{"id":"nsw:act-1900-034","name":"Witnesses Examination Act 1900","slug":"witnesses-examination-act-1900","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"34 of 1900","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175847,"registerId":"nsw-nsw:act-1900-034-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Witnesses Examination Act 1900](/view/html/inforce/current/act-1900-034).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Repeal","content":"#### 2 Repeal\n\n2 Repeal\n\n> The Acts mentioned in the Schedule to this Act are, to the extent therein expressed, hereby repealed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act, unless the context or subject-matter otherwise indicates or requires:\n> \n> the Court means the Supreme Court.\n> \n> Judge means a Judge of the Court.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":null,"content":"#### 4\n\n4, 5 (Repealed)","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Examinations on commission etc in criminal proceedings","content":"#### 6 Examinations on commission etc in criminal proceedings\n\n6 Examinations on commission etc in criminal proceedings\n\n> > (1) In any criminal proceeding, if any witness is out of the jurisdiction of the Court or above 320 kilometres from the intended place of trial or is from age or infirmity unable to attend the trial or if the testimony of any witness is in danger of being lost by reason of age or infirmity or by reason of being about to depart out of the jurisdiction or to some place beyond the said distance of 320 kilometres, the Court or a Judge may, on the application or with the consent of the Attorney-General, the Director of Public Prosecutions or the Crown Prosecutor as well as the prisoner, but not otherwise, direct:\n> > \n> > > (a) that any such witness within the jurisdiction of the Court be examined on oath, either viva voce or upon interrogatories or otherwise, before a specified officer of the Court or other specified person, or\n> > \n> > > (b) that a commission do issue for the examination of such witness on oath, either viva voce or upon interrogatories or otherwise, at any place in or out of the jurisdiction.\n> \n> > (2) The Court or Judge may, at the same time or subsequently, give all such directions touching the time, place, and manner of such examination, as well within the jurisdiction as without, and all other matters and circumstances connected with such examination as appear reasonable and just.\n> \n> **s 6:** Subst 1970 No 52, Second Sch. Am 1974 No 51, Sch; 1986 No 212, Sch 1.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":null,"content":"#### 7\n\n7, 8 (Repealed)","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Examinations to be on oath","content":"#### 9 Examinations to be on oath\n\n9 Examinations to be on oath\n\n> > (1) Any person authorised by any rule, order, or commission under this Act to take the examination of any witness, shall take such examination upon the oath of such witness, to be administered by the person so authorised or by a Judge.\n> \n> > (2) Any witness who upon such oath wilfully and corruptly gives any false evidence shall be deemed to be guilty of perjury.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":null,"content":"#### 10\n\n10 (Repealed)","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Reading examinations and depositions in evidence","content":"#### 11 Reading examinations and depositions in evidence\n\n11 Reading examinations and depositions in evidence\n\n> > (1) The examination or deposition of any witness taken under this Act may be read in evidence at the hearing, saving all just exceptions.\n> \n> > (2) Provided that if it appears to the satisfaction of the Court or Judge at the hearing that such witness is within the jurisdiction and able to attend the hearing, such examination or deposition shall be rejected.\n> \n> > (3) Where such examination or deposition appears to be certified under the hand of the person authorised to take the same, no proof shall be necessary of the signature of such person.","sortOrder":11},{"sectionNumber":"12","sectionType":"section","heading":null,"content":"#### 12\n\n12 (Repealed)","sortOrder":12},{"sectionNumber":"sch","sectionType":"schedule","heading":null,"content":"# sch\n\nSchedule\n\n| Reference to Act | Title or short title | Extent of repeal |\n| 4 Vic No 22 | An Act to provide for the more effectual administration of justice in New South Wales and its Dependencies. | Section 14. |\n| 5 Vic No 9 | An Act for the further amendment of the law and for the better advancement of justice. | Sections 15, 16. |\n| 18 Vic No 13 | An Act further to amend the law of evidence. | The unrepealed sections. |\n| 36 Vic No 9 | Matrimonial Causes Act. | Section 12. |\n| 44 Vic No 18 | Equity Act of 1880. | Section 44. |\n| 54 Vic No 25 | Probate Act of 1890. | Section 98. |","sortOrder":14}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 1900 Act appears to have been broader, covering civil matters (evidenced by repeals of sections from Matrimonial Causes Act, Equity Act, and Probate Act in the Schedule). The current version is narrowly focused on criminal proceedings only, following substantial repeals in 1970. The scope has contracted rather than expanded."},"complexity_factors":["Very short statute (only 4 operative sections remaining after repeals)","Minimal defined terms (only 2: 'the Court' and 'Judge')","Straightforward procedural mechanism with clear conditions","Some archaic language ('viva voce', 'interrogatories', 'saving all just exceptions') but meaning is clear from context","Single nested condition in section 6(1) listing multiple grounds for examination","No cross-references to other legislation except historical repeals in Schedule"],"plain_english_summary":"This law sets out the rules for taking witness testimony **outside of the courtroom** in criminal trials in New South Wales.\n\n**What it does:**\n- Allows witnesses who can't physically attend trial to be questioned beforehand by a court officer or commissioner\n- Covers witnesses who are overseas, more than 320km away, too old, too sick, or about to leave the area\n- Requires both the prosecution (Attorney-General, DPP, or Crown Prosecutor) **and** the accused person to agree before this can happen\n- Mandates that all such examinations be taken under oath (making false testimony perjury)\n- Allows these pre-recorded statements to be read as evidence at trial, unless the witness is actually available to attend in person\n\n**Who it affects:**\n- Criminal defendants and their lawyers\n- Prosecutors\n- Witnesses in criminal cases who cannot attend court\n- Supreme Court judges and court officers\n\n**Why it matters:**\nThis ensures criminal trials can proceed fairly even when key witnesses cannot physically attend court. It balances efficiency (getting testimony recorded before it's lost) with fairness (requiring both sides to consent and preferring live testimony when possible)."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act has not grown beyond its original purpose. It was enacted to provide for examination of witnesses unable to attend trial, and its current provisions remain narrowly focused on that function. Repeals in 1970 removed original sections 4, 5, 7, 8, 10, and 12, which related to civil proceedings and other procedural matters, further narrowing its scope to criminal proceedings only."},"complexity_factors":["Short Act (only 3 operative sections after repeals)","Few defined terms (Court, Judge)","Simple conditional logic (distance, age/infirmity, consent requirement)","No cross-references to other legislation"],"plain_english_summary":"This Act allows courts to take testimony from witnesses who cannot attend a criminal trial in person. If a witness lives more than 320 kilometres from the trial, is too old or sick to travel, or is about to leave the country, the Supreme Court can order that the witness be questioned somewhere else (for example, in their home town) and have their answers read out in court. Both the prosecution and the accused person must agree before this happens. The questioning must be on oath, and lying during such questioning is perjury. The Act also says that if the witness later becomes able to attend, their pre-recorded evidence cannot be used."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Impossible to assess whether the scope changed from the original intent, as no substantive provisions of the Act were included in the provided text. The metadata indicates the Act has been in its current form since 12 December 1994, suggesting minimal legislative change over recent decades."},"complexity_factors":["No substantive legal provisions were included in the provided text — only website navigation and metadata","The actual content of the Act cannot be assessed from the material provided","The Act's age (1900) and lack of amendment since 1994 may indicate narrow or simple subject matter","Score is low by default due to complete absence of analysable legal content, not because the Act itself is necessarily simple"],"plain_english_summary":"## Witnesses Examination Act 1900 (NSW)\n\n**What is this?**\nThis is a very old piece of New South Wales legislation dating back to 1900. Unfortunately, the document provided contains almost no actual legal content — it is essentially just the website navigation and metadata from the NSW legislation website, with no substantive provisions (the actual rules, rights, or obligations) included in the text.\n\n**What can we tell from what's here?**\n- It is a NSW Act (law) that has been in its current form since **12 December 1994**\n- It falls under the responsibility of the **Attorney General**\n- It relates to the **examination of witnesses** — meaning it likely sets out rules about how witnesses can be questioned or compelled to give evidence in legal proceedings\n- It has remained essentially unchanged for over 30 years, suggesting it either works well or covers a narrow, settled area of law\n\n**Who might it affect?**\nGiven the title, this Act likely affects:\n- People called as witnesses in court or legal proceedings\n- Lawyers conducting examinations of witnesses\n- Courts and tribunals in NSW\n\n**Important caveat:** Because the actual text of the Act's provisions was not included in the material provided, **no meaningful analysis of its specific rules or impact can be made**. Anyone needing to understand this Act should access the full text directly on the NSW legislation website."}},"importantCases":[],"_links":{"self":"/api/acts/witnesses-examination-act-1900","history":"/api/acts/witnesses-examination-act-1900/history","analysis":"/api/acts/witnesses-examination-act-1900/analysis","conflicts":"/api/acts/witnesses-examination-act-1900/conflicts","importantCases":"/api/acts/witnesses-examination-act-1900/important-cases","documents":"/api/acts/witnesses-examination-act-1900/documents"}}