sec.351Evidentiary aids

### sec.351 Evidentiary aids This section applies to a proceeding under an Act. It is not necessary to prove the appointment of an appointed person or the power of an appointed person to do something, unless a party to the proceeding, by reasonable notice of at least 7 days, requires proof. A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a person’s appointment as an appointed person was, or was not, in force on a stated day or during a stated period; a person is, or was on a stated day or during a stated period, a prisoner; a dog is, or was on a stated day or during a stated period, a corrective services dog; a stated place is, or was on a stated day or during a stated period, a corrective services facility; a stated approval is, or was on a stated day or during a stated period, in force; a stated document is a copy of a document made under this Act, one of the repealed Acts or the Prisons Act 1958 ; the contents of a stated substance that was tested by a State analyst under the Medicines and Poisons Act 2019 ; a stated thing is, or was on a stated day or during a stated period— property that is part of a corrective services facility; or other property of the State; approval was not given for a stated act or omission that is alleged to have happened; the chief executive, on a stated day or during a stated period, personally served a document on a person under section 348B . A certificate signed by an officer of the secretariat recording a decision of the parole board is evidence of the matter. A signature purporting to be the signature of an appointed person is evidence of the person’s signature. In a complaint starting the proceeding, a statement that the offence in the complaint came to the complainant’s knowledge on a stated day is evidence of the matter. In this section— appointed person means— the chief executive; or a corrective services officer; or a board member; or an official visitor; or the chief inspector; or an inspector; or a police officer; or a community service supervisor. s 351 amd 2017 No. 15 s 24 sch 1 ; 2020 No. 23 s 69 s ch 1 pt 1 ; 2019 No. 26 s 290 sch 2 ; 2023 No. 14 s 33 ; 2024 No. 45 s 82 (sec.351-ssec.1) This section applies to a proceeding under an Act. (sec.351-ssec.2) It is not necessary to prove the appointment of an appointed person or the power of an appointed person to do something, unless a party to the proceeding, by reasonable notice of at least 7 days, requires proof. (sec.351-ssec.3) A certificate purporting to be signed by the chief executive stating any of the following matters is evidence of the matter— a person’s appointment as an appointed person was, or was not, in force on a stated day or during a stated period; a person is, or was on a stated day or during a stated period, a prisoner; a dog is, or was on a stated day or during a stated period, a corrective services dog; a stated place is, or was on a stated day or during a stated period, a corrective services facility; a stated approval is, or was on a stated day or during a stated period, in force; a stated document is a copy of a document made under this Act, one of the repealed Acts or the Prisons Act 1958 ; the contents of a stated substance that was tested by a State analyst under the Medicines and Poisons Act 2019 ; a stated thing is, or was on a stated day or during a stated period— property that is part of a corrective services facility; or other property of the State; approval was not given for a stated act or omission that is alleged to have happened; the chief executive, on a stated day or during a stated period, personally served a document on a person under section 348B . (sec.351-ssec.4) A certificate signed by an officer of the secretariat recording a decision of the parole board is evidence of the matter. (sec.351-ssec.5) A signature purporting to be the signature of an appointed person is evidence of the person’s signature. (sec.351-ssec.6) In a complaint starting the proceeding, a statement that the offence in the complaint came to the complainant’s knowledge on a stated day is evidence of the matter. (sec.351-ssec.7) In this section— appointed person means— the chief executive; or a corrective services officer; or a board member; or an official visitor; or the chief inspector; or an inspector; or a police officer; or a community service supervisor. - (a) a person’s appointment as an appointed person was, or was not, in force on a stated day or during a stated period; - (b) a person is, or was on a stated day or during a stated period, a prisoner; - (c) a dog is, or was on a stated day or during a stated period, a corrective services dog; - (d) a stated place is, or was on a stated day or during a stated period, a corrective services facility; - (e) a stated approval is, or was on a stated day or during a stated period, in force; - (f) a stated document is a copy of a document made under this Act, one of the repealed Acts or the Prisons Act 1958 ; - (g) the contents of a stated substance that was tested by a State analyst under the Medicines and Poisons Act 2019 ; - (h) a stated thing is, or was on a stated day or during a stated period— (i) property that is part of a corrective services facility; or (ii) other property of the State; - (i) property that is part of a corrective services facility; or - (ii) other property of the State; - (i) approval was not given for a stated act or omission that is alleged to have happened; - (j) the chief executive, on a stated day or during a stated period, personally served a document on a person under section 348B . - (i) property that is part of a corrective services facility; or - (ii) other property of the State; - (a) the chief executive; or - (b) a corrective services officer; or - (c) a board member; or - (d) an official visitor; or - (e) the chief inspector; or - (f) an inspector; or - (g) a police officer; or - (h) a community service supervisor.