{"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 This Regulation repeals and replaces the [Evidence Regulation 2015](/view/html/repealed/current/sl-2015-0516), which would otherwise be repealed on 1 September 2020 by section 10(2) of the [Subordinate Legislation Act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":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulation maintains the identical scope of its predecessor by continuing to supply procedural machinery (notice content, prescribed forms and declarations) for the Evidence Act 1995 without expanding, narrowing or altering the underlying evidentiary framework or introducing new substantive rights or obligations."},"complexity_factors":["Multiple cross-references to specific sections of the Evidence Act 1995 (ss 63, 64, 65, 67, 97, 98, 128, 128A, 179, 180)","Layered requirements in clauses 4, 5 and 6 with subclauses distinguishing civil and criminal proceedings","Detailed content specifications for notices including dates, times, places, names, addresses and facts to prove unavailability","Prescribed forms in Schedule 1 that must be followed with exact wording and attachments","Savings, repeal and interpretation provisions that link to the Interpretation Act 1987 and Subordinate Legislation Act 1989"],"plain_english_summary":"**The Evidence Regulation 2020 (NSW)** sets out the exact steps and official templates that lawyers and police must follow when using specific types of evidence in New South Wales courts under the Evidence Act 1995.\n\nIt explains:\n- What details must be included in advance notices when someone wants to use an old statement or conversation (**previous representation** evidence),\n- What must be disclosed for evidence showing a person has a habit of acting a certain way (**tendency** evidence),\n- What must be disclosed for evidence showing similar events happened in similar circumstances (**coincidence** evidence).\n\nThe Regulation also supplies ready-to-use official forms for:\n- Certificates that protect witnesses from having their evidence used against them in criminal cases (protecting the privilege against self-incrimination),\n- Sworn statements (affidavits) that police use to prove someone’s identity by comparing fingerprints.\n\n**Who it affects**: Lawyers preparing cases, people giving evidence, police officers, and judges in both civil and criminal matters in NSW. It does not change the main evidence rules but makes sure everyone follows the same clear process.\n\n**Why it matters**: These rules promote fairness by preventing surprise evidence, help courts decide what is allowed, and protect important rights like not being forced to incriminate yourself. Following them avoids evidence being excluded and keeps court proceedings efficient."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This regulation is a routine remake of the previous Evidence Regulation 2015, which was due for repeal. It does not expand or alter the scope of the regulation; it simply continues the existing procedural requirements and forms with no substantive changes to the underlying law or the parties affected."},"complexity_factors":["Short regulation with only 11 clauses","Only 3 defined terms (address, notifying party, the Act)","Simple prescriptive requirements for notices","Forms are standard and straightforward","No nested conditions or exceptions to exceptions","Minimal cross-referencing to other legislation"],"plain_english_summary":"This regulation sets out the procedural rules and forms for giving certain types of evidence in New South Wales courts under the Evidence Act 1995. It specifies what must be included in notices when a party wants to use:\n\n- **Previous representation** (what someone previously said): The notice must include the substance of the evidence, details of when and where it was made, and who was involved. In civil cases, addresses must be provided. If the representation is in writing, a copy must be attached.\n- **Tendency evidence** (showing a person's tendency to act in a particular way): The notice must state the substance and details of the conduct, including witnesses. Addresses are required in civil proceedings.\n- **Coincidence evidence** (showing that two or more events occurred in a way that suggests a coincidence): Similar requirements as for tendency evidence.\n\nIt also prescribes forms for:\n- A certificate under sections 128 or 128A of the Act, which protects a witness from self-incrimination (the certificate means the evidence cannot be used against them, except in a prosecution for giving false evidence).\n- Affidavits by state/territory police officers and Australian Federal Police officers to prove fingerprint evidence of identity.\n\nThe regulation lists equivalent provisions in other states and territories that are recognised under the Act for self-incrimination certificates.\n\nThis regulation replaces the 2015 version, but any acts done under the old regulation remain valid under the new one."},"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.*"}},"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"}}