{"id":"evidence-national-uniform-legislation-regulations-2012","name":"EVIDENCE (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2012","slug":"evidence-national-uniform-legislation-regulations-2012","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176815,"registerId":"nt-evidence-national-uniform-legislation-regulations-2012-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"EVIDENCE (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2012","content":"NORTHERN TERRITORY OF AUSTRALIA\nEVIDENCE (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2012\nAs in force at 14 November 2023\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Exceptions to hearsay rule – notice of intention to adduce\nevidence of previous representations .............................................. 1\n5 Address of person named in notice under regulation 4 –\ncriminal proceedings ........................................................................ 3\n6 Tendency rule and coincidence rule – form of notices..................... 3\n7 Address of person named in notice under regulation 6 –\ncriminal proceedings ........................................................................ 4\n7A Judicial entity ................................................................................... 4\n8 Forms .............................................................................................. 4\nSchedule Forms\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 14 November 2023\n____________________\nEVIDENCE (NATIONAL UNIFORM LEGISLATION) REGULATIONS 2012\nRegulations under the Evidence (National Uniform Legislation) Act 2011\n1 Citation\nThese Regulations may be cited as the Evidence (National Uniform\nLegislation) Regulations 2012.\n2 Commencement\nThese Regulations commence on the commencement of\nsection 197 of the Evidence (National Uniform Legislation)\nAct 2011.\n3 Definitions\nIn these Regulations:\naddress includes a private, business or official address.\nnotifying party, in relation to a notice, means the person giving the\nnotice.\n4 Exceptions to hearsay rule – notice of intention to adduce\nevidence of previous representations\n(1) For the purposes of section 67(1) of the Act, a notice given under\nthat section (a notice of previous representation) must state:\n(a) the substance of evidence of a previous representation that\nthe notifying party intends to adduce; and\n(b) the substance of all other relevant representations made by\nthe person who made that previous representation, so far as\nthey are known to the notifying party; and\n(c) particulars of:\n(i) the date, time and place at, and the circumstances in\nwhich, each of the representations mentioned in\nparagraph (a) or (b) was made; and\n\nEvidence (National Uniform Legislation) Regulations 2012 2\n(ii) the names of the persons by whom, and the persons to\nwhom, each of those representations was made; and\n(iii) in a civil proceeding, the address of each person named\nunder subparagraph (ii), so far as it is known to the\nnotifying party.\n(2) If a notifying party intends to rely on:\n(a) section 63(2)(a) or (b) of the Act; or\n(b) section 65(2)(a), (b), (c) or (d) of the Act; or\n(c) section 65(3)(a) or (b) of the Act; or\n(d) section 65(8)(a) or (b) of the Act;\nthe party's notice of previous representation must state particulars\nof the facts on the basis of which it is alleged that the person who\nmade a representation referred to in the notice is not available to\ntestify concerning the fact to be proved by adducing evidence of\nthat representation.\n(3) If a notifying party intends to rely on section 64(2)(a) or (b) of the\nAct, the party's notice of previous representation must state\nparticulars of the facts that the party will rely on to establish the\ngrounds specified in section 64(2) of the Act.\n(4) If a notice of previous representation refers to a previous\nrepresentation that is in writing:\n(a) a copy of the document, or of the relevant portion of the\ndocument, containing the representation must be attached to\nthe notice; and\n(b) the notice must identify the document unless the identity of the\ndocument is apparent on the face of the copy attached to the\nnotice.\n(5) If a copy of a document, or of a portion of a document, is attached\nto a notice of previous representation, it is a sufficient compliance\nfor the purposes of subregulation (1)(a) to specify in the notice, or in\nthe copy of a document or portion of a document attached to the\nnotice, the representation evidence of which the notifying party\nintends to adduce.\n\nEvidence (National Uniform Legislation) Regulations 2012 3\n5 Address of person named in notice under regulation 4 –\ncriminal proceedings\n(1) On the application of a party in a criminal proceeding, the court may\nmake an order directing the notifying party to disclose the address\nof any person named in a notice given under regulation 4 by whom,\nor to whom, a representation referred to in the notice was made if\nthe court is satisfied that:\n(a) the address is relevant to the offence charged; and\n(b) one of the following applies:\n(i) disclosure is not likely to present a reasonably\nascertainable risk to the welfare or physical safety of any\nperson;\n(ii) the interests of justice outweigh any risk referred to in\nsubparagraph (i).\n(2) A direction given under subregulation (1) may be given on such\nterms as the court thinks fit.\n6 Tendency rule and coincidence rule – form of notices\n(1) For the purposes of section 99 of the Act, a notice given under\nsection 97(1)(a) of the Act (relating to the tendency rule) must state:\n(a) the substance of the evidence that the notifying party intends\nto adduce; and\n(b) if that evidence consists of, or includes, evidence of the\nconduct of a person, particulars of:\n(i) the date, time and place at, and the circumstances in\nwhich, the conduct occurred; and\n(ii) the name of each person who saw, heard or otherwise\nperceived the conduct; and\n(iii) in a civil proceeding, the address of each person named\nunder subparagraph (ii), so far as it is known to the\nnotifying party.\n(2) For the purposes of section 99 of the Act, a notice given under\nsection 98(1)(a) (relating to the coincidence rule) must state:\n(a) the substance of the evidence of the occurrence of two or\nmore events that the notifying party intends to adduce; and\n\nEvidence (National Uniform Legislation) Regulations 2012 4\n(b) particulars of:\n(i) the date, time and place at, and the circumstances in\nwhich, each of those events occurred; and\n(ii) the name of each person who saw, heard or otherwise\nperceived each of those events; and\n(iii) in a civil proceeding, the address of each person named\nunder subparagraph (ii), so far as it is known to the\nnotifying party.\n7 Address of person named in notice under regulation 6 –\ncriminal proceedings\n(1) On the application of a party in a criminal proceeding, the court may\nmake an order directing the notifying party to disclose the address\nof any person named in a notice given under regulation 6 who saw,\nheard or otherwise perceived conduct or events referred to in the\nnotice if the court is satisfied that:\n(a) the address is relevant to the offence charged; and\n(b) one of the following applies:\n(i) disclosure is not likely to present a reasonably\nascertainable risk to the welfare or physical safety of any\nperson; or\n(ii) the interests of justice outweigh any risk referred to in\nsubparagraph (i).\n(2) A direction given under subregulation (1) may be given on such\nterms as the court thinks fit.\n7A Judicial entity\nFor the purposes of the Dictionary to the Act, definition judicial\nentity, paragraph (b), the ICAC is prescribed.\n8 Forms\nThe forms in the Schedule are prescribed for the purposes of the\nprovisions of the Act specified in the forms.\n\nSchedule Forms\nEvidence (National Uniform Legislation) Regulations 2012 5\nSchedule Forms\nregulation 8\nFORM 1\n[ heading as in originating process ]\nCERTIFICATE UNDER SECTION 128 1/128A 1 OF EVIDENCE (NATIONAL\nUNIFORM LEGISLATION) ACT 2011\nThis Court certifies under section 128 1/128A 1 of the Evidence (National\nUniform Legislation) Act 2011 that evidence in these proceedings by [ name of\nwitness ] on [ date or dates], a record of which is attached to this certificate, is\nevidence 1/information 1 to which section 128(7)1/128A(8)1 of that Act applies.\nDate: _________________\n___________________________\nSignature of Judge\nNote\n1Section 128(7) of the Evidence (National Uniform Legislation) Act 2011 reads as follows:\n(7) In any proceeding in a Territory court or before any person or body authorised by\na law of the Territory, or by consent of parties, to hear, receive and examine\nevidence:\n(a) evidence given by a person in respect of which a certificate under this\nsection has been given; and\n(b) any information, document or thing obtained as a direct or indirect\nconsequence of the person having given evidence;\ncannot be used against the person. However, this does not apply to a criminal\nproceeding in respect of the falsity of the evidence.\n1Section 128A(8) of the Evidence (National Uniform Legislation) Act 2011 reads as follows:\n(8) In any proceeding in a Territory court:\n(a) evidence of information disclosed by a relevant person in respect of which\na certificate has been given under this section; and\n(b) evidence of any information, document or thing obtained as a direct result\nor indirect consequence of the relevant person having disclosed that\ninformation;\ncannot be used against the person. However, this does not apply to a criminal\nproceeding in respect of the falsity of the evidence concerned.\nNotes for completing form\n1 Delete as appropriate.\n2 A transcript, or other record, of the evidence is to be attached to this certificate, and\nduly authenticated by the court or its proper officer.\n\nSchedule Forms\nEvidence (National Uniform Legislation) Regulations 2012 6\nFORM 2\n[ heading as in originating process ]\nAFFIDAVIT OF MEMBER OF STATE OR TERRITORY POLICE FORCE\nCONCERNING FINGERPRINTS UNDER SECTION 179 OF EVIDENCE\n(NATIONAL UNIFORM LEGISLATION) ACT 2011\nI, [ name ] of [ address ], a member of the police force of [ State or Territory ]\nmake oath and say1/do solemnly and sincerely affirm 2:\n1. I am a fingerprint expert for the police force of [ State or Territory ].\n2. I have examined the fingerprint card marked for identification with the\nletter \"A\".\n3. I have compared the fingerprints shown on that card with the fingerprints\nshown on the fingerprint card in the records held by the police force of\n[ State or Territory ] showing the fingerprints of [ name of person and any\nalias ].\n4. The fingerprints on those cards are identical.\n5. According to the records of the police force of [ State or Territory ], which\nI believe to be accurate, [ name of person ] was convicted in that [ State\nor Territory ] of the following offence(s) – [ state offence(s) ].\n6. Annexed to this affidavit and marked with the letters [ insert an\nalphabetical sequence of letters, commencing at \"B\", corresponding to\nthe number of annexures ], are certified copies or certificates of\nconviction for each of those convictions.\n7. From an examination of the records referred to above, I believe that the\nperson referred to in each annexed certified copy or certificate as having\nbeen convicted of the offence stated in it is identical with the person\nwhose fingerprints are shown on the fingerprint cards referred to in\nparagraph 3 of this affidavit.\nMade 1/Sworn 2/affirmed 2 at [ place ] ______on [ date ] ____________\nBy [ signature of deponent ] _________________________________\nWitnessed by\nSignature ______________________________________\nJustice of the peace 3/commissioner for oaths3\nName ______________________________________\nAddress or phone no. _________________________________\nNotes for completing form\n1 This phrase must be used if the affidavit is made in the Northern Territory and may be\nused if the affidavit is sworn outside of the Northern Territory.\n2 This phrase must not be used if the affidavit is made in the Northern Territory.\n\nSchedule Forms\nEvidence (National Uniform Legislation) Regulations 2012 7\n3 Delete as appropriate for affidavits made in the Northern Territory or insert the title of\nthe proper officer if the affidavit is made outside the Northern Territory.\n4 An affidavit made in the Northern Territory must comply with the Oaths, Affidavits and\nStatutory Declarations Act 2010.\n\nSchedule Forms\nEvidence (National Uniform Legislation) Regulations 2012 8\nFORM 3\n[ heading as in originating process ]\nAFFIDAVIT OF MEMBER OF AUSTRALIAN FEDERAL POLICE\nCONCERNING FINGERPRINTS UNDER SECTION 180 OF EVIDENCE\n(NATIONAL UNIFORM LEGISLATION) ACT 2011\nI, [ name of deponent ] of [ address of deponent ], a member1/special\nmember1/staff member1 of the Australian Federal Police, make oath and\nsay2/do solemnly and sincerely affirm 3:\n1. I am a fingerprint expert for the Australian Federal Police.\n2. I have examined the fingerprint card marked for identification with the\nletter \"A\".\n3. I have compared the fingerprints shown on that card with the fingerprints\nshown on the fingerprint card in the records held by the Australian\nFederal Police showing the fingerprints of [ name of person and alias, if\nany ].\n4. The fingerprints on those cards are identical.\n5. According to the records of the Australian Federal Police, which I believe\nto be accurate, [ name of person ] was convicted of the following\noffence(s) against a law of the Commonwealth: [ state offence(s) ].\n6. Annexed to this affidavit and marked with the letters [ insert an\nalphabetical sequence of letters, commencing at \"B\", corresponding to\nthe number of annexures ], are certified copies or certificates of\nconviction for each of those convictions.\n7. From an examination of the records referred to above, I believe that the\nperson referred to in each annexed certified copy or certificate as having\nbeen convicted of the offence stated in it is identical with the person\nwhose fingerprints are shown on the fingerprint cards referred to in\nparagraph 3 of this affidavit.\nMade 2/Sworn 3/affirmed 3 at [ place ] ______on [ date ] ____________\nBy [ signature of deponent ] _________________________________\nWitnessed by\nSignature ______________________________________\nJustice of the peace 4/commissioner for oaths4\nName ______________________________________\nAddress or phone no. _________________________________\nNotes for completing form\n1 Delete as appropriate.\n\nSchedule Forms\nEvidence (National Uniform Legislation) Regulations 2012 9\n2 This phrase must be used if the affidavit is made in the Northern Territory and may be\nused if the affidavit is sworn outside of the Northern Territory.\n3 This phrase must not be used if the affidavit is made in the Northern Territory.\n4 Delete as appropriate for affidavits made in the Northern Territory or insert the title of\nthe proper officer if the affidavit is made outside the Northern Territory.\n5 An affidavit made in the Northern Territory must comply with the Oaths, Affidavits and\nStatutory Declarations Act 2010.\n\nSchedule Forms\nEvidence (National Uniform Legislation) Regulations 2012 10\nFORM 4\nCERTIFICATE OF CONVICTIONS, ACQUITTALS AND OTHER JUDICIAL\nPROCEEDINGS UNDER SECTION 178 OF EVIDENCE (NATIONAL\nUNIFORM LEGISLATION) ACT 2011\nI, [ name ], being a [ title of office 1 ] of the [ applicable court 2 ] certify that,\naccording to the records of the Court,\n3 on [ date ] at [ venue of Court ] [ name of person ] was\nconvicted/acquitted/sentenced 4 of [ particulars of conviction/\nacquittal/sentence] .\n3 on [ date ] [ name of person ] is/was4 a party to the following proceeding\nbefore the Court – [ particulars of proceeding, including names of parties\nand nature of proceeding ].\n3 on [ date ] at [ venue of Court ] in [ proceedings5 ] between [ name of\nparties ] the following order was made by the Court – [ terms of order ].\nDate: _________________\n___________________________\nSignature of [ title of office 1 ]\nNotes for completing form\n1 Insert \"Judge\", \"Registrar\" or title of other proper officer.\n2 Insert name of applicable court and jurisdiction (if outside the Northern Territory).\n3 Delete paragraphs as appropriate.\n4 Delete as appropriate.\n5 Set out the nature of the proceedings.\n\nENDNOTES\nEvidence (National Uniform Legislation) Regulations 2012 11\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nEvidence (National Uniform Legislation) Regulations (SL No. 46, 2012)\nNotified 14 December 2012\nCommenced 1 January 2013 (r 2, s 2 Evidence (National Uniform\nLegislation) Act 2011 (Act No. 33, 2012) and Gaz G51,\n19 December 2012, p 4)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nIndependent Commissioner Against Corruption Amendment Act 2023 (Act No. 29,\n2023)\nAssent date 13 November 2023\nCommenced s 45: 2 January 2024 (s 2(2)); rem: 14 November 2023\n(s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: rr 1 and 2 and Sch.\n4 LIST OF AMENDMENTS\nr 7A ins Act No. 29, 2023, s 56\nsch amd Act No. 8, 2016, s 45","sortOrder":0}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, there is no evidence that the scope of this instrument has changed from its original intent. It remains a supporting regulatory instrument for the Evidence (National Uniform Legislation) Act, consistent with its original purpose of providing technical rules for evidence law in the Northern Territory."},"complexity_factors":["The document provided contains very limited substantive content — mostly metadata and formatting headers rather than actual regulatory text","What little is present relates to a technical legal framework (uniform evidence law) that has cross-jurisdictional implications","Regulations of this type typically contain technical definitions and procedural rules requiring legal literacy to fully interpret","The national uniform legislation scheme itself involves coordinated law-making across multiple jurisdictions, adding inherent structural complexity","Without the actual regulatory provisions being visible, a full complexity assessment cannot be made — score reflects the metadata only"],"plain_english_summary":"These regulations set out the detailed technical rules that support the Evidence (National Uniform Legislation) Act in the Northern Territory, acting as the procedural \"instruction manual\" for how evidence is handled in NT courts. \n\nThey affect judges, lawyers, parties and government agencies involved in proceedings and help maintain consistency with Australia’s national uniform evidence framework; the current version commenced 14 November 2023."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulations chiefly operationalise the Evidence (National Uniform Legislation) Act by prescribing notice contents, disclosure procedures and forms. A marked scope change appears in r 7A (inserted by Act No. 29, 2023, s 56), which expressly prescribes the ICAC as a ‘judicial entity’ for the Act’s Dictionary definition, thereby extending certain evidentiary procedures and protections to proceedings involving that body. Other amendments adjust forms and technical matters (see Endnotes)."},"complexity_factors":["Prescribes detailed content and attachment requirements for multiple notice types, increasing drafting and compliance burden on parties (reg 4, reg 6).","Cross-references to numerous Act provisions (e.g. ss 63–67, 97–99, 128, 178–180) require users to coordinate regulation text with the primary statute.","Court discretion to order disclosure of addresses subject to welfare/safety and interests-of-justice tests creates case-by-case uncertainty (regs 5 and 7).","Multiple prescribed forms and strict completion notes in the Schedule impose formal requirements and procedural technicalities for evidence certification and affidavits (reg 8, Schedule).","Recent amendment prescribing the Independent Commissioner Against Corruption (ICAC) as a ‘judicial entity’ broadens the institutional reach of specified provisions (r 7A; Endnotes)."],"plain_english_summary":"These regulations set out detailed procedural requirements and standard forms for evidence matters under the Evidence (National Uniform Legislation) Act 2011. They specify what must be in notices to rely on previous representations, tendency and coincidence evidence, and prescribe certificates and affidavits (including fingerprint and conviction certificates).\n\nThey affect parties and courts in civil and criminal proceedings by fixing notice contents, documentary attachments and when courts may order disclosure of named persons’ addresses (subject to safety and interests-of-justice balancing), so parties bear compliance costs and judges exercise case-by-case discretion."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulations remain tightly focused on their original purpose: providing procedural machinery and prescribed forms for the operation of the Evidence (National Uniform Legislation) Act 2011. The only substantive addition since commencement is regulation 7A (prescribing the ICAC as a judicial entity), which is a minor definitional update consistent with the original regulatory scheme. The scope has not expanded beyond procedural support for evidence law."},"complexity_factors":["Multiple cross-references to specific subsections of the parent Act (sections 63, 64, 65, 67, 97, 98, 99, 128, 128A, 178, 179, 180)","Nested conditional logic in regulations 5 and 7 requiring courts to balance competing interests (relevance vs safety vs justice)","Detailed documentary requirements for notices including specific particulars (dates, times, places, names, addresses)","Four prescribed forms with complex completion notes requiring deletion of alternative phrases depending on jurisdiction and circumstances","Regulation 4 contains four separate subsections with different notice requirements depending on which evidentiary exception is being relied upon"],"plain_english_summary":"**What this legislation does:**\n\nThese Regulations set out the practical paperwork and procedural rules for how evidence is handled in Northern Territory courts under the Evidence (National Uniform Legislation) Act 2011. Think of them as the \"how-to\" guide for the main Act.\n\n**Key things covered:**\n\n*   **Notice requirements for hearsay evidence** (when someone wants to use out-of-court statements as evidence): The Regulations specify exactly what information must be included in notices to the other party, including details about who said what, when, where, and to whom. They also require copies of any written statements to be attached.\n\n*   **Notice requirements for tendency and coincidence evidence** (when someone wants to show a person has a pattern of behaviour, or that similar events happening together isn't just chance): Again, the Regulations set out the specific details that must be provided in advance to the other side.\n\n*   **Protection of addresses in criminal cases**: In criminal proceedings, if a witness's address is disclosed in these notices, the other party can ask the court to reveal it—but only if the court is satisfied that (a) the address is relevant to the crime, and (b) either there's no safety risk to anyone, or the interests of justice outweigh any safety risk.\n\n*   **Prescribed forms**: The Schedule contains official court forms for:\n    *   Certificates protecting witnesses who might incriminate themselves (so their evidence can't be used against them later)\n    *   Police affidavits about fingerprint evidence for proving prior convictions\n    *   Certificates of court convictions and proceedings\n\n*   **Definition of \"judicial entity\"**: Clarifies that the Independent Commissioner Against Corruption (ICAC) is considered a judicial entity for the purposes of the Act.\n\n**Who it affects:**\n\n*   Lawyers and self-represented litigants in Northern Territory courts\n*   Police officers preparing fingerprint evidence\n*   Witnesses whose addresses might be disclosed\n*   Courts administering these procedural requirements\n\n**Why it matters:**\n\nThese rules ensure fairness by making sure everyone knows what evidence will be used against them in advance. They balance transparency (sharing information) with protection (especially for witness safety in criminal cases). Without these detailed procedures, the main Evidence Act wouldn't work smoothly in practice."}},"importantCases":[],"_links":{"self":"/api/acts/evidence-national-uniform-legislation-regulations-2012","history":"/api/acts/evidence-national-uniform-legislation-regulations-2012/history","analysis":"/api/acts/evidence-national-uniform-legislation-regulations-2012/analysis","conflicts":"/api/acts/evidence-national-uniform-legislation-regulations-2012/conflicts","importantCases":"/api/acts/evidence-national-uniform-legislation-regulations-2012/important-cases","documents":"/api/acts/evidence-national-uniform-legislation-regulations-2012/documents"}}