Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Evidence Act 1929. 4—Interpretation (1) In this Act, unless some other intention is expressed, or implied by the context— canine court companion means a dog accredited by— (a) the Guide Dogs Association of SA and NT Inc.; or (b) a person or body prescribed by the regulations, as a canine court companion; child means a person under the age of 18 years; child sexual offence means a sexual offence committed in relation to a child; cognitive impairment includes the following: (a) a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder); (b) an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder); (c) a mental illness; communication partner means a person, or a person of a class, approved by the Minister for the purposes of providing assistance in proceedings to a witness with complex communication needs; court includes a tribunal, authority or person invested by law with judicial or quasi-judicial powers, or with authority to make any inquiry or to receive evidence; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; judge includes the member or members of any court having authority to admit evidence; legal proceeding or proceeding includes any action, trial, inquiry, cause, or matter, whether civil or criminal, in which evidence is or may be given and includes an arbitration; serious offence against the person means— (a) attempted murder; or (b) attempted manslaughter; or (c) a sexual offence; or (d) — (i) an offence of stalking and harassment under section 19AA of the Criminal Law Consolidation Act 1935; or (ii) an offence of causing serious harm under section 23 of the Criminal Law Consolidation Act 1935; or (iii) an offence involving an unlawful threat to kill or endanger life; or (iv) an offence involving abduction; or (v) an offence involving blackmail; or (vi) an attempt to commit, or assault with intent to commit, any of the offences in the preceding subparagraphs; sexual offence means— (a) rape; or (ab) compelled sexual manipulation; or (b) indecent assault; or (c) any offence involving unlawful sexual intercourse or an act of gross indecency; or (d) incest; or (da) any offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest; or (db) an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or (e) any attempt to commit, or assault with intent to commit, any of the foregoing offences; spouse—a person is the spouse of another if they are legally married; statement includes a statement however made; sworn evidence means evidence given under the obligation of an oath or an affirmation; and unsworn evidence has a corresponding meaning; electric telegraph means any system of telecommunication operated by the Australian Telecommunication Commission or any other authority approved by proclamation; telegraphic message means any message or other communication transmitted, or intended for transmission, or purporting to have been transmitted, by electric telegraph; telegraph station means a station established or used by the Australian Telecommunication Commission or other authority approved by proclamation for the receipt or transmission of telegraphic messages; vulnerable witness means— (a) a witness who is under 16 years of age; or (b) a witness who is cognitively impaired; or (c) a witness who is the alleged victim of an offence to which the proceedings relate— (i) where the offence is a serious offence against the person; or (ii) in any other case—where, because of the circumstances of the witness or the circumstances of the case, the witness would, in the opinion of the court, be specially disadvantaged if not treated as a vulnerable witness; or (d) a witness who— (i) has been subjected to threats of violence or retribution in connection with the proceedings; or (ii) has reasonable grounds to fear violence or retribution in connection with the proceedings; or (e) in the case of proceedings for a serious and organised crime offence (within the meaning of the Criminal Law Consolidation Act 1935)—a person who will only consent to being a witness in the proceedings if he or she is treated as a vulnerable witness for the purposes of the proceedings; young child means a child of or under the age of 14 years. (2) For the purposes of this Act, a witness who is to give oral evidence in proceedings will be taken to have complex communication needs if the witness's ability to give the evidence is significantly affected by a difficulty to communicate effectively with the court, whether the communication difficulty is temporary or permanent and whether caused by disability, illness, injury or some other cause. (3) However, a witness who is to give oral evidence in proceedings whose native language is not English will not be taken to have complex communication needs merely because the witness is not reasonably fluent in English (although the witness may be entitled to give the evidence through an interpreter under section 14). 5—Application of Act (prima facie) to all courts and enabling only The provisions of this Act, unless an intention to the contrary is expressed, or appears or is implied by the context— (a) apply to every proceeding before any court whatever; and (b) are in addition to, and not in derogation of, any rules of evidence, or power, or right, or duty in relation to procedure or evidence, whether existing at common law, or provided for by any law, at any time, in force in the State.