{"id":"sexual-offences-evidence-and-procedure-act-1983","name":"Sexual Offences (Evidence and Procedure) Act 1983","slug":"sexual-offences-evidence-and-procedure-act-1983","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30599,"registerId":"nt-sexual-offences-evidence-and-procedure-act-1983-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sexual Offences (Evidence and Procedure) Act 1983","content":"NORTHERN TERRITORY OF AUSTRALIA\nSEXUAL OFFENCES (EVIDENCE AND PROCEDURE) ACT 1983\nAs in force at 29 July 2020\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n3AB Relationship with Evidence (National Uniform Legislation)\nAct 2011 .......................................................................................... 2\n3AC Application of Criminal Code ........................................................... 2\nPart 2 Evidence and Procedure for Sexual\nOffences\n3A Time limit on prosecutions ............................................................... 2\n4 Rules of evidence in relation to sexual offences .............................. 3\n5 Leave required for unrepresented defendant to cross-examine\ncomplainant ..................................................................................... 4\n5A Warning ........................................................................................... 6\n6 Disclosing identity of complainant.................................................... 6\n7 Disclosing identity of defendant ....................................................... 7\n8 Exempted statements and representations ..................................... 8\n9 Court may authorise disclosure ....................................................... 9\n10 Contravention of order ................................................................... 10\n11 Contempt ....................................................................................... 10\n12 Protection additional ...................................................................... 10\n13 Criminal liability of executive officer of body corporate –\nevidential burden of proof on defence ........................................... 11\nPart 3 Transitional matters\nDivision 1 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n14 Offences – before and after commencement................................. 12\nDivision 2 Transitional matters for Justice Legislation\nAmendment (Vulnerable Witnesses) Act 2016\n15 Definitions ...................................................................................... 13\n16 Proceedings already started .......................................................... 13\n17 Application of sections 11, 11A and 11B before and after\ncommencement ............................................................................. 13\n\nSexual Offences (Evidence and Procedure) Act 1983 ii\n18 Application of section 13 before and after commencement ........... 14\nDivision 3 Evidence and Other Legislation Amendment\nAct 2020\n19 Proceeding already commenced ................................................... 14\nDivision 4 Transitional matters for Sexual Offences\n(Evidence and Procedure) Amendment\nAct 2020\n20 Definitions ...................................................................................... 15\n21 Offence provisions – before and after commencement ................. 15\n22 Court orders and directions ........................................................... 15\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 29 July 2020\n____________________\nSEXUAL OFFENCES (EVIDENCE AND PROCEDURE) ACT 1983\nAn Act relating to evidence and procedure in the examination of\nwitnesses and the trial of persons in respect of sexual offences\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Sexual Offences (Evidence and\nProcedure) Act 1983.\n2 Commencement\nThis Act shall come into operation on the commencement of the\nCriminal Code Act 1983.\n3 Definitions\nIn this Act:\ncomplainant means a person on or against whom a sexual offence\nis alleged to have been committed.\ndefendant means a person charged with having committed a\nsexual offence.\nexamination of witnesses means an examination of witnesses in\nrelation to a sexual offence, commenced after the commencement\nof this Act and taken under Part V of the Local Court (Criminal\nProcedure) Act 1928.\nreport means an account in writing or an account broadcast by\nwireless telegraphy in sound or in visual images.\nsexual offence means an indictable offence involving:\n(a) sexual intercourse or sexual penetration; or\n(b) a sexual relationship; or\n(c) sexual abuse; or\n\nPart 2 Evidence and Procedure for Sexual Offences\nSexual Offences (Evidence and Procedure) Act 1983 2\n(d) indecent touching or an indecent assault; or\n(e) any other indecent act directed against a person or committed\nin the presence of a child; or\n(f) the making, collection, exhibition or display of an indecent\nobject or indecent material; or\n(g) sexual servitude or any other form of sexual exploitation; or\n(h) an attempt to commit, an act of procuring, or any other act\npreparatory to the commission of, any of the above.\ntrial means a trial of a defendant or a proceeding taken with a view\nto sentencing a defendant found guilty of a sexual offence which, in\neither case, is commenced after the commencement of this Act.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n3AB Relationship with Evidence (National Uniform Legislation)\nAct 2011\nThis Act applies in addition to, and does not affect the operation of,\nthe Evidence (National Uniform Legislation) Act 2011.\n3AC Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 3AB\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\nPart 2 Evidence and Procedure for Sexual Offences\n3A Time limit on prosecutions\n(1) If the charge of a sexual offence is to be dealt with summarily, the\ntrial must be commenced within 3 months of the matter being first\nmentioned in court.\n(2) If a person is charged with an indictable offence that is a sexual\noffence, a preliminary investigation under Part V, Division 1 of the\nLocal Court (Criminal Procedure) Act 1928 must be commenced\nwithin 3 months of the matter being first mentioned in court.\n\nPart 2 Evidence and Procedure for Sexual Offences\nSexual Offences (Evidence and Procedure) Act 1983 3\n(3) If the charge of a sexual offence is to be dealt with on indictment,\nthe trial must be commenced within 3 months of the person being\ncommitted for trial.\n(4) The court in which the person is to be tried, or which is to conduct a\npreliminary examination (as the case may be) may, if it thinks fit, at\nany time and despite that the period fixed by subsection (1), (2)\nor (3) (as the case may be) has expired, grant an extension, not\nexceeding 3 months, of the period.\n(5) More than one extension may be granted under subsection (4).\n4 Rules of evidence in relation to sexual offences\n(1) In an examination of witnesses or a trial, whether or not it relates\nalso to a charge of an offence other than a sexual offence against\nthe same or another defendant, except with the leave of the court,\nevidence shall not be elicited or led, whether by examination in\nchief, cross-examination or re-examination, relating to:\n(a) the complainant's general reputation as to chastity; or\n(b) the complainant's sexual activities with any other person,\nand the leave of the court shall not be granted unless the court is\nsatisfied that the evidence sought to be elicited or led has\nsubstantial relevance to the facts in issue.\n(2) For the purposes of subsection (1)(b), evidence that relates to or\ntends to establish the fact that the complainant was accustomed to\nengage in sexual activities with any other person, shall not be\nregarded:\n(a) as having substantial relevance to the facts in issue by reason\nonly of an inference it may raise as to general disposition; or\n(b) as being proper matter for cross-examination as to credit, in\nthe absence of special circumstances by reason of which it\nwould be likely materially to impair the confidence in the\nreliability of the evidence of the complainant.\n(3) For the purposes of subsection (1)(b), and without derogating from\nthe relevance of other evidence in an examination of witnesses or a\ntrial, evidence of an act or event that is substantially\ncontemporaneous with an offence with which a defendant is\ncharged, or that is part of a sequence of acts or events that explain\nthe circumstances in which the alleged offence was committed,\nshall be regarded as having substantial relevance to the facts in\nissue.\n\nPart 2 Evidence and Procedure for Sexual Offences\nSexual Offences (Evidence and Procedure) Act 1983 4\n(4) An application for leave of the court for the purposes of\nsubsection (1)(b) shall be made in the absence of the jury, if any,\nand, if the defendant so requests, in the absence of the\ncomplainant, and shall be determined after the court has allowed\nsuch submissions or evidence, given on oath or otherwise, as it\nconsiders necessary for the determination of the application.\n(5) On the trial of a person for a sexual offence or an assault with intent\nto commit such an offence:\n(a) the Supreme Court Judge shall not warn, or suggest in any\nway to, the jury that it is unsafe to convict on the\nuncorroborated evidence of a complainant because the law\nregards complainants as an unreliable class of witness; and\n(b) where:\n(i) evidence is given; or\n(ii) a question is asked of a witness; or\n(iii) a statement is made in the course of an address on\nevidence,\nwhich tends to suggest that there was delay in making a\ncomplaint about the alleged sexual offence, or alleged assault\nwith intent to commit such an offence, by the person against\nwhom the offence is alleged to have been committed, the\nSupreme Court Judge shall:\n(iv) warn the jury that delay in complaining does not\nnecessarily indicate that the allegation is false; and\n(v) inform the jury that there may be good reasons why a\nvictim of a sexual offence may hesitate in complaining\nabout it.\n(6) Nothing in subsection (5) prevents a judge from making any\ncomment on evidence given in a trial that it is appropriate to make\nin the interests of justice.\n5 Leave required for unrepresented defendant to cross-examine\ncomplainant\n(1) In an examination of witnesses or a trial, a defendant who is not\nrepresented by a legal practitioner is not entitled to cross-examine\nthe complainant directly.\n\nPart 2 Evidence and Procedure for Sexual Offences\nSexual Offences (Evidence and Procedure) Act 1983 5\n(2) The court must, as soon as practicable, explain to the defendant:\n(a) the prohibition against directly cross-examining the\ncomplainant and the effect of the prohibition; and\n(b) that if the defendant does not cross-examine the complainant,\nthe defendant will not be permitted to adduce evidence in\nrelation to a fact in issue in order to contradict the evidence of\nthe complainant; and\n(c) that the defendant can arrange for a legal practitioner to\ncross-examine the complainant on the defendant's behalf; and\n(d) that the defendant must notify the court of the name of the\narranged legal practitioner by a date specified by the court;\nand\n(e) that if the defendant does not wish to make such an\narrangement, or if the defendant fails to notify the court of the\nname of a legal practitioner by the date specified:\n(i) the court will decide whether it is necessary in the\ninterests of justice to appoint a legal practitioner to\ncross-examine the complainant for the defendant; and\n(ii) if the court decides that it is necessary – the court may\nappoint a legal practitioner to cross-examine the\ncomplainant for the defendant, or make any other order\nthe court considers necessary.\n(3) If the defendant does not wish to make such an arrangement, or if\nthe defendant fails to notify the court of the name of a legal\npractitioner by the date specified:\n(a) the court must decide whether it is necessary in the interests\nof justice to appoint a legal practitioner to cross-examine the\ncomplainant for the defendant; and\n(b) if the court decides that it is necessary – the court may appoint\na legal practitioner (the appointed person) to cross-examine\nthe complainant for the defendant, or make any other order\nthe court considers necessary.\n\nPart 2 Evidence and Procedure for Sexual Offences\nSexual Offences (Evidence and Procedure) Act 1983 6\n(4) If the defendant wishes to cross-examine the complainant, the\ndefendant must put any question to the appointed person and the\nappointed person must put the question to the complainant, unless\nthe appointed person considers the question to be improper.\nNotes for subsection (4)\n1 The appointed person need not use the exact same words as the defendant\nwhen putting a question.\n2 The court can also rule that a question is improper and need not be\nanswered – see section 41(2) of the Evidence (National Uniform Legislation)\nAct 2011.\n3 See section 41(3) of the Evidence (National Uniform Legislation) Act 2011 for\nthe meaning of \"improper question\".\n(5) If the defendant does not give any instructions to an appointed\nperson, the appointed person must act in the best interests of the\ndefendant.\n(6) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith as an appointed person for\nthis section.\n5A Warning\nIf a defendant cross-examines a complainant through an appointed\nperson, the court must issue a warning to the jury (if any) to the\neffect that:\n(a) the procedure is a routine practice of the court; and\n(b) no adverse inference is to be drawn against the defendant as\na result of the use of the arrangement; and\n(c) the evidence of the complainant is not to be given any greater\nor lesser weight because of the use of the arrangement.\n6 Disclosing identity of complainant\n(1) A person commits an offence if:\n(a) the person intentionally publishes or makes a statement or\nrepresentation; and\n(b) the publication or making of the statement or representation\nresults in the disclosure of any of the following particulars at\nany time:\n(i) the name, address, school or place of employment of a\ncomplainant;\n\nPart 2 Evidence and Procedure for Sexual Offences\nSexual Offences (Evidence and Procedure) Act 1983 7\n(ii) any other particular likely to lead to the identification of a\ncomplainant; and\n(c) the person is reckless in relation to the result referred to in\nparagraph (b).\nMaximum penalty: 50 penalty units or imprisonment for\n6 months.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if:\n(a) no proceeding in relation to the sexual offence that was\nalleged to have been committed is pending in a court when\nthe statement or representation is published or made; and\n(b) the affected complainant or, if there is more than one affected\ncomplainant, each affected complainant:\n(i) consented in writing to the publication or making of the\nstatement or representation before it was published or\nmade; and\n(ii) was an adult with capacity to consent when consenting.\n(3) Subsection (1) does not apply to a statement or representation\nexempted under section 8.\n(4) In this section:\naffected complainant means a complainant whose particular\nreferred to in subsection (1)(b) is disclosed as a result of the\npublication or making of the statement or representation.\ncapacity, for a person to consent, means the person:\n(a) is capable of freely and voluntarily consenting; and\n(b) is not incapable of consenting because of mental impairment\nas defined in section 43A of the Criminal Code.\n7 Disclosing identity of defendant\n(1) A person commits an offence if:\n(a) the person intentionally publishes or makes a statement or\nrepresentation; and\n\nPart 2 Evidence and Procedure for Sexual Offences\nSexual Offences (Evidence and Procedure) Act 1983 8\n(b) the statement or representation is published or made before a\ndefendant is committed for trial or sentence on a charge of\nhaving committed the sexual offence to which the statement or\nrepresentation relates; and\n(c) the publication or making of the statement or representation\nresults in the disclosure of any of the following particulars:\n(i) the name, address, school or place of employment of a\ndefendant;\n(ii) any other particular likely to lead to the identification of\nthe defendant; and\n(d) the person is reckless in relation to the circumstance referred\nto in paragraph (b) and the result referred to in paragraph (c).\nMaximum penalty: 40 penalty units or imprisonment for\n6 months.\n(2) Subsection (1) does not apply to a statement or representation\nexempted under section 8.\n8 Exempted statements and representations\n(1) For sections 6(3) and 7(2), a statement or representation is\nexempted if it is published or made:\n(a) in a report made verbatim of a judgment or decision delivered\nin a trial or an appeal proceeding arising from a trial and\npublished in a recognised series of law reports; or\n(b) in a report for or to any of the following entities for the\npurposes of the entity:\n(i) the Agency primarily responsible for law and the\nadministration of justice;\n(ii) the Director of Public Prosecutions;\n(iii) the Police Force of the Northern Territory;\n(iv) an Agency primarily responsible for health, welfare and\ncommunity services; or\n(c) for an investigation into a complaint made by or on behalf of a\ncomplainant; or\n\nPart 2 Evidence and Procedure for Sexual Offences\nSexual Offences (Evidence and Procedure) Act 1983 9\n(d) for the purposes of preparing for or conducting an examination\nof witnesses, a trial or an appeal proceeding arising from a\ntrial; or\n(e) in accordance with a court order or direction made under\nsection 9.\n(2) For section 7(2), a statement or representation is also exempted if:\n(a) it is published or made in a report about an examination of\nwitnesses that discloses any particular of a defendant referred\nto in section 7(1)(c) who, as a result of the examination, is\ncommitted for trial or sentence on a charge of having\ncommitted a sexual offence; and\n(b) it is published or made after the committal order is made; and\n(c) it does not disclose any particular of any other defendant who\nis not committed.\n9 Court may authorise disclosure\n(1) A court may order that a person is authorised to publish or make a\nstatement or representation that would otherwise be an offence\nagainst section 6 or 7.\n(2) The court must consider the wishes of a complainant when making\nan order in relation to a statement or representation that discloses\nany particular that is likely to lead to the identification of the\ncomplainant.\n(3) The order may specify the particulars that may be disclosed and the\nextent to which publication or making of the statement or\nrepresentation is permitted.\n(4) Before the commencement of an examination of witnesses or a\ntrial, a court may direct that section 6(1) or 7(1) does not apply in\nrelation to a specified complainant or defendant if:\n(a) a defendant applies to the court for a direction under this\nsubsection; and\n(b) the court is satisfied that:\n(i) the direction is required for the purpose of inducing\npersons to come forward who are likely to be needed as\nwitnesses at the examination or trial; and\n\nPart 2 Evidence and Procedure for Sexual Offences\nSexual Offences (Evidence and Procedure) Act 1983 10\n(ii) the conduct of the applicant's defence at the\nexamination of witnesses or trial is likely to be\nsubstantially prejudiced if the direction is not given.\n(5) A court may direct that section 6(1) does not apply in relation to a\nspecified complainant if:\n(a) a defendant who is found guilty of committing a sexual\noffence:\n(i) gives notice of appeal or an application for leave to\nappeal against the finding of guilt to the court; and\n(ii) applies to the court for a direction under this\nsubsection; and\n(b) the court is satisfied that:\n(i) the direction is required for the purpose of obtaining\nevidence in support of the appeal; and\n(ii) the applicant is likely to suffer substantial injustice if the\ndirection is not given.\n10 Contravention of order\nA person who is required to comply with an order made under\nsection 9(1) commits an offence if:\n(a) the person intentionally engages in conduct; and\n(b) the conduct results in contravention of the order and the\nperson is reckless in relation to the result.\nMaximum penalty: 40 penalty units or imprisonment for\n6 months.\n11 Contempt\nIf a person is charged with or found guilty of an offence against\nsection 6, 7 or 10, the court may also deal with the person for\ncontempt of court.\n12 Protection additional\nSections 6 and 7 do not derogate from any other law directed\ntowards the protection from identification of a witness or other\nperson in an examination of witnesses or a trial.\n\nPart 2 Evidence and Procedure for Sexual Offences\nSexual Offences (Evidence and Procedure) Act 1983 11\n13 Criminal liability of executive officer of body corporate –\nevidential burden of proof on defence\n(1) An executive officer of a body corporate commits an offence if the\nbody corporate commits an offence by contravening a declared\nprovision (a relevant offence).\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) An offence against subsection (1) is an offence of absolute liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if:\n(a) the defendant was not in a position to influence the conduct of\nthe body corporate in relation to the contravention; or\n(b) the defendant took reasonable steps to prevent the\ncontravention; or\n(c) the defendant did not know, and could not reasonably have\nbeen expected to know, that the contravention would happen.\n(4) In deciding whether the defendant took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the defendant took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe declared provision;\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's employees, agents and contractors\nhad a reasonable knowledge and understanding of the\nrequirement to comply with the declared provision;\n(b) any action the defendant took when the defendant became\naware that the contravention was, or could be, about to\nhappen.\n(5) Subsection (4) does not limit the matters the court may consider.\n\nPart 3 Transitional matters\nDivision 1 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nSexual Offences (Evidence and Procedure) Act 1983 12\n(6) This section does not affect the liability of the body corporate.\n(7) This section applies whether or not the body corporate is\nprosecuted for, or found guilty of, the relevant offence.\n(8) This section does not apply if the body corporate would have a\ndefence to a prosecution for the relevant offence.\n(9) In this section:\ndeclared provision means:\n(a) section 6, 7 or 10; or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\nPart 3 Transitional matters\nDivision 1 Transitional matters for Statute Law Amendment\n(Directors' Liability) Act 2015\n14 Offences – before and after commencement\n(1) Section 13, as inserted by the Statute Law Amendment (Directors'\nLiability) Act 2015, (the new section) applies in relation to a\nrelevant offence committed by a body corporate after the\ncommencement of Part 2, Division 35 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 13, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\n\nPart 3 Transitional matters\nDivision 2 Transitional matters for Justice Legislation Amendment (Vulnerable\nWitnesses) Act 2016\nSexual Offences (Evidence and Procedure) Act 1983 13\nDivision 2 Transitional matters for Justice Legislation\nAmendment (Vulnerable Witnesses) Act 2016\n15 Definitions\nIn this Division:\namending Act means the Justice Legislation Amendment\n(Vulnerable Witnesses) Act 2016.\ncommencement means the commencement of Part 4 of the\namending Act.\n16 Proceedings already started\n(1) If a proceeding in relation to a prosecution of a sexual offence\nstarted before the commencement, the amending Act applies only\nto the part of the proceeding that takes place after the\ncommencement.\n(2) However, subsection (1) does not apply in relation to an\nexamination of witnesses or a trial started in the proceeding before\nthe commencement if:\n(a) the examination or trial continues after the commencement; or\n(b) the proceeding was adjourned before the commencement\nduring the examination or trial and continues after the\ncommencement.\n(3) The provisions of this Act, as in force immediately before the\ncommencement, continue to apply to an examination of witnesses\nor a trial mentioned in subsection (2) as if the amending Act had not\ncommenced.\n17 Application of sections 11, 11A and 11B before and after\ncommencement\n(1) Sections 11, 11A and 11B, as inserted by the amending Act, apply\nonly in relation to offences committed after the commencement.\n(2) Section 11, as in force before the commencement, continues to\napply in relation to offences committed before the commencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n\nPart 3 Transitional matters\nDivision 3 Evidence and Other Legislation Amendment Act 2020\nSexual Offences (Evidence and Procedure) Act 1983 14\n18 Application of section 13 before and after commencement\n(1) Section 13, as inserted by the amending Act, (the new section)\napplies in relation to a relevant offence committed by a body\ncorporate after the commencement only if:\n(a) all the conduct constituting the relevant offence occurred after\nthe commencement; and\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 13, as in force before the commencement:\n(a) continues to apply in relation to offences committed by a body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate after the commencement to which, as a result of\nsubsection (1), the new section does not apply.\nDivision 3 Evidence and Other Legislation Amendment\nAct 2020\n19 Proceeding already commenced\n(1) If a proceeding commenced before the commencement, this Act as\namended by the amending Act applies to that part of the\nproceeding that takes place on or after the commencement.\n(2) However, subsection (1) does not apply in relation to a trial or\nhearing, including a preliminary examination under Part V of the\nLocal Court (Criminal Procedure) Act 1928, in the proceeding that\ncommenced before the commencement and:\n(a) continued on or after the commencement; or\n(b) was adjourned until the commencement or after the\ncommencement.\n(3) The provisions of this Act, as in force immediately before the\ncommencement, apply to a trial or hearing mentioned in\nsubsection (2).\n(4) In this section:\namending Act means the Evidence and Other Legislation\nAmendment Act 2020.\n\nPart 3 Transitional matters\nDivision 4 Transitional matters for Sexual Offences (Evidence and Procedure)\nAmendment Act 2020\nSexual Offences (Evidence and Procedure) Act 1983 15\ncommencement means the commencement of Part 7 of the\namending Act.\nDivision 4 Transitional matters for Sexual Offences (Evidence\nand Procedure) Amendment Act 2020\n20 Definitions\nIn this Division:\namending Act means the Sexual Offences (Evidence and\nProcedure) Amendment Act 2020.\ncommencement means the commencement of section 4 of the\namending Act.\n21 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the amending Act, apply\nonly in relation to offences committed after the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\ncommencement.\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\n(4) For section 6(2), consent must be given after the commencement.\n(5) In this section:\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties).\n22 Court orders and directions\n(1) The following orders and directions continue in force after the\ncommencement as if they had been made in accordance with\nsection 9 of this Act:\n(a) an order made under section 6 or 7 of the former Act;\n(b) a direction made under section 12(2) or (3) of the former Act.\n\nPart 3 Transitional matters\nDivision 4 Transitional matters for Sexual Offences (Evidence and Procedure)\nAmendment Act 2020\nSexual Offences (Evidence and Procedure) Act 1983 16\n(2) If an application for an order or direction was made under the\nformer Act but was not determined before the commencement, the\ncourt may determine the application under this Act as amended by\nthe amending Act.\n(3) In this section:\nformer Act means this Act as in force immediately before the\ncommencement.\n\nENDNOTES\nSexual Offences (Evidence and Procedure) Act 1983 17\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSexual Offences (Evidence and Procedure) Act 1983 (Act No. 69, 1983)\nAssent date 28 November 1983\nCommenced 1 January 1984 (s 2, s 2 Criminal Code Act 1983 (Act\nNo. 47,1983) Gaz G46, 18 November 1983, p 11 and Gaz\nG8, 26 February 1986, p 5)\nSexual Offences (Evidence and Procedure) Amendment Act 1984 (Act No. 11, 1984)\nAssent date 29 June 1984\nCommenced 29 June 1984\nLaw Officers Amendment Act (No. 2) 1986 (Act No. 48, 1986)\nAssent date 10 December 1986\nCommenced 19 December 1986 (Gaz S87, 17 December 1986)\nStatute Law Revision Act 1987 (Act No. 9, 1987)\nAssent date 27 May 1987\nCommenced 27 May 1987\nSexual Offences (Evidence and Procedure) Amendment Act 1989 (Act No. 69, 1989)\nAssent date 12 December 1989\nCommenced 12 December 1989\nDirector of Public Prosecutions (Consequential Amendments) Act 1990 (Act No. 29,\n1990)\nAssent date 11 June 1990\nCommenced 21 January 1991 (s 2, s 2 Director of Public Prosecutions\nAct 1990 (Act No. 35, 1990) and Gaz G2, 16 January 1991,\np 9)\n\nENDNOTES\nSexual Offences (Evidence and Procedure) Act 1983 18\nSexual Offences (Evidence and Procedures) Amendment Act 1994 (Act No. 23, 1994)\nAssent date 18 April 1994\nCommenced 1 August 1994 (s 2)\nAmending Legislation\nStatute Law Revision Act 1994 (Act No. 50, 1994)\nAssent date 20 September 1994\nCommenced 20 September 1994 (s 14(2))\nStatute Law Revision Act 1995 (Act No. 14, 1995)\nAssent date 23 June 1995\nCommenced 23 June 1995\nSentencing (Consequential Amendments) Act 1996 (Act No. 17, 1996)\nAssent date 19 April 1996\nCommenced s 7: 19 April 1996; rem: 1 July 1996 (s 2, s 2 Sentencing\nAct 1995 (Act No. 39, 1995) and Gaz S15, 13 June 1996)\nStatute Law Revision Act 1996 (Act No. 42, 1996)\nAssent date 17 September 1996\nCommenced 17 September 1996\nSexual Offences (Evidence and Procedure) Amendment Act 2001 (Act No. 36, 2001)\nAssent date 19 July 2001\nCommenced 26 September 2001 (s 2)\nStatute Law Revision Act (No. 2) 2002 (Act No. 59, 2002)\nAssent date 7 November 2002\nCommenced 7 November 2002\nEvidence Reform (Children and Sexual Offences) Act 2004 (Act No. 56, 2004)\nAssent date 4 November 2004\nCommenced 8 December 2004 (Gaz G49, 8 December 2004, p 3)\nEvidence of Children Amendment Act 2007 (Act No. 16, 2007)\nAssent date 18 September 2007\nCommenced 10 October 2007 (Gaz G41, 10 October 2007, p 4)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations\nAct 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011,\np 4)\nPenalties Amendment (Miscellaneous) Act 2013 (Act No. 23, 2013)\nAssent date 12 July 2013\nCommenced 28 August 2013 (Gaz G35, 28 August 2013, p 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nJustice Legislation Amendment (Vulnerable Witnesses) Act 2016 (Act No. 2, 2016)\nAssent date 2 March 2016\nCommenced 23 March 2016 (Gaz G12, 23 March 2016, p 6)\n\nENDNOTES\nSexual Offences (Evidence and Procedure) Act 1983 19\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nStatute Law Revision Act 2018 (Act No. 10, 2018)\nAssent date 23 May 2018\nCommenced 20 June 2018 (Gaz S41, 20 June 2018)\nEvidence and Other Legislation Amendment Act 2020 (Act No. 3, 2020)\nAssent date 9 March 2020\nCommenced 29 July 2020 (Gaz G28, 15 July 2020, p 1)\nSexual Offences (Evidence and Procedure) Amendment Act 2020 (Act No. 22, 2020)\nAssent date 1 July 2020\nCommenced 29 July 2020 (Gaz G28, 15 July 2020, p 2)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 3AB, 3A and 5.\n4 LIST OF AMENDMENTS\npt 1 hdg ins No. 2, 2016, s 20\ns 3 amd No. 11, 1984, s 3; No. 23, 1994, s 4; No. 17, 1996, s 6; No. 36, 2001,\ns 3; No. 56, 2004, s 16; No. 16, 2007, s 15; No. 8, 2016, s 45; No. 10, 2018,\ns 6\nss 3AB – 3AC ins No. 2, 2016, s 21\npt 2 hdg ins No. 2, 2016, s 21\ns 3A ins No. 56, 2004, s 17\namd No. 8, 2016, s 45\ns 4 amd No. 23, 1994, s 5; No. 14, 1995, s 12; No. 40, 2010, s 118; No. 8, 2016,\ns 45\ns 5 amd No. 48, 1986, s 9; No. 29, 1990, s 7\nsub No. 23, 1994, s 6\namd No. 2, 2016, s 22; No. 8, 2016, s 45; No. 10, 2018, s 6\nsub No. 3, 2020, s 28\ns 5A sub No. 3, 2020, s 28\nss 6 – 7 amd No. 8, 2016, s 45\nsub No. 22, 2020, s 4\ns 8 sub No. 22, 2020, s 4\ns 9 amd No. 9, 1987, s 2; No. 29, 1990, s 7; No. 42, 1996, s 6; No. 59, 2002, s 5\nsub No. 22, 2020, s 4\ns 10 sub No. 22, 2020, s 4\ns 11 amd No. 69, 1989, s 2; No. 23, 1994, s 7; No. 23, 2013, s 8\nsub No. 2, 2016, s 23\nsub No. 22, 2020, s 4\nss 11A – 11C ins No. 2, 2016, s 23\nrep No. 22, 2020, s 4\ns 12 amd No. 17, 1996, s 6; No. 2, 2016, s 24\nsub No. 22, 2020, s 4\n\nENDNOTES\nSexual Offences (Evidence and Procedure) Act 1983 20\ns 13 amd No. 23, 1994, s 8\nsub No. 26, 2015, s 108; No. 2, 2016, s 25\namd No. 22, 2020, s 5\npt 3 hdg ins No. 2, 2016, s 26\npt 3\ndiv 1 hdg ins No. 2, 2016, s 26\ns 14 ins No. 26, 2015, s 108\namd No. 2, 2016, s 27\npt 3\ndiv 2 hdg ins No. 2, 2016, s 28\nss 15 – 18 amd No. 2, 2016, s 28\npt 3\ndiv 3 hdg ins No. 3, 2020, s 29\ns 19 ins No. 3, 2020, s 29\npt 3\ndiv 4 hdg ins No. 22, 2020, s 26\nss 20 – 22 ins No. 22, 2020, s 26","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has been extended and refined by amendments over time: time limits were added (s3A, ins. 2004), statutory interaction with the national Evidence Act was formalised (s3AB, ins. 2016), executive‑officer criminal liability was introduced/modified (s13, ins. 2015; amended 2020), and identity‑publication offences and exemptions were updated (ss6–9; amended 2016, 2020). Transitional provisions in Part 3 specify which version applies to past conduct or ongoing proceedings (ss14–22)."},"complexity_factors":["Multiple procedural strands: evidence restrictions, identity‑publication offences, time limits and corporate liability (ss3A, 4, 6–7, 13) increase procedural interactions.","Significant judicial discretion: court may grant leave, appoint counsel, authorise disclosure or direct exceptions (s4(1), s5(3), s9(1),(4)-(5)).","Overlap with other statutes and cross‑references: applies alongside Evidence (National Uniform Legislation) Act 2011 and the Criminal Code (ss3AB, 3AC), requiring cross‑statutory interpretation.","Defences and exemptions create conditional complexity: written consent defence for complainant identity (s6(2)), multiple exempted report categories (s8).","Strict and mixed liability rules: absolute liability for executive officers with evidential defence burden and prescribed considerations (s13(1)-(4)).","Transition and temporal rules: numerous amendment and transitional provisions govern which version applies depending on when conduct or proceedings occurred (Part 3, ss14–22).","Practical compliance burden on media and organisations: publication offences carry penalties and potential contempt proceedings (ss6–7, 10–11)."],"plain_english_summary":"Mechanically, the Act sets special evidence and procedural rules for sexual‑offence proceedings: it limits questioning about a complainant’s sexual history (s4), prevents unrepresented defendants from directly cross‑examining complainants without court leave (s5), criminalises publishing identifying information about complainants or defendants at specified stages (ss6–7), and imposes time limits for starting prosecutions (s3A). It also creates executive‑officer liability for corporate contraventions (s13). These rules affect complainants, defendants, courts, media and corporate officers by shifting who may speak, what may be published, and who bears compliance risk."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1983 focus on evidence rules and complainant protection. It now includes: corporate executive liability provisions (added 2015), complex transitional machinery for multiple amending acts, detailed procedural frameworks for unrepresented defendants (substantially expanded in 2020), and specific temporal limitation rules for prosecutions. The 2020 amendments also restructured the identification offence provisions and removed earlier vulnerable witness provisions (sections 11A-11C) that had been inserted in 2016, suggesting ongoing scope churn."},"complexity_factors":["Multiple cross-references to other NT legislation including the Criminal Code, Evidence (National Uniform Legislation) Act 2011, and Local Court (Criminal Procedure) Act 1928","Nested conditional logic in sections 6 and 7 (identification offences) with multiple exemption pathways through section 8 and court authorisation in section 9","Complex transitional provisions in Part 3 with four separate divisions dealing with different amending acts and temporal application rules","Specific evidential burdens and defences in section 13 regarding corporate executive liability with detailed 'reasonable steps' criteria","Procedural requirements for unrepresented defendants in section 5 involving multi-step court processes and appointed intermediary mechanisms","Defined terms include 'sexual offence' with an exhaustive 8-point definition covering attempts and preparatory acts"],"plain_english_summary":"This Northern Territory law sets special rules for how sexual offence cases are handled in court, designed to protect complainants (victims) and ensure fair trials.\n\n**Key things it does:**\n\n**Protects complainants from invasive questioning**\n- Stops defence lawyers (or unrepresented defendants) from asking about a complainant's sexual history or \"reputation for chastity\" unless the judge agrees it's directly relevant to the case. This prevents victims from being harassed about their past relationships.\n- Bans the old-fashioned idea that you can't convict someone based only on a victim's testimony—judges can no longer warn juries that complainants are inherently unreliable witnesses.\n- Requires judges to tell juries that delaying reporting a sexual assault doesn't mean the allegation is false.\n\n**Stops unrepresented defendants from directly cross-examining complainants**\n- If someone is defending themselves without a lawyer, they cannot personally question the alleged victim. The court must either get them to hire a lawyer for this purpose, or appoint one for them. The defendant can suggest questions, but the lawyer asks them.\n- The jury must be warned not to hold this arrangement against the defendant.\n\n**Sets strict time limits for prosecutions**\n- Sexual offence trials must start within 3 months of the matter first being mentioned in court (or 3 months after committal for serious cases), though judges can grant extensions.\n\n**Protects identities**\n- Makes it a crime (up to 6 months jail) to publish anything that identifies a complainant in a sexual offence case, unless the complainant consents in writing or a court orders it.\n- Also protects the defendant's identity until they are committed for trial, with similar penalties for breaches.\n- Allows courts to authorise disclosure if needed for the defence or to find witnesses.\n\n**Holds company directors accountable**\n- If a company (like a media company) breaks the identification laws, individual executives can be prosecuted personally unless they can prove they tried to prevent it or didn't know about it.\n\n**Who it affects:** Anyone involved in sexual offence prosecutions in the NT—victims, accused persons, lawyers, judges, and media organisations."}},"importantCases":[],"_links":{"self":"/api/acts/sexual-offences-evidence-and-procedure-act-1983","history":"/api/acts/sexual-offences-evidence-and-procedure-act-1983/history","analysis":"/api/acts/sexual-offences-evidence-and-procedure-act-1983/analysis","conflicts":"/api/acts/sexual-offences-evidence-and-procedure-act-1983/conflicts","importantCases":"/api/acts/sexual-offences-evidence-and-procedure-act-1983/important-cases","documents":"/api/acts/sexual-offences-evidence-and-procedure-act-1983/documents"}}