a fair trial with protections for vulnerable witnesses, recognising that giving evidence can be traumatic. It aims to improve the quality of evidence while reducing the distress of court participation."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act originally focused solely on closed-circuit television evidence (renamed from Evidence (Closed-Circuit Television) Act 1991). It has been expanded to cover ground rules hearings, witness intermediaries, special rules for sexual, violent, and family violence proceedings, protection of counselling communications, victim impact statements, and evidence for dangerously ill persons. The scope has grown from a narrow procedural rule to a comprehensive code for vulnerable witnesses and sensitive evidence."},"complexity_factors":["Over 100 sections across 9 chapters and multiple parts and divisions","Extensive dictionary with 50+ defined terms","Frequent cross-references between sections and to other Acts","Conditional application of provisions based on type of proceeding and witness category (e.g., section 43 tables)","Nested exceptions and limitations (e.g., protected confidence immunity with multiple exceptions)","Multiple transitional provisions and a history of over 30 amending Acts"],"plain_english_summary":"This ACT law sets out special rules for how evidence is given in court cases, especially criminal proceedings involving children, people with disabilities, or victims of sexual, violent, or family violence. It allows witnesses to give evidence by video link (audiovisual link) so they don't have to be in the same room as the accused. It also provides for 'intermediaries' – trained professionals who help witnesses understand questions and communicate answers. In certain cases, the court must hold a 'ground rules hearing' to decide how a witness should be questioned to avoid distress. The law restricts the use of evidence about a complainant's sexual history or counselling records, protecting their privacy unless it is crucial to the case. It also allows police interviews recorded on video to be used as evidence-in-chief, reducing the need for witnesses to repeat their story in court. Overall, the Act creates a framework to make it easier for vulnerable people to give evidence while still ensuring a fair trial for the accused."}},"importantCases":[],"_links":{"self":"/api/acts/evidence-miscellaneous-provisions-act-1991","history":"/api/acts/evidence-miscellaneous-provisions-act-1991/history","analysis":"/api/acts/evidence-miscellaneous-provisions-act-1991/analysis","conflicts":"/api/acts/evidence-miscellaneous-provisions-act-1991/conflicts","importantCases":"/api/acts/evidence-miscellaneous-provisions-act-1991/important-cases","documents":"/api/acts/evidence-miscellaneous-provisions-act-1991/documents"}}