Evidence Bill 2025

9—1 page i Western Australia Evidence Bill 2025 Contents Part 1 — Preliminary Division 1 — Introduction

1. Short title 2
2. Commencement 2 Division 2 — Interpretation
3. Terms used 3
4. References to business 14
5. Examination in chief, cross-examination and re-examination 15
6. References to documents 16
7. Representations made in documents 17
8. References to availability of documents and things 17
9. References to availability to give evidence 18
10. References to laws 19
11. References to criminal proceedings 20
12. References to civil penalties 20
13. References to offspring and parents 20 Division 3 — Application of Act
14. Application of Act 21
15. Extended application of certain provisions 21
16. Electronic processes facilitation 22
17. Act binds Crown 22
18. Operation of other Acts 22
19. Application of common law and equity 22
20. Parliamentary privilege preserved 23
21. General powers of court 23

Evidence Bill 2025 Contents page ii Part 2 — Adducing evidence Division 1 — Witnesses Subdivision 1 — Competence and compellability of witnesses 22. Competence and compellability 24 23. Competence: lack of capacity 24 24. Compellability: reduced capacity 25 25. Compellability: foreign sovereign and others 26 26. Competence and compellability: judges and jurors 27 27. Competence and compellability: accused and co-accused in criminal proceeding 27 28. Compellability: spouses and others in criminal proceeding 28 29. Compellability: witnesses in public revenue cases 29 30. Comment on decision not to give evidence in criminal proceeding 30 Subdivision 2 — Oaths and affirmations 31. Sworn evidence of witnesses to be on oath or affirmation 31 32. Interpreters to act on oath or affirmation 32 33. Choice of oath or affirmation 32 34. Application of Oaths, Affidavits and Statutory Declarations Act 2005 33 Subdivision 3 — General rules about giving evidence 35. Court’s control over questioning of witnesses 33 36. Parties may question witnesses 34 37. Order of examination in chief, cross-examination and re-examination 34 38. Manner and form of questioning witnesses and their responses 34 39. Interpreters 35 40. Witnesses who cannot hear adequately or speak adequately 35 41. Attempts to revive memory in court 35 42. Evidence given by police officers 36 43. Attempts to revive memory out of court 37 44. Effect of calling for production of documents 37 45. Person may be examined without subpoena or other process 38

Evidence Bill 2025 Contents page iii Subdivision 4 — Examination in chief and re-examination 46. Leading questions not to be asked 39 47. Unfavourable witnesses 40 48. Limits on re-examination 41 Subdivision 5 — Cross-examination 49. Witness called in error not to be cross-examined 41 50. Improper questions 42 51. Leading questions may be asked 43 52. Prior inconsistent statements of witnesses 44 53. Previous representations of other persons 45 54. Production of documents 46 55. Leave to recall witnesses 47 56. Cross-examination of witness by unrepresented party 47 57. No direct cross-examination of certain witnesses by unrepresented accused 49 Division 2 — Documents 58. Terms used 51 59. Proof of contents of documents 51 60. Documents in foreign countries 53 61. Original document rule abolished 54 62. Copies of dutiable instruments 54 Division 3 — Other ways of adducing evidence 63. Adducing of other evidence not affected 54 64. Demonstrations, experiments and inspections 55 65. Demonstrations, experiments and inspections to be evidence 56 66. Charts, summaries and explanatory documents 56 67. Court may require voluminous or complex evidence to be given in another form 56 Part 3 — Admissibility of evidence Division 1 — Relevance 68. Relevant evidence 58 69. Relevant evidence to be admissible 58 70. Provisional relevance 58 71. Inferences as to relevance 59