{"id":"nsw:act-1995-026","name":"Evidence on Commission Act 1995","slug":"evidence-on-commission-act-1995","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"26 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105686,"registerId":"nsw-act-1995-026-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Evidence on Commission Act 1995](/view/html/inforce/current/act-1995-026).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> Expressions used in this Act that are defined in the [Evidence Act 1995](/view/html/inforce/current/act-1995-025) have the meanings set out in that Act.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Examination of witnesses abroad","content":"# Part 2 Examination of witnesses abroad\n\nPart 2 Examination of witnesses abroad","sortOrder":4},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"## Division 1 Preliminary\n\nDivision 1 Preliminary","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n4 Definitions\n\n> In this Part—\n> \n> examination includes any proceeding for the taking of evidence of a person conducted by the judicial authorities of a foreign country in relation to a letter of request issued as a result of an order made by a court under this Part.\n> \n> inferior court means a court of the State (other than a superior court) except when exercising federal jurisdiction.\n> \n> superior court means—\n> \n> > (a) the Supreme Court, and\n> \n> > (b) the Land and Environment Court, and\n> \n> > (c) the Industrial Relations Commission in Court Session, and\n> \n> > (d) (Repealed)\n> \n> > (e) the Dust Diseases Tribunal of New South Wales, and\n> \n> > (f) the District Court,\n> \n> except when exercising federal jurisdiction.\n> \n> **s 4:** Am 1996 No 121, Sch 4.21 \\[1\\]; 2001 No 108, Sch 2; 2002 No 23, Sch 1.2 \\[1\\]; 2016 No 48, Sch 2.18 \\[1\\]; 2023 No 41, Sch 2.17\\[1\\].","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"References to evidence taken in an examination","content":"#### 5 References to evidence taken in an examination\n\n5 References to evidence taken in an examination\n\n> A reference in this Part to evidence taken in an examination includes a reference to—\n> \n> > (a) a document produced at the examination, and\n> \n> > (b) answers made to any written interrogatories presented at the examination, whether the answers are made in writing or are made orally and put in writing.","sortOrder":7},{"sectionNumber":"Division 2","sectionType":"division","heading":"Proceedings in superior courts","content":"## Division 2 Proceedings in superior courts\n\nDivision 2 Proceedings in superior courts","sortOrder":8},{"sectionNumber":"6","sectionType":"section","heading":"Orders for taking evidence abroad","content":"#### 6 Orders for taking evidence abroad\n\n6 Orders for taking evidence abroad\n\n> > (1) In any proceeding before a superior court, the court may, if it appears in the interests of justice to do so, on the application of a party to the proceeding, make an order relating to a person outside Australia—\n> > \n> > > (a) for examination of the person on oath or affirmation at any place outside Australia before a judge of the court, an officer of the court or such other person as the court may appoint, or\n> > \n> > > (b) for issue of a commission for examination of the person on oath or affirmation at any place outside Australia, or\n> > \n> > > (c) for issue of a letter of request to the judicial authorities of a foreign country to take the evidence of a person or cause it to be taken.\n> \n> > (2) In deciding whether it is in the interests of justice to make such an order, the matters to which the superior court is to have regard include the following—\n> > \n> > > (a) whether the person is willing or able to come to the State to give evidence in the proceeding,\n> > \n> > > (b) whether the person will be able to give evidence material to any issue to be tried in the proceeding,\n> > \n> > > (c) whether, having regard to the interests of the parties to the proceeding, justice will be better served by making or refusing to make the order.","sortOrder":9},{"sectionNumber":"7","sectionType":"section","heading":"Directions and requests relating to orders","content":"#### 7 Directions and requests relating to orders\n\n7 Directions and requests relating to orders\n\n> > (1) If a superior court makes an order of the kind referred to in section 6 (1) (a) or (b), the court may, at the time of making the order or at a later time, give such directions as it thinks just relating to the procedure to be followed in relation to the examination, including directions about—\n> > \n> > > (a) the time, place and manner of the examination, and\n> > \n> > > (b) any other matter that the court thinks relevant.\n> \n> > (2) If a superior court makes an order of the kind referred to in section 6 (1) (c), the court may include in the order a request about any matter relating to taking that evidence, including any of the following matters—\n> > \n> > > (a) examination, cross-examination or re-examination of the person, whether the person’s evidence is given orally, on affidavit or otherwise,\n> > \n> > > (b) attendance of the Australian legal practitioner representing each party to the proceeding in question and participation of those persons in the examination in appropriate circumstances,\n> > \n> > > (c) any matter prescribed by the regulations.\n> \n> **s 7:** Am 2009 No 56, Sch 3.4.","sortOrder":10},{"sectionNumber":"8","sectionType":"section","heading":"Use of evidence taken in an examination","content":"#### 8 Use of evidence taken in an examination\n\n8 Use of evidence taken in an examination\n\n> > (1) The superior court may, on such terms (if any) as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding—\n> > \n> > > (a) a person’s evidence taken in an examination held as a result of an order made under section 6, or\n> > \n> > > (b) a record of that evidence.\n> \n> > (2) Evidence of a person so tendered is not admissible if—\n> > \n> > > (a) it appears to the court’s satisfaction at the hearing of the proceeding that the person is in the State and is able to attend the hearing, or\n> > \n> > > (b) the evidence would not have been admissible had it been adduced at the hearing of the proceeding.","sortOrder":11},{"sectionNumber":"Division 3","sectionType":"division","heading":"Proceedings in inferior courts","content":"## Division 3 Proceedings in inferior courts\n\nDivision 3 Proceedings in inferior courts","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Orders for taking evidence abroad","content":"#### 9 Orders for taking evidence abroad\n\n9 Orders for taking evidence abroad\n\n> A superior court may, on the application of a party to a proceeding before an inferior court, exercise the same power to make an order of the kind referred to in Division 2 for the purpose of that proceeding as the superior court has under that Division for the purpose of a proceeding in the superior court.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Use of evidence taken in an examination","content":"#### 10 Use of evidence taken in an examination\n\n10 Use of evidence taken in an examination\n\n> > (1) The superior court may, on such terms (if any) as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding—\n> > \n> > > (a) a person’s evidence taken in an examination held as a result of an order made under section 9, or\n> > \n> > > (b) a record of that evidence.\n> \n> > (2) Evidence of a person so tendered is not admissible if—\n> > \n> > > (a) it appears to the court’s satisfaction at the hearing of the proceeding that the person is in the State and is able to attend the hearing, or\n> > \n> > > (b) the evidence would not have been admissible had it been adduced at the hearing of the proceeding.","sortOrder":14},{"sectionNumber":"Division 4","sectionType":"division","heading":"Subsequent proceedings","content":"## Division 4 Subsequent proceedings\n\nDivision 4 Subsequent proceedings","sortOrder":15},{"sectionNumber":"11","sectionType":"section","heading":"Directions for use in subsequent proceedings of evidence taken abroad","content":"#### 11 Directions for use in subsequent proceedings of evidence taken abroad\n\n11 Directions for use in subsequent proceedings of evidence taken abroad\n\n> > (1) If, under section 9, a superior court makes an order in relation to a committal proceeding, it may include in the order a direction that evidence taken outside Australia under the order may, subject to this Division, be tendered in a proceeding that is—\n> > \n> > > (a) a criminal proceeding that results from the committal proceeding, or\n> > \n> > > (b) a related civil proceeding.\n> \n> > (2) If, under section 6 or 9, a superior court makes an order in relation to a criminal proceeding (other than a committal proceeding), it may include in the order a direction that evidence taken outside Australia under the order may, subject to this Division, be tendered in a proceeding that is a related civil proceeding.\n> \n> > (3) In this section—\n> > \n> > related civil proceeding, in relation to a criminal proceeding, means any civil proceeding arising from the same subject-matter from which the criminal proceeding arose, and, in particular, includes—\n> > \n> > > (a) a proceeding under the [Confiscation of Proceeds of Crime Act 1989](/view/html/inforce/current/act-1989-090), or\n> > \n> > > (b) a proceeding for the recovery of tax, or of any duty, levy or charge payable to the State.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Use of evidence in subsequent proceedings","content":"#### 12 Use of evidence in subsequent proceedings\n\n12 Use of evidence in subsequent proceedings\n\n> > (1) This section applies to a proceeding to which a direction included in an order under section 6 or 9 relates.\n> \n> > (2) The court before which the proceeding takes place may, on such terms (if any) as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding—\n> > \n> > > (a) a person’s evidence taken in an examination held as a result of the order under section 6 or 9, or\n> > \n> > > (b) a record of that evidence.\n> \n> > (3) A person’s evidence so tendered is not admissible if—\n> > \n> > > (a) it appears to the court’s satisfaction at the hearing of the subsequent proceeding that the person is in Australia and is able to attend the hearing, or\n> > \n> > > (b) the evidence would not have been admissible had it been adduced at the hearing of the subsequent proceeding.","sortOrder":17},{"sectionNumber":"Division 5","sectionType":"division","heading":"General","content":"## Division 5 General\n\nDivision 5 General","sortOrder":18},{"sectionNumber":"13","sectionType":"section","heading":"Variation or revocation of orders","content":"#### 13 Variation or revocation of orders\n\n13 Variation or revocation of orders\n\n> > (1) A superior court may vary or revoke an order made by the court under section 6 or 9.\n> \n> > (2) The power to vary such an order includes the power to—\n> > \n> > > (a) include in the order a direction under section 11, or\n> > \n> > > (b) vary or revoke a direction under section 11 that is included in the order.\n> \n> > (3) If an order under section 6 or 9 that includes a direction under section 11 is revoked, the direction under section 11 is taken to have been revoked at the same time.","sortOrder":19},{"sectionNumber":"14","sectionType":"section","heading":"Courts may exercise certain powers in chambers","content":"#### 14 Courts may exercise certain powers in chambers\n\n14 Courts may exercise certain powers in chambers\n\n> A court may exercise its power under this Part in chambers.","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Operation of other laws","content":"#### 15 Operation of other laws\n\n15 Operation of other laws\n\n> This Part is not intended to exclude or limit the operation of any law of the State, or of any rule or regulation made under such a law, that provides for the examination of witnesses outside Australia for the purpose of a proceeding in the State.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Rules of court","content":"#### 16 Rules of court\n\n16 Rules of court\n\n> > (1) The power to make rules under an Act regulating the practice and procedure of a superior court extends, for the purpose of regulating proceedings brought under this Part in or before that court, to making any rules prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Part.\n> \n> > (2) In particular, rules may be made prescribing matters for or with respect to the practice and procedure of the superior court in proceedings for the making of an order under section 6 or 9.\n> \n> > (3) Rules so made must not be inconsistent with this Act or any regulation made under section 37.\n> \n> > (4) This section does not affect any power to make rules under any other law.","sortOrder":22},{"sectionNumber":"Part 3","sectionType":"part","heading":"Examination of witnesses outside the State but within Australia","content":"# Part 3 Examination of witnesses outside the State but within Australia\n\nPart 3 Examination of witnesses outside the State but within Australia","sortOrder":23},{"sectionNumber":"17","sectionType":"section","heading":"Application of this Part","content":"#### 17 Application of this Part\n\n17 Application of this Part\n\n> This Part does not apply to an examination outside Australia, and references in this Part to persons, acts, matters or things outside the State are to be read as excluding those outside Australia.","sortOrder":25},{"sectionNumber":"18","sectionType":"section","heading":"Definitions","content":"#### 18 Definitions\n\n18 Definitions\n\n> In this Part—\n> \n> examination includes any proceeding for the taking of evidence of a person conducted by the judicial authorities of a place outside the State in relation to a letter of request issued as a result of an order made by a court under this Part.\n> \n> inferior court means a court of the State (other than a superior court) except when exercising federal jurisdiction.\n> \n> judicial authority of a place outside the State means a court or person prescribed as an appropriate judicial authority for that place.\n> \n> superior court means—\n> \n> > (a) the Supreme Court, and\n> \n> > (b) the Land and Environment Court, and\n> \n> > (c) the Industrial Relations Commission in Court Session, and\n> \n> > (d) (Repealed)\n> \n> > (e) the Dust Diseases Tribunal of New South Wales, and\n> \n> > (f) the District Court,\n> \n> except when exercising federal jurisdiction.\n> \n> **s 18:** Am 1996 No 121, Sch 4.21 \\[2\\]; 2002 No 23, Sch 1.2 \\[2\\]; 2002 No 53, Sch 2.13; 2016 No 48, Sch 2.18 \\[2\\]; 2023 No 41, Sch 2.17\\[2\\].","sortOrder":26},{"sectionNumber":"19","sectionType":"section","heading":"References to evidence taken in an examination","content":"#### 19 References to evidence taken in an examination\n\n19 References to evidence taken in an examination\n\n> A reference in this Part to evidence taken in an examination includes a reference to—\n> \n> > (a) a document produced at the examination, and\n> \n> > (b) answers made to any written interrogatories presented at the examination, whether the answers are made in writing or are made orally and put in writing.","sortOrder":27},{"sectionNumber":"20","sectionType":"section","heading":"Orders for taking evidence outside NSW","content":"#### 20 Orders for taking evidence outside NSW\n\n20 Orders for taking evidence outside NSW\n\n> > (1) In any proceeding before a superior court, the court may, if it appears in the interests of justice to do so, make an order relating to a person outside the State—\n> > \n> > > (a) for examination of the person on oath or affirmation at any place outside the State before a judge of the court, an officer of the court or such other person as the court may appoint, or\n> > \n> > > (b) for issue of a commission for examination of the person on oath or affirmation at any place outside the State, or\n> > \n> > > (c) for issue of a letter of request to the judicial authorities of a place outside the State to take the evidence of a person or cause it to be taken.\n> \n> > (2) In deciding whether it is in the interests of justice to make such an order, the matters to which the superior court is to have regard include the following—\n> > \n> > > (a) whether the person is willing or able to come to the State to give evidence in the proceeding,\n> > \n> > > (b) whether the person will be able to give evidence material to any issue to be tried in the proceeding,\n> > \n> > > (c) whether, having regard to the interests of the parties to the proceeding, justice will be better served by making or refusing to make the order.","sortOrder":29},{"sectionNumber":"21","sectionType":"section","heading":"Directions and requests relating to orders","content":"#### 21 Directions and requests relating to orders\n\n21 Directions and requests relating to orders\n\n> > (1) If the superior court makes an order of the kind referred to in section 20 (1) (a) or (b), the court may, at the time of making the order or at a later time, give such directions as it thinks just relating to the procedure to be followed in relation to the examination, including directions about—\n> > \n> > > (a) the time, place and manner of the examination, and\n> > \n> > > (b) any other matter that the court thinks relevant.\n> \n> > (2) If the superior court makes an order of the kind referred to in section 20 (1) (c), the court may include in the order a request about any matter relating to taking that evidence, including any of the following matters—\n> > \n> > > (a) examination, cross-examination or re-examination of the person, whether the person’s evidence is given orally, on affidavit or otherwise,\n> > \n> > > (b) attendance of the Australian legal practitioner representing each party to the proceeding in question and participation of those persons in the examination in appropriate circumstances,\n> > \n> > > (c) any matter prescribed by the regulations.\n> \n> **s 21:** Am 2009 No 56, Sch 3.4.","sortOrder":30},{"sectionNumber":"22","sectionType":"section","heading":"Use of evidence taken in an examination","content":"#### 22 Use of evidence taken in an examination\n\n22 Use of evidence taken in an examination\n\n> > (1) The superior court may, on such terms (if any) as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding—\n> > \n> > > (a) a person’s evidence taken in an examination held as a result of an order made under section 20, or\n> > \n> > > (b) a record of that evidence.\n> \n> > (2) Evidence of a person so tendered is not admissible if—\n> > \n> > > (a) it appears to the court’s satisfaction at the hearing of the proceeding that the person is in the State and is able to attend the hearing, or\n> > \n> > > (b) the evidence would not have been admissible had it been adduced at the hearing of the proceeding.","sortOrder":31},{"sectionNumber":"23","sectionType":"section","heading":"Orders for taking evidence","content":"#### 23 Orders for taking evidence\n\n23 Orders for taking evidence\n\n> A superior court may, on the application of a party to a proceeding before an inferior court, exercise the same power to make an order of the kind referred to in Division 2 for the purpose of that proceeding as the superior court has under that Division for the purpose of a proceeding in the superior court.","sortOrder":33},{"sectionNumber":"24","sectionType":"section","heading":"Use of evidence taken in an examination","content":"#### 24 Use of evidence taken in an examination\n\n24 Use of evidence taken in an examination\n\n> > (1) The superior court may, on such terms (if any) as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding—\n> > \n> > > (a) a person’s evidence taken in an examination, or\n> > \n> > > (b) a record of that evidence.\n> \n> > (2) Evidence of a person so tendered is not admissible if—\n> > \n> > > (a) it appears to the court’s satisfaction at the hearing of the proceeding that the person is in the State and is able to attend the hearing, or\n> > \n> > > (b) the evidence would not have been admissible had it been adduced at the hearing of the proceeding.","sortOrder":34},{"sectionNumber":"25","sectionType":"section","heading":"Directions for use in subsequent proceedings of evidence taken abroad","content":"#### 25 Directions for use in subsequent proceedings of evidence taken abroad\n\n25 Directions for use in subsequent proceedings of evidence taken abroad\n\n> > (1) If, under section 23, a superior court makes an order in relation to a committal proceeding, it may include in the order a direction that evidence taken outside the State under the order may, subject to this Division, be tendered in a proceeding that is—\n> > \n> > > (a) a criminal proceeding that results from the committal proceeding, or\n> > \n> > > (b) a related civil proceeding.\n> \n> > (2) If, under section 20 or 23, a superior court makes an order in relation to a criminal proceeding (other than a committal proceeding), it may include in the order a direction that evidence taken outside the State under the order may, subject to this Division, be tendered in a proceeding that is a related civil proceeding.\n> \n> > (3) In this section—\n> > \n> > related civil proceeding, in relation to a criminal proceeding, means any civil proceeding arising from the same subject-matter from which the criminal proceeding arose, and, in particular, includes—\n> > \n> > > (a) a proceeding under the [Confiscation of Proceeds of Crime Act 1989](/view/html/inforce/current/act-1989-090), or\n> > \n> > > (b) a proceeding for the recovery of tax, or of any duty, levy or charge payable to the State.","sortOrder":36},{"sectionNumber":"26","sectionType":"section","heading":"Use of evidence in subsequent proceedings","content":"#### 26 Use of evidence in subsequent proceedings\n\n26 Use of evidence in subsequent proceedings\n\n> > (1) This section applies to a proceeding to which a direction included in an order under section 20 (1) or 23 relates.\n> \n> > (2) The court before which the proceeding takes place may, on such terms (if any) as it thinks fit, permit a party to the proceeding to tender as evidence in the proceeding—\n> > \n> > > (a) a person’s evidence taken in an examination held as a result of the order under section 20 (1) or 23, or\n> > \n> > > (b) a record of that evidence.\n> \n> > (3) A person’s evidence so tendered is not admissible if—\n> > \n> > > (a) it appears to the court’s satisfaction at the hearing of the subsequent proceeding that the person is in Australia and is able to attend the hearing, or\n> > \n> > > (b) the evidence would not have been admissible had it been adduced at the hearing of the subsequent proceeding.","sortOrder":37},{"sectionNumber":"27","sectionType":"section","heading":"Variation or revocation of orders","content":"#### 27 Variation or revocation of orders\n\n27 Variation or revocation of orders\n\n> > (1) A superior court may vary or revoke an order made by the court under section 20 or 23.\n> \n> > (2) The power to vary such an order includes the power to—\n> > \n> > > (a) include in the order a direction under section 25, or\n> > \n> > > (b) vary or revoke a direction under section 25 that is included in the order.\n> \n> > (3) If an order under section 20 or 23 that includes a direction under section 25 is revoked, the direction under section 25 is taken to have been revoked at the same time.","sortOrder":39},{"sectionNumber":"28","sectionType":"section","heading":"Courts may exercise certain powers in chambers","content":"#### 28 Courts may exercise certain powers in chambers\n\n28 Courts may exercise certain powers in chambers\n\n> A court may exercise its power under this Part in chambers.","sortOrder":40},{"sectionNumber":"29","sectionType":"section","heading":"Operation of other laws","content":"#### 29 Operation of other laws\n\n29 Operation of other laws\n\n> This Part is not intended to exclude or limit the operation of any law of the State, or of any rule or regulation made under such a law, that provides for the examination of witnesses outside the State for the purpose of a proceeding in the State.","sortOrder":41},{"sectionNumber":"30","sectionType":"section","heading":"Rules of court","content":"#### 30 Rules of court\n\n30 Rules of court\n\n> > (1) The power to make rules under an Act regulating the practice and procedure of a superior court extends, for the purpose of regulating proceedings brought under this Part in or before that court, to making any rules prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Part.\n> \n> > (2) In particular, rules may be made prescribing matters for or with respect to the practice and procedure of the superior court in proceedings for the making of an order under section 20 or 23.\n> \n> > (3) Rules so made must not be inconsistent with this Act or any regulation made under section 37.\n> \n> > (4) This section does not affect any power to make rules under any other law.","sortOrder":42},{"sectionNumber":"Part 4","sectionType":"part","heading":"Taking of evidence for foreign and Australian Courts","content":"# Part 4 Taking of evidence for foreign and Australian Courts\n\nPart 4 Taking of evidence for foreign and Australian Courts","sortOrder":43},{"sectionNumber":"31","sectionType":"section","heading":"Definitions","content":"#### 31 Definitions\n\n31 Definitions\n\n> In this Part—\n> \n> Australian court means a person or body authorised to exercise an adjudicative function—\n> \n> > (a) whether on behalf of a court or otherwise, and\n> \n> > (b) whether or not the person or body is empowered to require the answering of questions or the production of documents.\n> \n> proceedings means—\n> \n> > (a) proceedings in any civil or commercial matter, or\n> \n> > (b) proceedings in or before a court in relation to the commission of an offence or an alleged offence.\n> \n> property includes any land, chattel or other corporeal property of any description.\n> \n> request includes any commission, order or other process issued by or on behalf of a requesting court.\n> \n> requesting court means a court or tribunal by or on whose behalf a request is issued, as referred to in section 32.","sortOrder":44},{"sectionNumber":"32","sectionType":"section","heading":"Application to the Supreme Court for assistance in obtaining evidence for proceedings in other court","content":"#### 32 Application to the Supreme Court for assistance in obtaining evidence for proceedings in other court\n\n32 Application to the Supreme Court for assistance in obtaining evidence for proceedings in other court\n\n> > (1) The following provisions of this Part apply if an application is made to the Supreme Court for an order for evidence to be obtained in the State and the Court is satisfied—\n> > \n> > > (a) that the application is made in pursuance of a request issued by or on behalf of a court or tribunal exercising jurisdiction in a place outside the State, and\n> > \n> > > (b) that the evidence to which the application relates is to be obtained for the purposes of proceedings which either have been instituted before the requesting court or whose institution before that court is contemplated.\n> \n> > (2) This Part does not apply in respect of proceedings relating to the commission of an offence or an alleged offence unless the requesting court is a court of a place in Australia or of New Zealand.","sortOrder":45},{"sectionNumber":"33","sectionType":"section","heading":"Power of the Supreme Court to give effect to application for assistance","content":"#### 33 Power of the Supreme Court to give effect to application for assistance\n\n33 Power of the Supreme Court to give effect to application for assistance\n\n> > (1) The Supreme Court has power, if an application is made under section 32, by order to make such provision for obtaining evidence in the State as may appear to the Court to be appropriate for the purpose of giving effect to the request in pursuance of which the application is made.\n> \n> > (2) An order under this section may require a specified person to take such steps as the Court may consider appropriate for that purpose.\n> \n> > (3) Without limiting the generality of subsections (1) and (2), an order under this section may, in particular, make provision as follows—\n> > \n> > > (a) for the examination of witnesses, either orally or in writing,\n> > \n> > > (b) for the production of documents,\n> > \n> > > (c) for the inspection, photographing, preservation, custody or detention of any property,\n> > \n> > > (d) for the taking of samples of any property and the carrying out of any experiments on or with any property,\n> > \n> > > (e) for the medical examination of any person,\n> > \n> > > (f) without limiting paragraph (e), for the taking and testing of samples of blood from any person.\n> \n> > (4) An order under this section is not to require any particular steps to be taken unless they are steps that can be required to be taken by way of obtaining evidence for the purposes of proceedings in the Supreme Court (whether or not proceedings of the same description as those to which the application for the order relates).\n> \n> > (5) Subsection (4) does not preclude the making of an order requiring a person to give testimony (either orally or in writing) otherwise than on oath if this is asked for by the requesting court.\n> \n> > (6) An order under this section must not require a person—\n> > \n> > > (a) to state what documents relevant to the proceedings to which the application for the order relates are or have been in the person’s possession, custody or power, or\n> > \n> > > (b) to produce any documents other than particular documents specified in the order and appearing to the court making the order to be, or likely to be, in the person’s possession, custody or power.\n> \n> > (7) A person who, because of an order under this section, is required to attend at any place is entitled to similar conduct money and payment for expenses and loss of time on attendance as is a witness in proceedings before the Supreme Court.","sortOrder":46},{"sectionNumber":"34","sectionType":"section","heading":"Privilege of witnesses","content":"#### 34 Privilege of witnesses\n\n34 Privilege of witnesses\n\n> > (1) A person must not be compelled by virtue of an order under section 33 to give any evidence which the person could not be compelled to give—\n> > \n> > > (a) in similar proceedings in the State, or\n> > \n> > > (b) in similar proceedings in the place in which the requesting court exercises jurisdiction.\n> \n> > (2) Subsection (1) (b) does not apply unless the claim of the person in question to be exempt from giving evidence is either—\n> > \n> > > (a) supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled), or\n> > \n> > > (b) conceded by the applicant for the order.\n> \n> > (3) If such a claim by any person is not so supported or conceded, the person may (subject to the other provisions of this section) be required to give the evidence to which the claim relates, but that evidence is not to be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim.\n> \n> > (4) In this section, references to giving evidence include references to answering any question and to producing any document, and the reference in subsection (3) to the transmission of evidence given by a person is to be construed accordingly.","sortOrder":47},{"sectionNumber":"35","sectionType":"section","heading":"Operation of other laws","content":"#### 35 Operation of other laws\n\n35 Operation of other laws\n\n> This Part is not intended to exclude or limit the operation of any law of the State that provides for the taking of evidence in the State for the purpose of a proceeding outside the State.","sortOrder":48},{"sectionNumber":"36","sectionType":"section","heading":"Rules of court","content":"#### 36 Rules of court\n\n36 Rules of court\n\n> > (1) The power to make rules under the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052) extends to the making of rules for or with respect to—\n> > \n> > > (a) the manner in which an application under section 32 is to be made, and\n> > \n> > > (b) the circumstances in which an order can be made under section 33, and\n> > \n> > > (c) the manner in which any reference mentioned in section 34 (3) is to be made.\n> \n> > (2) Any such rules may include such incidental, supplementary and consequential provisions as are necessary or convenient.","sortOrder":49},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":50},{"sectionNumber":"37","sectionType":"section","heading":"Regulations","content":"#### 37 Regulations\n\n37 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, prescribing matters for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) In particular, regulations may be made for or with respect to the practice and procedure of the Supreme Court, the Land and Environment Court, the Industrial Relations Commission and the Dust Diseases Tribunal of New South Wales in proceedings for the making of an order under this Act.\n> \n> **s 37:** Am 1996 No 121, Sch 4.21 \\[3\\]; 2002 No 23, Sch 1.2 \\[3\\]; 2016 No 48, Sch 2.18 \\[3\\]; 2023 No 41, Sch 2.17\\[3\\].","sortOrder":51}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The supplied text does not indicate a change to the Act's original scope. The Act itself defines the scope and exclusions in Parts 2–4 (for overseas, out-of-State but intra-Australia, and assistance to foreign courts respectively) and includes notes of amendments to particular sections, but the text provided does not state that the Act's fundamental scope has been altered."},"complexity_factors":["Multiple parallel regimes: separate Parts for overseas evidence (Part 2), evidence outside the State but within Australia (Part 3), and assistance to foreign courts to obtain evidence in the State (Part 4).","Judicial discretion: repeated \"interests of justice\" tests and broad power to set procedural terms (s6(1), s6(2), s20(1), s20(2), s7, s21).","Interplay with other laws and procedural rules: explicit preservation of other State laws and delegation to rules of court and regulations (s15, s29, s35, s16, s36, s37) creates implementation variability.","Admissibility and privilege conditions: multiple cross-references limiting admissibility (s8, s10, s12, s22, s24, s26) and a separate privilege regime for foreign requests (s34).","Variety of compulsory powers and safeguards: orders can require production, medical tests and property inspection but are limited to particular documents (s33(3)–(6)).","Potential procedural differences between superior and inferior court contexts and ability of superior courts to act for inferior proceedings (s9, s23)."],"plain_english_summary":"What this Act does (mechanics)\n\n- The Act sets out how courts in the State can obtain evidence from people or things that are not physically before the court. It covers three main situations: (a) taking evidence from people outside Australia (Part 2); (b) taking evidence from people or places outside the State but still within Australia (Part 3); and (c) helping a foreign or non-State court obtain evidence located in the State (Part 4) (see s6, s20, s32–s33).\n\n- For proceedings before a superior court the court may, where it is \"in the interests of justice\", order one of three routes: direct examination of the witness abroad before a nominated person, issue a commission for examination, or issue a letter of request to the judicial authorities of the foreign place to take the evidence (s6(1), s20(1)). A superior court may also make orders for the benefit of proceedings in inferior courts on application (s9, s23).\n\n- When a court makes one of these orders it may add directions about procedure — time, place, manner, and other relevant procedural matters — and, for letters of request, may ask for attendance or participation of Australian legal practitioners and include matters prescribed by regulation (s7(1)–(2), s21(1)–(2)).\n\n- Evidence taken under these orders may be tendered in the original proceeding (and, in specified cases, in related subsequent proceedings) on such terms as the court thinks fit, but the evidence is not admissible if the person is in the State and can attend the hearing or if the evidence would otherwise be inadmissible (s8, s10, s12, s22, s24, s26).\n\n- The Supreme Court can, on application prompted by a request from a court outside the State, make orders to obtain evidence within the State for those foreign proceedings. Such orders can require examinations, production of documents, inspection or preservation of property, medical examination, blood testing and other steps the Court considers appropriate — subject to limits (s32–s33). The Court must not require general or unspecified disclosure: only particular documents that appear to be, or likely to be, in the person’s possession may be ordered (s33(6)(b)).\n\n- Witness privilege is preserved to the extent a person could not be compelled to give the same evidence in similar proceedings in the State or, in limited circumstances, in the place of the requesting court — and special rules apply where a foreign privilege claim is asserted (s34).\n\n- Courts may vary or revoke orders, may exercise the powers in chambers, and the procedural detail may be filled out by rules of court and regulations made under the Act (s13–s16, s27–s30, s36–s37). The Act also states it does not intend to exclude or limit other State laws that provide for examinations (s15, s29, s35).\n\nWho this affects and who decides\n\n- Who decides: Mainly superior courts (the Supreme Court, Land and Environment Court, Industrial Relations Commission in Court Session, Dust Diseases Tribunal and District Court, when not exercising federal jurisdiction) have power to make, vary or revoke orders under this Act (s4, s6, s20, s33). Rules and regulations (made by courts or the Governor) can shape practical procedure (s16, s36, s37).\n\n- Who is affected: parties to civil or criminal (non-federal-exercise) proceedings who need evidence located outside the State or outside Australia; witnesses who may be required to attend or provide documents under court order; and judicial or administrative authorities in other jurisdictions that receive letters of request or commissions. A person required to attend under an order is entitled to conduct money and reasonable expenses similar to a Supreme Court witness (s33(7)).\n\nWhy it matters (official purpose-claims and a practical test)\n\n- The Act creates legal channels to obtain out-of-jurisdiction evidence so courts can hear matters fairly when relevant witnesses or material are not within easy reach of the forum (see s6, s20, s33). That is the function asserted by the Act.\n\n- Testing that asserted function against implementation costs and trade-offs, the Act shows these features:\n  - Discretion and judicial gatekeeping: courts decide whether an order is \"in the interests of justice\" and may set terms for examination and use of evidence (s6(1), s6(2), s7(1), s8(1)). This concentrates decision power in judges and gives them scope to balance costs and probative value.\n  - Procedural complexity and compliance burden: witnesses and third parties can be required to attend, produce particular documents and undergo examinations (including medical or blood tests) if ordered (s33(3)–(5), s33(6)). The Act limits broad fishing expeditions by prohibiting orders for unspecified documents (s33(6)(b)), reducing the compliance burden compared with open-ended compulsion.\n  - Costs and who pays: the Act entitles witnesses attending under a Supreme Court order to conduct money and expenses like other Supreme Court witnesses (s33(7)). The Act does not itself allocate wider administrative or translation costs; those are left to court orders, rules of court or other applicable law.\n  - Interaction with other laws and duplication risk: the Act explicitly preserves other State laws and rules for examinations (s15, s29, s35). This allows multiple regimes to operate in parallel and may create duplication or choice-of-process questions for practitioners.\n  - Effects on private choice and litigation strategy: the availability of commissions, letters of request and local assistance creates substitutes for bringing witnesses to the forum — parties may choose abroad-examination over travel, which alters litigation budgets and scheduling.\n  - Implementation discretion: the Act relies on court practice rules and regulations to prescribe procedure (s16, s36, s37). That delegation means practical application can differ across courts and over time depending on rules and regulations.\n\nConcrete limits and protections\n\n- Evidence taken abroad or outside the State can be tendered but is excluded where the witness is in the State and able to attend or where the evidence would be ordinarily inadmissible (s8(2), s10(2), s12(3), s22(2), s24(2), s26(3)).\n- Privilege and immunity claims are protected as far as they would be in similar proceedings in the State; foreign privilege claims have special treatment and cannot automatically override State protections unless supported or conceded (s34).\n\nNet effect in practical terms\n\n- The Act gives courts a structured, discretionary toolset to obtain out-of-forum evidence and to cooperate with foreign or non-State courts for evidence-gathering, while preserving ordinary rules on admissibility and privilege and leaving procedural detail to rules and regulations (s6, s20, s33, s34, s16, s36, s37). Parties and witnesses face procedural requirements and some costs (notably conduct money for witnesses under s33(7)), and courts retain substantial discretion to tailor orders to the interests of justice (s6(2), s20(2), s7, s21)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act appears to maintain its original scope. It was designed to facilitate taking evidence from witnesses outside NSW and assisting foreign courts to obtain evidence from NSW. The amendments noted in the text (1996, 2001, 2002, 2009, 2016, 2023) appear to be updates to court names and terminology rather than expansion into new substantive areas. The structure remains focused on the two-way exchange of evidence between NSW and other jurisdictions."},"complexity_factors":["Parallel structure: Parts 2 and 3 are nearly identical, dealing with overseas vs interstate evidence respectively, creating duplication but not additional complexity","Cross-references to Evidence Act 1995 for definitions (s 3)","Multiple defined terms across Parts (examination, superior court, inferior court, judicial authority) with slight variations between Parts 2 and 3","Conditional admissibility rules: evidence taken abroad is inadmissible if witness is available locally (ss 8, 10, 12, 22, 24, 26)","Nested provisions for subsequent proceedings allowing evidence to flow from committal proceedings to criminal trials and related civil proceedings (ss 11, 25)","Privilege provisions requiring comparison of NSW law and foreign law (s 34)","Specific court naming conventions that have been amended multiple times (Dust Diseases Tribunal, Industrial Relations Commission, etc.)","Interaction with federal jurisdiction exclusions (superior/inferior courts defined as excluding federal jurisdiction)"],"plain_english_summary":"This Act sets up a system for taking evidence from witnesses who are located outside New South Wales for use in court cases happening inside the state. It covers two main situations:\n\n**1. Getting evidence from witnesses overseas or interstate for NSW court cases (Parts 2 and 3)**\n- If a witness is overseas or in another Australian state/territory and can't or won't come to NSW to give evidence, a NSW court can order that their evidence be taken where they are.\n- The court can send a \"letter of request\" to foreign judicial authorities asking them to take the witness's evidence, or appoint someone to go there and take the evidence.\n- Superior courts (like the Supreme Court, District Court, Land and Environment Court, etc.) can make these orders for their own cases, and can also make them for lower courts (inferior courts) if asked.\n- The evidence can be used in the original case, and sometimes in later related criminal or civil proceedings (like confiscation of crime proceeds).\n- However, if the witness is actually able to come to NSW and attend the hearing, the court won't let you use the overseas evidence instead.\n\n**2. Helping foreign and other Australian courts get evidence from NSW (Part 4)**\n- If a court overseas or in another Australian state (or New Zealand) needs evidence from someone in NSW for their own case, they can ask the NSW Supreme Court for help.\n- The Supreme Court can order NSW residents to give evidence, produce documents, allow inspection of property, provide medical samples, etc.\n- People can't be forced to give evidence if they have a legal privilege (like legal professional privilege) that would apply in NSW or in the requesting court's location.\n\n**Who it affects:** Lawyers, litigants, and witnesses in NSW court cases involving people located elsewhere; foreign courts needing evidence from NSW; and NSW residents asked to give evidence for overseas or interstate cases.\n\n**Why it matters:** It solves the practical problem of getting evidence from people who can't travel to NSW, while making sure the evidence is taken properly and fairly. It also ensures NSW cooperates with other jurisdictions that need evidence from here."},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have retained its original focused purpose of facilitating cross-border evidence gathering for foreign legal proceedings. The amendments over the years appear to have been refinements and updates rather than fundamental expansions of scope. However, without access to the full amendment history and explanatory memoranda, a definitive conclusion cannot be drawn."},"complexity_factors":["Involves interaction between multiple legal systems (domestic NSW law and foreign jurisdictions), requiring understanding of international legal cooperation frameworks","Cross-jurisdictional application means the law must account for varying foreign legal standards and procedures","Multiple amendments over nearly 30 years (1997 to 2024) create a layered legislative history that practitioners must navigate","Concepts such as letters of request (formal requests from foreign courts) and commissions (authorisations to take evidence) are specialised and unfamiliar to most people","Limited substantive content available in the provided document — the full Act text was not included, preventing deeper analysis of specific provisions","Interaction with other NSW and Commonwealth evidence laws adds interpretive complexity"],"plain_english_summary":"## Evidence on Commission Act 1995 (NSW)\n\n**What is this law?**\nThis is a New South Wales law that deals with gathering evidence for foreign courts and legal proceedings. In plain terms, it sets up a system where NSW courts can help collect evidence (such as witness statements or documents) on behalf of courts in other countries — and vice versa.\n\n**Who does it affect?**\n- People involved in legal proceedings overseas who need evidence from someone in NSW\n- NSW courts and judges asked to assist foreign legal bodies\n- Businesses or individuals who may be compelled (legally required) to provide evidence or documents for use in an overseas case\n- Lawyers and legal professionals handling cross-border litigation (legal disputes spanning multiple countries)\n\n**Why does it matter?**\nIn today's globalised world, legal disputes frequently cross national borders. If a court in, say, the United Kingdom needs a witness statement from someone living in Sydney, this Act provides the legal machinery to make that happen. Without it, foreign courts would have no practical way to compel Australian residents to cooperate with their proceedings.\n\n**Key points:**\n- NSW courts can issue orders (official legal instructions) requiring people to give evidence or produce documents for use in foreign courts\n- There are protections built in — you cannot generally be forced to give evidence you wouldn't have to give in the foreign court itself\n- The Act has been updated several times since 1995, with the most recent changes taking effect 1 July 2024\n- The Attorney General is the responsible minister\n\n**Note:** The document provided is largely metadata (administrative information about the law's publication history) rather than the full text of the Act itself, so a detailed section-by-section analysis is not possible from this source alone."}},"importantCases":[],"_links":{"self":"/api/acts/evidence-on-commission-act-1995","history":"/api/acts/evidence-on-commission-act-1995/history","analysis":"/api/acts/evidence-on-commission-act-1995/analysis","conflicts":"/api/acts/evidence-on-commission-act-1995/conflicts","importantCases":"/api/acts/evidence-on-commission-act-1995/important-cases","documents":"/api/acts/evidence-on-commission-act-1995/documents"}}