Div 1Miscellaneous rules of evidence in general cases

Division 1—Miscellaneous rules of evidence in general cases 30—As to comparison of disputed writing Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine shall be permitted to be made by witnesses; and such writings, and the evidence of witnesses respecting the same, may be submitted to the court as evidence of the genuineness or otherwise of the writing in dispute. 31—Attesting witness need not be called in certain cases It shall not be necessary to prove, by the attesting witness, any instrument to the validity of which attestation is not requisite; and such instrument may be proved by admission or otherwise, as if there had been no attesting witness thereto. 33—Disclosure in action for defamation (1) A person who is required to answer a question, or to disclose or produce a document or thing, in civil proceedings for defamation is not excused from answering the question or disclosing or producing the document or thing on the ground that the answer to the question or the disclosure or production of the document or thing might tend to incriminate the person of an offence. (2) However, any answer given to a question, or document or thing disclosed or produced, by a natural person in compliance with the requirement is not admissible in evidence against the person in any other action or proceedings. 34—Admissions by accused persons A person may admit on his trial any fact alleged or sought to be proved against him, and such admission shall be sufficient proof of the fact without other evidence: Provided that the admission shall be made by the accused either personally or by his counsel or solicitor in his presence, or, in the case of a body corporate, by its counsel or solicitor. 34A—Proof of commission of offence Where a person has been convicted of an offence or found by a court exercising criminal jurisdiction to have committed an offence and the commission of the offence is in issue or relevant to an issue in a civil proceeding, the conviction or finding is evidence of the commission of the offence and admissible in the proceeding against the person or a party claiming through or under the person. 34AB—Identification evidence (1) In a criminal trial, evidence of the identity of a person alleged to have committed an offence is not inadmissible, and is not to be excluded, merely because it was obtained other than by means of an identity parade involving a physical line‑up of persons. (2) In a criminal trial, evidence of the identity of a person alleged to have committed an offence obtained by means of an identity parade is to be excluded unless— (a) — (i) an audio visual record of the identity parade is made and kept in accordance with the regulations; and (ii) if the regulations prescribe procedures for the conduct of an identity parade—the identity parade is conducted in accordance with the prescribed procedures; or (b) the judge is satisfied that the interests of justice require the admission of the evidence despite the failure to comply with paragraph (a). (3) In a criminal trial where the identity of a person alleged to have committed an offence is in issue, the judge must, if evidence of the identity of the person is admitted, inform the jury— (a) of the need for caution before accepting identification evidence; and (b) of the reasons for the need for caution, both generally and in the circumstances of the case. (4) In giving any such information, the judge is not required to use any particular form of words but may not suggest that identification evidence obtained from an identity parade by any means other than by a physical line‑up of persons is inherently or intrinsically less reliable than evidence obtained from an identity parade by such means. (5) To avoid doubt, this section does not— (a) make evidence admissible that would otherwise be inadmissible; or (b) affect the court's discretion to exclude evidence. (6) In this section— identity parade means a contemporaneous presentation (whether by a physical line‑up or by means of images) of a number of persons to a witness for the purpose of identifying a person. 34C—Admissibility of documentary evidence as to facts in issue (1) In any civil proceedings where direct oral evidence of a fact would be admissible, any statement made by a person in a document and tending to establish that fact shall, on production of the original document, be admissible as evidence of that fact if the following conditions are satisfied, that is to say— (a) if the maker of the statement either— (i) had personal knowledge of the matters dealt with by the statement; or (ii) where the document in question is or forms part of a record purporting to be a continuous record, made the statement (in so far as the matters dealt with thereby are not within his personal knowledge) in the performance of a duty to record information supplied to him by a person who had, or might reasonably be supposed to have, personal knowledge of those matters; and (b) if the maker of the statement is called as a witness in the proceedings. (1a) However, the condition that the maker of the statement shall be called as a witness need not be satisfied if he is dead, or unfit by reason of his bodily or mental condition to attend as a witness, or if he is beyond the seas and it is not reasonably practicable to secure his attendance, or if all reasonable efforts to find him have been made without success. (2) In any civil proceedings, the court may at any stage of the proceedings, if having regard to all the circumstances of the case it is satisfied that undue delay or expense would otherwise be caused, order that such a statement as is mentioned in subsection (1) of this section shall be admissible as evidence or may, without any such order having been made, admit such a statement in evidence— (a) notwithstanding that the maker of the statement is available but is not called as a witness; (b) notwithstanding that the original document is not produced, if in lieu thereof there is produced a copy of the original document or of the material part thereof certified to be a true copy in such manner as may be specified in the order or as the court may approve, as the case may be. (3) Nothing in this section shall render admissible as evidence any statement made by a person interested at a time when proceedings were pending or anticipated involving a dispute as to any fact which the statement might tend to establish. (4) For the purposes of this section, a statement in a document shall not be deemed to have been made by a person unless the document or the material part thereof was written, made or produced by him with his own hand, or was signed or initialled by him or otherwise recognised by him in writing as one for the accuracy of which he is responsible. (5) For the purpose of deciding whether or not a statement is admissible as evidence by virtue of the foregoing provisions, the court may draw any reasonable inference from the form or contents of the document in which the statement is contained, or from any other circumstances, and may, in deciding whether or not a person is fit to attend as a witness, act on a certificate purporting to be the certificate of a legally qualified medical practitioner and where the proceedings are with a jury, the court may in its discretion reject the statement notwithstanding that the requirements of this section are satisfied with respect thereto, if for any reason it appears to it to be inexpedient in the interests of justice that the statement should be admitted. 34CB—Direction relating to delay where defendant forensically disadvantaged (1) A rule of law or practice obliging a judge in a trial of a charge of an offence to give a warning of a kind known as a Longman warning is abolished. See Longman v The Queen (1989) 168 CLR 79 (2) If, in a trial of a charge of an offence, the court is of the opinion that the period of time that has elapsed between the alleged offending and the trial has resulted in a significant forensic disadvantage to the defendant, the judge must— (a) explain to the jury the nature of the forensic disadvantage; and (b) direct that the jury must take the forensic disadvantage into account when scrutinising the evidence. (3) An explanation or direction under subsection (2) may not take the form of a warning and— (a) must be specific to the circumstances of the particular case; and (b) must not include the phrase "dangerous or unsafe to convict" or similar words or phrases. 34D—Weight to be attached to evidence (1) In estimating the weight, if any, to be attached to a statement rendered admissible as evidence by this Act, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the statement, and in particular to the question whether or not the statement was made contemporaneously with the occurrence or existence of the facts stated, and to the question whether or not the maker of the statement had any incentive to conceal or misrepresent facts. (2) For the purpose of any rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement rendered admissible as evidence by this Act shall not be treated as corroboration of evidence given by the maker of the statement. 34E—Proof of instrument to validity of which attestation is necessary Subject as hereinafter provided, in any proceedings, whether civil or criminal, an instrument to the validity of which attestation is requisite may, instead of being proved by an attesting witness, be proved in the manner in which it might be proved if no attesting witness were alive: Provided that nothing in this section shall apply to the proof of wills or other testamentary documents. 34F—Presumptions as to documents twenty years old In any proceedings, whether civil or criminal, there shall, in the case of a document proved, or purporting, to be not less than twenty years old, be made any presumption which immediately before the commencement of this Act would have been made in the case of a document of like character proved, or purporting, to be not less than thirty years old. 34G—Interpretation and savings (1) In sections 34C to 34F (inclusive) of this Act— document includes books, maps, plans, drawings and photographs; statement includes any representation of fact, whether made in words or otherwise; proceedings includes arbitrations and references, and court shall be construed accordingly. (2) Nothing in sections 34C to 34F (inclusive) of this Act shall— (a) prejudice the admissibility of any evidence which would apart from the provisions of those sections be admissible; or (b) enable documentary evidence to be given as to any declaration relating to a matter of pedigree, if that declaration would not have been admissible as evidence if those sections had not been enacted. 34J—Special provision for taking evidence where witness is seriously ill (1) Where a person who may be in a position to give information in relation to an indictable offence is dangerously ill and, in the opinion of a medical practitioner, unlikely to recover from the illness, a magistrate or justice may take a statement from that person. (2) The statement is to be a sworn statement unless the magistrate or justice determines that the person making the statement does not have sufficient understanding of the obligation to be truthful entailed in giving sworn evidence. (3) Where a person is subsequently charged with an indictable offence to which the statement is relevant, the statement is admissible in evidence at the committal proceedings or trial of the charge if it is established— (a) that the person from whom the statement was taken is dead or unable to give evidence because of illness or infirmity; and (b) that the prosecutor or defendant (as the case requires) had reasonable notice of the proposal to take evidence and a reasonable opportunity to attend and cross-examine the person. 34K—Admissibility of depositions at trial (a) a statement from a witness is filed or tendered for the purpose of committal proceedings relating to a charge of an indictable offence or oral evidence is taken from a witness in committal proceedings; and (b) the witness subsequently dies or becomes so ill or infirm that he or she cannot give evidence at the trial, the record of the witness's evidence in the committal proceedings may, with the permission of the court of trial, be read as evidence at the trial. (2) Permission to admit evidence for the prosecution under this section will not be granted if the court considers that admission of the evidence without the opportunity of cross-examination would, in the circumstances of the case, be unfair to the defendant. 34KA—Admissibility of evidence of out of court statements by unavailable witnesses (1) Subject to this section, in prescribed proceedings, a statement not made in oral evidence in the proceedings (an out of court statement) is admissible as evidence of any matter stated if— (a) oral evidence given in the proceedings by the person who made the out of court statement would be admissible as evidence of that matter; and (b) the person who made the out of court statement (the relevant person) is identified to the court's satisfaction; and (c) any 1 of the conditions specified in subsection (2) is satisfied. (2) The conditions are as follows: (a) that the relevant person is dead; (b) that the relevant person is unfit to be a witness because of a bodily or mental condition; (c) that the relevant person is outside of the State and it is not reasonably practicable to secure his or her attendance; (d) that the relevant person cannot be found although such steps as it is reasonably practicable to take to find him or her have been taken; (e) that through fear the relevant person does not give (or does not continue to give) oral evidence in the proceedings, either at all or in connection with the subject matter of the out of court statement, and the court gives leave for the out of court statement to be given in evidence. (3) For the purposes of subsection (2)(e) fear is to be widely construed and includes, for example, fear of the death or injury of another person or of financial loss. (4) Leave may be given under subsection (2)(e) only if the court considers that the out of court statement ought to be admitted in the interests of justice, having regard to— (a) any information (whether or not given in evidence, or of a kind that could be given in evidence) suggesting threats have been made to the witness, whether directly or indirectly; and (b) the statement's contents; and (c) any risk that its admission or exclusion will result in unfairness to a defendant in the proceedings (and in particular to how difficult it will be to challenge the statement if the relevant person does not give oral evidence and the defendant is not able to cross‑examine the person); and (d) any other measures that could be taken by the court in relation to the relevant person; and (e) any other relevant circumstances. (5) A condition set out in any paragraph of subsection (2) which is in fact satisfied is to be treated as not satisfied if it is shown that the circumstances described in that paragraph are caused— (a) by the person in support of whose case it is sought to give the out of court statement in evidence; or (b) by a person acting on his or her behalf, in order to prevent the relevant person giving oral evidence in the proceedings (whether at all or in connection with the subject matter of the out of court statement). (6) Nothing in this section makes an out of court statement admissible as evidence if it was made by a person who was not competent at the time when he or she made the statement. (7) This section is in addition to, and does not derogate from, any other power of a court to admit an out of court statement into evidence. (8) In this section— 34KB—Credibility (1) This section applies if in prescribed proceedings— (a) a statement not made in oral evidence in the proceedings (an out of court statement) is admitted as evidence of a matter stated; and (b) the maker of the out of court statement does not give oral evidence in connection with the subject matter of the statement. (2) In a case to which this section applies— (a) any evidence which (if the person who made the out of court statement had given such evidence) would have been admissible as relevant to the reliability of the statement and the person's credibility as a witness is so admissible in the proceedings; and (b) evidence may, with the court's leave, be given of any matter which (if the person who made the out of court statement had given such evidence) could have been put to the person in cross‑examination as relevant to the reliability of the statement and the person's credibility as a witness but of which evidence could not have been adduced by the cross‑examining party; and (c) evidence tending to prove that the person who made the out of court statement made (at whatever time) any other statement inconsistent with the statement admitted as evidence is admissible for the purpose of showing that the person contradicted himself or herself. (3) If as a result of evidence admitted under this section an allegation is made against the maker of a statement, the court may permit a party to lead additional evidence of such description as the court may specify for the purposes of denying or answering the allegation. 34KC—Stopping the case where evidence is unconvincing (1) If on a defendant's trial before a judge and jury for an offence the judge is satisfied at any time after the close of the case for the prosecution that— (a) the case against the defendant is based wholly or partly on a statement not made in oral evidence in the proceedings (an out of court statement); and (b) the evidence provided by the out of court statement is so unconvincing that, considering its importance to the case against the defendant, a conviction of the offence would be unsafe, the judge must either direct the jury to acquit the defendant of the offence or, if it considers that there ought to be a retrial, discharge the jury. (2) Where— (a) a jury is directed under subsection (1) to acquit a defendant of an offence; and (b) the circumstances are such that, apart from this subsection, the defendant could if acquitted of that offence be found guilty of another offence, the defendant may not be found guilty of that other offence if the judge is satisfied as mentioned in subsection (1) in respect of it. (3) This section does not prejudice any other power a judge may have to direct a jury to acquit a person of an offence or to discharge a jury. 34KD—Court's general discretion to exclude evidence (1) In prescribed proceedings the court may refuse to admit a statement as evidence of a matter stated if— (a) the statement was made otherwise than in oral evidence in the proceedings; and (b) the court is satisfied that the case for excluding the statement, taking account of the danger that to admit it would result in undue waste of time, substantially outweighs the case for admitting it, taking account of the value of the evidence. (2) Nothing in this section derogates from any other power of a court to exclude evidence at its discretion (whether by preventing questions from being put or otherwise). Division 2—Miscellaneous rules of evidence in sexual cases 34L—Evidence in sexual cases generally (1) In proceedings in which a person is charged with a sexual offence, no question may be asked or evidence admitted— (a) as to the sexual reputation of the alleged victim of the offence; or (b) except with the permission of the judge—as to the alleged victim's sexual activities before or after the events of and surrounding the alleged offence (other than recent sexual activities with the accused). (2) In deciding whether permission should be granted under subsection (1)(b), the judge must give effect to the principle that alleged victims of sexual offences should not be subjected to unnecessary distress, humiliation or embarrassment through the asking of questions or admission of evidence of the kind referred to in that subsection, and must not grant permission unless satisfied that the evidence in respect of which permission is sought— (a) is of substantial probative value; or (b) would, in the circumstances, be likely materially to impair confidence in the reliability of the evidence of the alleged victim, and that its admission is required in the interests of justice. (3) Permission must not be granted under subsection (1)(b) authorising the asking of questions or the admission of evidence the purpose of which is only to raise inferences from some general disposition of the alleged victim. (4) An application for permission under subsection (1)(b) must be heard and determined in the absence of the jury (if any). (5) In a trial of a charge of a sexual offence, the judge is not required by any rule of law or practice to warn the jury that it is unsafe to convict the accused on the uncorroborated evidence of the alleged victim of the offence. (6) Subsection (5) does not affect the operation of any provision of this or any other Act requiring that the evidence of a witness be corroborated. (7) In this section— evidence includes an allegation or statement made by way of an unsworn statement; sexual activities includes sexual experience or lack of sexual experience. 34LA—Admissibility of evidence of out of court statements by certain alleged victims of sexual offences (1) In proceedings in which a person is charged with a sexual offence, a statement not made in oral evidence in the proceedings (an out of court statement) is admissible as evidence of any matter stated if— (a) oral evidence given in the proceedings by the person who made the out of court statement would be admissible as evidence of that matter; and (b) the person who made the out of court statement is identified to the court's satisfaction; and (c) each of the conditions specified in subsection (2) is satisfied. (2) The conditions are as follows: (a) the person who made the out of court statement is the alleged victim of the sexual offence; (b) the person will not be called as a witness in the proceedings because the judge is satisfied that, at the time the person made the out of court statement, the person was— (i) a young child; or (ii) a person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions; (c) the out of court statement was not made by the person to an investigating or other authority as part of a formal interview process conducted in relation to the alleged offence; (d) after considering the out of court statement, the circumstances in which it was made and any other relevant factor, the judge is of the opinion that the evidence has sufficient probative value to justify its admission. (3) Subsection (2)(b) applies regardless of the age of the person or the person's capacity at the time the judge is considering whether to admit the evidence of the out of court statement in the proceedings. (4) Evidence of an out of court statement admitted under this section may be used to prove the truth of the facts asserted in the statement. (5) If evidence of an out of court statement is admitted under this section, the judge must warn the jury to treat the evidence of the out of court statement with particular care because it has not been tested by way of examination or cross‑examination of the alleged victim. 34M—Evidence relating to complaint in sexual cases (1) This section abolishes the common law relating to recent complaint in sexual cases. See Kilby v The Queen (1973) 129 CLR 460; Crofts v The Queen (1996) 186 CLR 427 (2) In a trial of a charge of a sexual offence, no suggestion or statement may be made to the jury that a failure to make, or a delay in making, a complaint of a sexual offence is of itself of probative value in relation to the alleged victim's credibility or consistency of conduct. (3) Despite any other rule of law or practice, evidence related to the making of an initial complaint of an alleged sexual offence is admissible in a trial of a charge of the sexual offence. Examples— Evidence may be given by any person about— • when the complaint was made and to whom; • the content of the complaint; • how the complaint was solicited; • why the complaint was made to a particular person at a particular time; • why the alleged victim did not make the complaint at an earlier time. (4) If evidence referred to in subsection (3) is admitted in a trial, the judge must direct the jury that— (a) it is admitted— (i) to inform the jury as to how the allegation first came to light; and (ii) as evidence of the degree of consistency of conduct of the alleged victim; and (b) it is not admitted as evidence of the truth of what was alleged; and (c) there may be varied reasons why the alleged victim of a sexual offence has made a complaint of the offence at a particular time or to a particular person, but that, otherwise, it is a matter for the jury to determine the significance (if any) of the evidence in the circumstances of the particular case. (5) It is not necessary that a particular form of words be used in giving the direction under subsection (4). (6) In this section— complaint, in relation to a sexual offence, includes a report or any other disclosure (whether to a police officer or otherwise); initial complaint, in relation to a sexual offence, includes information provided by way of elaboration of the initial complaint (whether provided at the time of the initial complaint or at a later time). 34N—Directions relating to consent in certain sexual cases (1) Subject to subsection (2), in a trial of a charge of a sexual offence where a lack of consent of a person in relation to a particular sexual activity is in issue, the judge must direct the jury as to the following matters: (a) that there is no typical or normal response to non‑consensual sexual activity and the person is not to be regarded as having consented to the sexual activity the subject of the charge merely because— (i) the person did not say or do anything to indicate that he or she did not freely and voluntarily agree to the sexual activity; or (ii) the person did not protest to or physically resist the sexual activity; or (iii) the person was not physically injured in the course of, or in connection with, the sexual activity; or (iv) 1 or more of the following circumstances apply: (A) the person freely and voluntarily agreed to sexual activity of a different kind with the defendant; (B) the person had freely and voluntarily agreed to sexual activity (whether or not of the same kind) with the defendant on an earlier occasion; (C) the person had, on that or some other occasion, freely and voluntarily agreed to sexual activity (whether or not of the same kind) with another person; (b) that non-consensual sexual activity can occur in many different circumstances and is not always perpetrated by a stranger in a public area; (c) that non-consensual sexual activity can occur between different kinds of people including— (i) people who know one another; or (ii) people who are married to one another; or (iii) people who are in an established relationship with one another, and is not less serious just because the people involved have any such relationship; (d) that— (i) trauma may affect people differently, which means that some people may show obvious signs of emotion or distress when giving evidence in court about an alleged sexual offence but others may not; and (ii) the presence or absence of emotion or distress does not necessarily mean that a person is not telling the truth about an alleged sexual offence; (e) that it should not be assumed that a person consented to sexual activity because the person— (i) wore particular clothing or had a particular appearance; or (ii) consumed alcohol or any other drug; or (iii) was present in a particular location (either generally or at a particular time). (2) The judge must, in a trial referred to in subsection (1), give each of the directions referred to in that subsection as may be applicable in the circumstances of the particular case. (2a) Despite any other provision of this Act, or any other Act or law, a court may, in a trial of a charge of a sexual offence, receive expert evidence about any matter referred to in this section. consent, in relation to a sexual activity, has the same meaning as in the Criminal Law Consolidation Act 1935; sexual activity includes sexual intercourse (within the meaning of the Criminal Law Consolidation Act 1935). Division 3—Admissibility of evidence showing discreditable conduct or disposition 34O—Application of Division (1) This Division applies to the trial of a charge of an offence and prevails over any relevant common law rule of admissibility of evidence to the extent of any inconsistency. (2) This Division does not apply to— (a) evidence adduced pursuant to section 18; or (b) evidence of the character, reputation, conduct or disposition of a person as a fact in issue. 34P—Evidence of discreditable conduct (1) In the trial of a charge of an offence, evidence tending to suggest that a defendant has engaged in discreditable conduct, whether or not constituting an offence, other than conduct constituting the offence (discreditable conduct evidence)— (a) cannot be used to suggest that the defendant is more likely to have committed the offence because he or she has engaged in discreditable conduct; and (b) is inadmissible for that purpose (impermissible use); and (c) subject to subsection (2), is inadmissible for any other purpose. (2) Discreditable conduct evidence may be admitted for a use (the permissible use) other than the impermissible use if, and only if— (a) the judge is satisfied that the probative value of the evidence admitted for a permissible use outweighs any prejudicial effect it may have on the defendant; and (b) in the case of evidence admitted for a permissible use that relies on a particular propensity or disposition of the defendant as circumstantial evidence of a fact in issue—the evidence has strong probative value having regard to the particular issue or issues arising at trial. (3) In the determination of the question in subsection (2)(a), the judge must have regard to whether the permissible use is, and can be kept, sufficiently separate and distinct from the impermissible use so as to remove any appreciable risk of the evidence being used for that purpose. (4) Subject to subsection (5), a party seeking to adduce evidence that relies on a particular propensity or disposition of the defendant as circumstantial evidence of a fact in issue under this section must give reasonable notice in writing to each other party in the proceedings in accordance with the rules of court. (5) The court may, if it thinks fit, dispense with the requirement in subsection (4). 34Q—Use of evidence for other purposes Evidence that under this Division is not admissible for 1 use must not be used in that way even if it is relevant and admissible for another use. 34R—Trial directions (1) If evidence is admitted under section 34P, the judge must (whether or not sitting with a jury) identify and explain the purpose for which the evidence may, and may not, be used. (2) If evidence is admitted under section 34P and that evidence is essential to the process of reasoning leading to a finding of guilt, the evidence cannot be used unless on the whole of the evidence, the facts in proof of which the evidence was admitted are established beyond reasonable doubt, and the judge must (whether or not sitting with a jury) give a direction accordingly. 34S—Certain matters excluded from consideration of admissibility Evidence may not be excluded under this Division if the only grounds for excluding the evidence would be either (or both) of the following: (a) there is a reasonable explanation in relation to the evidence consistent with the innocence of the defendant; (b) the evidence may be the result of collusion or concoction. 34T—Severance Where— (a) 2 or more defendants are charged in the same information; and (b) a party proposes to adduce discreditable conduct evidence; and (c) a defendant (the applicant) applies prior to or during a trial for a separate trial or for a charge to be severed from the information, the court, when considering the application, must give strong weight to a real possibility that the applicant may be prejudiced by— (d) evidence proposed to be adduced by the prosecutor against another defendant which is not admissible against the applicant; or (e) evidence proposed to be adduced by another defendant which is not admissible against the applicant; or (f) the applicant's inability to adduce with respect to another defendant relevant evidence that would be admissible but for the operation of section 34P. Division 4—Evidence in proceedings where circumstances of family violence 34U—Interpretation (1) In this Division— abuse has the same meaning as in the Intervention Orders (Prevention of Abuse) Act 2009 and, for the purposes of this definition— (a) a single act may amount to abuse; and (b) a number of acts that form part of a pattern of behaviour may amount to abuse, even though some or all of those acts, when viewed in isolation, may appear to be minor or trivial; and (c) a person may commit an act of abuse by causing or allowing another person to commit the act or to take part in the commission of the act; family violence, in relation to a person, means an act or acts of abuse committed against the person by a member of the person's family; member of a person's family—the following persons are members of a person's family: (a) a person who is, or was, a spouse of the person; (b) a person who is, or was, a domestic partner of the person; (c) a person who is, or was, in an intimate personal relationship with the person (not being a marriage or domestic partnership); (d) a person who is, or was, a parent, grandparent or step‑parent of the person; (e) a sibling or step‑sibling of the person; (f) a child, grandchild or step‑child of the person; (g) a person who, according to Aboriginal or Torres Strait Islander kinship rules, is a member of a culturally recognised family group of the person; (h) a guardian of the person; (i) a carer of the person (within the meaning of the Carers Recognition Act 2005); (j) a person (not being a person referred to in a preceding paragraph) who is, or was, a member of the household of the person; (k) any other person prescribed by the regulations for the purposes of this paragraph, and family member has a corresponding meaning. (2) For the purposes of this Division, a reference to proceedings related to the offence includes a reference to any committal or interlocutory proceedings related to the offence. 34V—Circumstances of family violence (1) For the purposes of this Act and any other Act, an offence is committed in, or an event occurs in, circumstances of family violence if— (a) the offence or event consists of, or includes, the commission of family violence; or (b) the offence is committed, or the event occurs— (i) during the commission of family violence; or (ii) as a response to the commission of family violence, or a threat of the commission of family violence in the future (whether implied or express and whether the commission of the family violence is imminent or otherwise); or (c) the offence is committed, or the event occurs, in any other circumstances resulting from or related to the commission of family violence. (2) A court sentencing a person for an offence committed in circumstances of family violence— (a) will, if the trial court made a finding of fact relating to circumstances or evidence of family violence, be bound by that finding; and (b) may, if the trial court has not made such a finding, determine any question relating to circumstances of family violence— (i) by reference to any evidence of family violence adduced during proceedings related to the offence (whether by the defendant or the prosecution); or (ii) by reference to any evidence of family violence provided to the sentencing court during sentencing proceedings (whether by the defendant or the prosecution); or (iii) by reference to any statement of agreed facts provided to the court during proceedings related to the offence or the sentencing proceedings; or (iv) by otherwise informing itself in relation to the circumstances of family violence in accordance with any rules of court. 34W—Evidence of family violence Except where the contrary intention appears, a reference in this or any other Act to evidence of family violence, in relation to a person, will be taken to include a reference to evidence of the following kinds: (a) evidence of the history of the relationship between the person and a family member, including family violence by the family member towards the person or a family member, or by the family member or the person in relation to any other family member; (b) evidence of the effect, including the cumulative effect, of family violence on the person or a family member; (c) evidence of any social, cultural or economic effects of the family violence on the person or a family member; (d) evidence of the general nature and dynamics of the person's relationship, including the possible consequences of separation from the person who committed the family violence; (e) evidence of the psychological effect of family violence on the person or a family member, and includes, to avoid doubt, social framework evidence within the meaning of section 34X. 34X—Certain expert evidence relating to nature and effect of family violence to be admissible (1) Despite any other provision of this Act, or any other Act or law, a court may, in prescribed proceedings before the court, receive expert evidence consisting of social framework evidence about family violence. (2) To avoid doubt, nothing in subsection (1) limits the ability of a defendant or any other person to adduce evidence relating to the nature and effect of family violence. (3) To avoid doubt, social framework evidence may include evidence relating to a particular person or to particular circumstances. prescribed proceedings means proceedings for an offence that the defendant asserts occurred in circumstances of family violence and in which 1 or more of the following defences are raised: (a) self defence; (b) duress; (c) sudden or extraordinary emergency; social framework evidence means evidence of the nature and effect of family violence that provides context to the experiences of victims of family violence, including— (a) evidence relating to the general nature and dynamics of relationships affected by family violence and the cumulative effect on the person or a family member of family violence; and (b) evidence of the experiences of victims of family violence generally, to the extent that the evidence assists in understanding family violence generally; and (c) such other evidence as may be necessary or appropriate to ensure a jury has an adequate understanding of family violence. 34Y—Trial directions relating to evidence of family violence If evidence of family violence is admitted in the course of a trial for an offence that the defendant asserts occurred in circumstances of family violence, the judge must (whether or not sitting with a jury) identify and explain the purpose for which the evidence may, and may not, be used. 34Z—Review of Division and section 69A (1) The Minister must cause a review of the operation of this Division and section 69A (as enacted or amended by the Statutes Amendment (Abolition of Defence of Provocation and Related Matters) Act 2020) to be conducted and a report on the review to be prepared and submitted to the Minister. (2) The review and report must include— (a) consideration of the effect (if any) that this Division has had generally in relation to offences committed in circumstances of family violence; and (b) consideration of whether the circumstances of family violence set out in section 34V should be modified; and (c) details of any appeals relating to directions given under section 34Y; and (d) details of any suppression orders made under section 69A(1a); and (e) a recommendation as to whether further modification to the Act is necessary or desirable for the purpose of recognising and addressing the role family violence plays in relation to certain offending, and may include any other matter the Minister thinks fit. (3) The review and the report must be completed after the fifth, but before the sixth, anniversary of the commencement of this section. (4) A report under this section may be combined with a report under section 15F of the Criminal Law Consolidation Act 1935. (5) The Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.