{"id":"nsw:sl-2020-0452","name":"Evidence Regulation 2020","slug":"evidence-regulation-2020","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"452 of 2020","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176436,"registerId":"nsw-nsw:sl-2020-0452-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Evidence Regulation 2020](/view/html/inforce/current/sl-2020-0452).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Evidence Regulation 2015](/view/html/repealed/current/sl-2015-0516), which would otherwise be repealed on 1 September 2020 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > address includes a private, business or official address.\n> > \n> > notifying party, in relation to a notice, means the person giving the notice.\n> > \n> > the Act means the [Evidence Act 1995](/view/html/inforce/current/act-1995-025).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.\n> \n> > (2) In this Regulation, a reference to a Form is a reference to a Form set out in Schedule 1.\n> \n> > (3) Notes included in this Regulation do not form part of this Regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notice of previous representation","content":"#### 4 Notice of previous representation\n\n4 Notice of previous representation\n\n> > (1) A notice given under section 67(1) of the Act (a notice of previous representation) must be given in accordance with the requirements of this clause.\n> \n> > (2) A notice of previous representation must state—\n> > \n> > > (a) subject to subclause (6), the substance of evidence of a previous representation that the notifying party intends to adduce, and\n> > \n> > > (b) the substance of all other relevant representations made by the person who made that previous representation, so far as they are known to the notifying party, and\n> > \n> > > (c) particulars of—\n> > > \n> > > > (i) the date, time, place and circumstances at or in which each of the representations mentioned in paragraph (a) or (b) was made, and\n> > > \n> > > > (ii) the names of the persons by whom, and the persons to whom, each of those representations was made, and\n> > > \n> > > > (iii) in a civil proceeding—the address of each person so named, so far as it is known to the notifying party.\n> \n> > (3) If a notifying party intends to rely on any of sections 63(2)(a) or (b) or 65(2)(a), (b), (c) or (d), (3)(a) or (b) or (8)(a) or (b) of the Act, the party’s notice of previous representation must state particulars of the facts that the party will rely on to establish that a person who made a representation referred to in the notice is not available to testify.\n> \n> > (4) If a notifying party intends to rely on section 64(2)(a) or (b) of the Act, the party’s notice of previous representation must state particulars of the facts that the party will rely on to establish the grounds specified in section 64(2) of the Act.\n> \n> > (5) If a notice of previous representation refers to a previous representation that is in writing—\n> > \n> > > (a) a copy of the document, or of the relevant portion of the document, containing the representation must be attached to the notice, and\n> > \n> > > (b) the notice must identify the document unless—\n> > > \n> > > > (i) a copy of the document is attached to the notice, and\n> > > \n> > > > (ii) the identity of the document is apparent on the face of the copy.\n> \n> > (6) If a copy of a document, or of a portion of a document, is attached to a notice of previous representation, it is a sufficient compliance for the purposes of subclause (2)(a) to specify in the notice, or in the copy of a document or portion of a document attached to the notice, the representation referred to in the notice.\n> \n> > (7) On the application of a party in a criminal proceeding, the court may make an order directing a notifying party to disclose the address of any person named by that party in a notice of previous representation—\n> > \n> > > (a) who made a representation referred to in the notice, or\n> > \n> > > (b) to whom the representation was made.\n> \n> > (8) The direction may be given on any terms that the court thinks fit.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Notice of tendency evidence","content":"#### 5 Notice of tendency evidence\n\n5 Notice of tendency evidence\n\n> > (1) A notice given under section 97(1)(a) of the Act (a notice of tendency evidence) must be given in accordance with the requirements of this clause.\n> \n> > (2) A notice of tendency evidence must state—\n> > \n> > > (a) the substance of the evidence to which the notice relates, and\n> > \n> > > (b) if that evidence consists of, or includes, evidence of the conduct of a person, particulars of—\n> > > \n> > > > (i) the date, time, place and circumstances at or in which the conduct occurred, and\n> > > \n> > > > (ii) the name of each person who saw, heard or otherwise perceived the conduct, and\n> > > \n> > > > (iii) in a civil proceeding—the address of each person so named, so far as it is known to the notifying party.\n> \n> > (3) On the application of a party in a criminal proceeding, the court may make an order directing a notifying party to disclose the address of any person named by that party in a notice of tendency evidence who saw, heard or otherwise perceived conduct or events referred to in the notice.\n> \n> > (4) The direction may be given on any terms that the court thinks fit.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Notice of coincidence evidence","content":"#### 6 Notice of coincidence evidence\n\n6 Notice of coincidence evidence\n\n> > (1) A notice given under section 98(1)(a) of the Act (a notice of coincidence evidence) must be given in accordance with the requirements of this clause.\n> \n> > (2) A notice of coincidence evidence must state—\n> > \n> > > (a) the substance of the evidence of the occurrence of 2 or more events that the party giving the notice intends to adduce, and\n> > \n> > > (b) particulars of—\n> > > \n> > > > (i) the date, time, place and circumstances at or in which each of those events occurred, and\n> > > \n> > > > (ii) the name of each person who saw, heard or otherwise perceived each of those events, and\n> > > \n> > > > (iii) in a civil proceeding—the address of each person so named, so far as it is known to the notifying party.\n> \n> > (3) On the application of a party in a criminal proceeding, the court may make an order directing a notifying party to disclose the address of any person named by that party in a notice of coincidence evidence who saw, heard or otherwise perceived conduct or events referred to in the notice.\n> \n> > (4) The direction may be given on any terms that the court thinks fit.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Privilege against self-incrimination—form of certificate","content":"#### 7 Privilege against self-incrimination—form of certificate\n\n7 Privilege against self-incrimination—form of certificate\n\n> > (1) A certificate under section 128 or 128A of the Act may be in accordance with Form 1.\n> \n> > (2) A certificate is not liable to be called into question by reason of its non-compliance with Form 1.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Self incrimination certificates—declaration of prescribed State or Territory provisions","content":"#### 8 Self incrimination certificates—declaration of prescribed State or Territory provisions\n\n8 Self incrimination certificates—declaration of prescribed State or Territory provisions\n\n> > (1) The following provisions are declared to be prescribed State or Territory provisions for the purposes of section 128(12) of the Act—\n> > \n> > > (a) section 128 of the Evidence Act 2011 of the Australian Capital Territory,\n> > \n> > > (b) section 128 of the Evidence Act 2004 of Norfolk Island,\n> > \n> > > (c) section 128 of the Evidence (National Uniform Legislation) Act 2011 of the Northern Territory,\n> > \n> > > (d) section 128 of the Evidence Act 2001 of Tasmania,\n> > \n> > > (e) section 57 of the Coroners Act 2008 of Victoria,\n> > \n> > > (f) section 128 of the Evidence Act 2008 of Victoria,\n> > \n> > > (g) section 47 of the Coroners Act 1996 of Western Australia,\n> > \n> > > (h) section 11 of the Evidence Act 1906 of Western Australia.\n> \n> > (2) The following provisions are declared to be prescribed State or Territory provisions for the purposes of section 128A(11) of the Act—\n> > \n> > > (a) section 128A of the Evidence Act 2011 of the Australian Capital Territory,\n> > \n> > > (b) section 128A of the Evidence (National Uniform Legislation) Act 2011 of the Northern Territory,\n> > \n> > > (c) section 128A of the Evidence Act 2001 of Tasmania,\n> > \n> > > (d) section 128A of the Evidence Act 2008 of Victoria.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Fingerprint evidence of identity—affidavits by State or Territory police officers","content":"#### 9 Fingerprint evidence of identity—affidavits by State or Territory police officers\n\n9 Fingerprint evidence of identity—affidavits by State or Territory police officers\n\n> For the purposes of section 179 of the Act, the prescribed form of affidavit is Form 2.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Fingerprint evidence of identity—affidavits by Australian Federal Police officers","content":"#### 10 Fingerprint evidence of identity—affidavits by Australian Federal Police officers\n\n10 Fingerprint evidence of identity—affidavits by Australian Federal Police officers\n\n> For the purposes of section 180 of the Act, the prescribed form of affidavit is Form 3.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Repeal and savings","content":"#### 11 Repeal and savings\n\n11 Repeal and savings\n\n> > (1) The [Evidence Regulation 2015](/view/html/repealed/current/sl-2015-0516) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Evidence Regulation 2015](/view/html/repealed/current/sl-2015-0516), had effect under that Regulation is taken to have effect under this Regulation.","sortOrder":10},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Forms","content":"# Schedule 1 Forms\n\nSchedule 1 Forms\n\n(Clause 3(2))\n\nForm 1 Certificate under section 128 or 128A of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025)\n\n(Clause 7)\n\n\\[*Set out heading to action or matter*\\]\n\nThis Court certifies under section 128\\*/128A\\* of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025) of New South Wales that evidence in these proceedings by \\[*state name of witness*\\] on \\[*state date or dates*\\], a record of which is attached to this certificate, is evidence\\*/information\\* to which section 128(7)\\*/ 128A(8)\\* of that Act applies.\n\n*A transcript, or other record, of the evidence is to be attached to this certificate, and duly authenticated by the Court or its proper officer.*\n\nDated—\n\n|  | L.S. |\n|  | (affix seal) |\n\nJudge or magistrate of the Court\n\n*\\*Delete if not applicable*\n\nNote.\n\nSection 128(7) of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025) provides as follows—\n\n> > (7) In any proceeding in a NSW court or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence—\n> > \n> > > (a) evidence given by a person in respect of which a certificate under this section has been given, and\n> > \n> > > (b) evidence of any information, document or thing obtained as a direct or indirect consequence of the person having given evidence,\n> > \n> > cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.\n\nSection 128A(8) of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025) provides as follows—\n\n> > (8) In any proceeding in a NSW court or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence—\n> > \n> > > (a) evidence of information disclosed by a relevant person in respect of which a certificate has been given under this section, and\n> > \n> > > (b) evidence of any information, document or thing obtained as a direct result or indirect consequence of the relevant person having disclosed that information,\n> > \n> > cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence concerned.\n\nForm 2 Affidavit of member of State or Territory police force concerning fingerprints\n\n(Clause 9)\n\n(Section 179(1)(a) of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025))\n\n\\[*Set out heading to action or matter*\\]\n\nI, \\[*name of deponent*\\] of \\[*address of deponent*\\], a member of the police force of \\[*State or Territory*\\] make oath and say\\*/affirm\\*—\n\n> 1. I am a fingerprint expert for the police force of \\[*State or Territory*\\].\n\n> 2. I have examined the fingerprint card marked for identification with the letter “A”.\n\n> 3. I have compared the fingerprints shown on that card with the fingerprints shown on the fingerprint card in the records held by the police force of \\[*State or Territory*\\] showing the fingerprints of \\[*name of person and alias, if any*\\].\n\n> 4. The fingerprints on those cards are identical.\n\n> 5. According to the records of the police force of \\[*State or Territory*\\], which I believe to be accurate, \\[*name of person*\\] was convicted in that State\\*/Territory\\* of the following offences \\[*state offences*\\]—\n\n> 6. Annexed to this affidavit and marked with the letters \\[*insert an alphabetical sequence of letters, commencing at “B”, corresponding to the number of annexures*\\], are certified copies or certificates of conviction for each of those convictions.\n\n> 7. From an examination of the records referred to above, I believe that the person referred to in each annexed certified copy or certificate as having been convicted of the offence stated in it is identical with the person whose fingerprints are shown on the fingerprint cards referred to in paragraph 3 of this affidavit.\n\nSWORN\\*/AFFIRMED\\*  \nby the deponent at \\[*place*\\]  \nDate—\n\nBefore me—\n\n| (signature) | (signature) |\n|  |  |\n| A Justice of the Peace*/notary public*/Australian lawyer*/person authorised to take affidavits in New South Wales* | Deponent |\n\n*\\*Delete if not applicable*\n\n**Certificate under section 34(1)(c) of [Oaths Act 1900](/view/html/inforce/current/act-1900-020)**\n\n*\\*Please cross out any text that does not apply*\n\nI \\[*insert name of witness*\\], a Justice of the Peace\\*/notary public\\*/Australian lawyer\\*/person authorised to take affidavits in New South Wales\\*, certify the following matters concerning the making of this affidavit by the person who made it—\n\n> 1 \\*I saw the face of the person *or* \\*I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering.\n\n> 2 \\*I have known the person for at least 12 months *or* \\*I have confirmed the person’s identity using an identification document and the document I relied on was \\[*describe identification document relied on*\\].\n\n  \n\\[*insert signature of witness*\\]\n\nDate—\n\nForm 3 Affidavit of member of Australian Federal Police concerning fingerprints\n\n(Clause 10)\n\n(Section 180(1)(a) of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025))\n\n\\[*Set out heading to action or matter*\\]\n\nI, \\[*name of deponent*\\] of \\[*address of deponent*\\], a member\\*/special member\\*/staff member\\* of the Australian Federal Police, make oath and say\\*/affirm\\*—\n\n> 1. I am a fingerprint expert for the Australian Federal Police.\n\n> 2. I have examined the fingerprint card marked for identification with the letter “A”.\n\n> 3. I have compared the fingerprints shown on that card with the fingerprints shown on the fingerprint card in the records held by the Australian Federal Police showing the fingerprints of \\[*name of person and alias, if any*\\].\n\n> 4. The fingerprints on those cards are identical.\n\n> 5. According to the records of the Australian Federal Police, which I believe to be accurate, \\[*name of person*\\] was convicted of the following offences against a law of the Commonwealth \\[*state offences*\\]—\n\n> 6. Annexed to this affidavit and marked with the letters \\[*insert an alphabetical sequence of letters, commencing at “B”, corresponding to the number of annexures*\\], are certified copies or certificates of conviction for each of those convictions.\n\n> 7. From an examination of the records referred to above, I believe that the person referred to in each annexed certified copy or certificate as having been convicted of the offence stated in it is identical with the person whose fingerprints are shown on the fingerprint cards referred to in paragraph 3 of this affidavit.\n\nSWORN\\*/AFFIRMED\\*  \nby the deponent at \\[*place*\\]  \nDate—\n\nBefore me—\n\n| (signature) | (signature) |\n|  |  |\n| A Justice of the Peace*/notary public*/Australian lawyer*/person authorised to take affidavits in New South Wales* | Deponent |\n\n*\\*Delete if not applicable*\n\n**Certificate under section 34(1)(c) of [Oaths Act 1900](/view/html/inforce/current/act-1900-020)**\n\n*\\*Please cross out any text that does not apply*\n\nI \\[*insert name of witness*\\], a Justice of the Peace\\*/notary public\\*/Australian lawyer\\*/person authorised to take affidavits in New South Wales\\*, certify the following matters concerning the making of this affidavit by the person who made it—\n\n> 1 \\*I saw the face of the person *or* \\*I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering.\n\n> 2 \\*I have known the person for at least 12 months *or* \\*I have confirmed the person’s identity using an identification document and the document I relied on was \\[*describe identification document relied on*\\].\n\n  \n\\[*insert signature of witness*\\]\n\nDate—","sortOrder":11}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulation maintains its original limited scope as procedural machinery supporting the Evidence Act 1995. It repeals and replaces the 2015 version without expanding into new substantive areas of law."},"complexity_factors":["Only 4 defined terms in the interpretation section (address, notifying party, the Act, Form)","Straightforward procedural requirements with minimal conditional logic","Simple cross-references to specific sections of the parent Evidence Act 1995","Three standard form templates in Schedule 1 with fill-in-the-blank formatting","No nested exceptions or complex definitional chains","Short length (11 clauses plus schedule)"],"plain_english_summary":"This Regulation sets out the procedural rules for how certain types of evidence must be handled in NSW courts under the Evidence Act 1995.\n\n**What it does:**\n\n*   **Notice requirements:** It specifies what information lawyers must include when they give advance notice that they intend to use three specific types of evidence:\n    *   **Previous representations** (hearsay evidence — when someone wants to use an out-of-court statement made by another person)\n    *   **Tendency evidence** (evidence suggesting a person has a tendency to act in a certain way or has a particular character trait)\n    *   **Coincidence evidence** (evidence suggesting that because two or more similar events occurred, they were likely not coincidental)\n\n*   **Certificate forms:** It provides standard forms for certificates that protect witnesses from having their evidence used against them later (privilege against self-incrimination).\n\n*   **Fingerprint evidence:** It prescribes the exact wording for affidavits (sworn statements) that police officers must use when giving fingerprint evidence to prove someone's identity or criminal history.\n\n*   **Cross-border recognition:** It lists equivalent laws from other Australian states and territories that NSW will recognise for the purposes of self-incrimination certificates.\n\n**Who it affects:**\n\n*   Lawyers and parties in NSW court proceedings (both civil and criminal)\n*   Police officers giving fingerprint evidence\n*   Witnesses claiming privilege against self-incrimination\n\n**Why it matters:**\n\nThis Regulation ensures that parties receive fair warning about potentially prejudicial evidence being used against them, and it standardises important procedural documents. Without these rules, trials could be delayed or unfair because parties wouldn't know what evidence to prepare for."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This Regulation repeals and replaces the Evidence Regulation 2015 (cl.2 note; cl.11(1)). It preserves any act, matter or thing that had effect under the 2015 Regulation by taking that act, matter or thing to have effect under this Regulation (cl.11(2)). Mechanically, the instrument restates and prescribes the content of statutory notices and standard forms (cl.3–10; Schedule 1), so while the legal vehicle has been replaced, the Regulation preserves prior legal effects and continues to regulate the same classes of notices and forms referenced to the Evidence Act 1995."},"complexity_factors":["Multiple cross-references to the Evidence Act 1995 and specific Act sections (e.g. s.63, s.64, s.65, s.67, s.97, s.98, s.128, s.128A, s.179, s.180) increase interpretive steps (cl.4–6, cl.7–10).","Different notice types (previous representation, tendency, coincidence) each have distinct required particulars to be collected and disclosed (cl.4–6).","Court discretion to order disclosure of addresses on application and to impose terms introduces case-specific variability (cl.4(7)–(8); cl.5(3)–(4); cl.6(3)–(4)).","Prescribed forms allow optional deletions/alternatives and contain notes; Form 1 non-compliance is explicitly non-dispositive, producing nuance in enforcement (cl.7(2); Schedule 1 Forms 1–3).","Repeal and savings provisions require checking prior acts under the 2015 Regulation for transitional effect (cl.2 note; cl.11(1)–(2))."],"plain_english_summary":"This Regulation prescribes procedural rules and Schedule 1 forms for notices and certificates under the Evidence Act 1995 — notably the content required for notices of previous representation, tendency and coincidence evidence, self‑incrimination certificates, and police fingerprint affidavits. It standardises form and reduces uncertainty about compliant disclosures but shifts preparation costs and information‑gathering burdens onto notifying parties. Courts retain discretion in criminal matters to order further disclosure (including addresses), affecting what parties must reveal."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the regulation's scope changed from its original intent. The document supplied contains only administrative metadata, status notes, and website navigation elements — not the operative provisions of the regulation."},"complexity_factors":["Only metadata and administrative status information was provided — no substantive legal content is present in the document supplied","The underlying Evidence Act 1995 is a moderately complex piece of legislation, but the regulation itself (based on available text) appears to be a straightforward subordinate instrument","Automatic repeal mechanism under the Subordinate Legislation Act 1989 adds a minor layer of procedural context to understand"],"plain_english_summary":"## Evidence Regulation 2020 (NSW)\n\nThis is a **New South Wales regulation** made under the *Evidence Act 1995* (NSW). Unfortunately, the document provided contains only the **metadata and status information** for the regulation — not its actual substantive content. As a result, it is not possible to summarise what the regulation specifically requires or prohibits.\n\n### What we *can* tell you:\n- This regulation has been **in force since 7 August 2020** and has not been amended since.\n- It is scheduled to be **automatically repealed (cancelled) on 1 September 2026** under a standard NSW process that requires regulations to be periodically reviewed or remade — this is normal housekeeping, not a sign anything is wrong.\n- It sits under the *Evidence Act 1995*, which governs **how evidence is gathered, presented, and assessed in NSW courts and tribunals** — affecting anyone involved in legal proceedings, including ordinary people, lawyers, police, and businesses.\n\n### Why it might matter to you:\nIf you are involved in a court case, tribunal hearing, or formal legal proceeding in NSW, regulations under the Evidence Act can affect things like:\n- What documents or records count as valid evidence\n- How certain types of evidence must be presented\n- Specific procedural rules for particular kinds of proof\n\n*To understand the full impact, the actual text of the regulation would need to be reviewed.*"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/evidence-regulation-2020","history":"/api/acts/evidence-regulation-2020/history","analysis":"/api/acts/evidence-regulation-2020/analysis","conflicts":"/api/acts/evidence-regulation-2020/conflicts","importantCases":"/api/acts/evidence-regulation-2020/important-cases","documents":"/api/acts/evidence-regulation-2020/documents"}}