190Waiver of rules of evidence

190 Waiver of rules of evidence

(1)  In relation to particular evidence or generally, the court, if the parties consent, may by order dispense with the application of any one or more of the following provisions:

(a) Division 3 , 4 or 5 of Part 1 of Chapter 2 ;

(b) Part 2 or 3 of Chapter 2 ;

(c) Parts 2 , 3 , 4 , 5 , 6 , 7 and 8 of Chapter 3 .

(2)  In a criminal proceeding, a defendant's consent is not effective for the purpose of subsection (1) unless –

(a) [Section 190 Subsection (2) amended by No. 46 of 2010, s. 49, Applied:01 Jan 2011] the defendant has been advised to do so by his or her Australian legal practitioner or legal counsel; or

(b) the court is satisfied that the defendant understands the consequences of giving the consent.

(3)  In a civil proceeding, the court may order that any one or more of the provisions specified in subsection (1) do not apply in relation to evidence if –

(a) the matter to which the evidence relates is not genuinely in dispute; or

(b) the application of those provisions would cause or involve unnecessary expense or delay.

(4)  Without limiting the matters that the court may take into account in deciding whether to exercise the power conferred by subsection (3) , it is to take into account –

(a) the importance of the evidence in the proceeding; and