Evidence Bill 2025
Contents
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Division 11 — Miscellaneous
309. Hearing to consider orders that should be made 236
310. Disclosure of protected communications in
connection with support measures 237
311. Dispensing with special procedure for giving
evidence 238
Part 8 — Proof
Division 1 — Standard of proof
312. Civil proceeding: standard of proof 240
313. Criminal proceeding: standard of proof 240
314. Admissibility of evidence: standard of proof 240
Division 2 — Corroboration
315. Corroboration not required 241
Division 3 — Warnings and information
316. Term used: delay 242
317. Unreliable evidence 242
318. Warnings about evidence given by children 243
319. Warnings about delays causing forensic
disadvantage 244
320. Prohibited directions about delays in complaint
about sexual and family violence offences 245
321. Required direction for delays in complaint about
sexual and family violence offences 246
Division 4 — Requests between parties relating
to evidence
322. Application of Division 248
323. Term used: request 248
324. Requests may be made about certain matters 249
325. Time limits for making requests 249
326. Failure or refusal to comply with requests 250
Part 9 — Judicial notice and
facilitation of proof
Division 1 — Matters of common knowledge
327. Judicial notice to be taken of matters of common
knowledge 253
Evidence Bill 2025
Contents
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Division 2 — Proof of laws
328. Judicial notice to be taken of Australian laws 254
329. Proof of laws of foreign countries 255
330. Evidence of law reports of foreign countries 255
331. Questions of foreign law to be decided by judge 256
Division 3 — Proof of public documents and
other official matters
332. Presumption as to authenticity of official
publications 257
333. Presumption as to regularity of acts notified in
official publications 257
334. Presumption as to authenticity of Parliamentary
documents 258
335. Presumption as to authenticity of Commonwealth
records and public documents 259
336. Presumption as to authenticity of copies, extracts
and summaries of public documents 260
337. Presumption as to authenticity of official seals and
signatures 261
338. Proof of public documents of other States or
Territories 262
339. Proof of public documents relating to judgments,
acts and processes of courts 263
340. Proof of official statistics 264
Division 4 — Proof of other matters relating to
documents and things
341. Presumption relating to documents and things
produced by processes and devices 264
342. Presumption relating to business documents
produced by processes and devices 265
343. Findings about accuracy of documents produced
by devices and processes 266
344. Presumption as to documents attested by justices,
lawyers and notaries public 267
345. Testimony of attesting witness not required 267
346. Presumption as to documents produced from
proper custody 268
347. Proof of foreign documents admissible in foreign
countries 268
Evidence Bill 2025
Contents
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Division 5 — Proof of communications
348. Presumption relating to receipt of postal articles 269
349. Presumptions relating to electronic
communications 269
350. Presumption relating to receipt of lettergrams and
telegrams 270
Division 6 — Proof of matters relating to
documents or things by affidavit or
written statement
351. Application of Division 271
352. Persons who may give evidence 272
353. Form in which evidence may be given 273
354. Evidence based on knowledge, belief or
information 273
355. Notification of other parties 274
Division 7 — Proof of other matters by
certificate or affidavit
356. Certificate of expert evidence 274
357. Certificate evidence of convictions, acquittals,
sentences and other court matters 275
358. Affidavit evidence of identity of convicted persons
by State and Territory police 277
359. Affidavit evidence of identity of convicted persons
by AFP employees and special members 277
360. Forensic biology certificates 278
361. Procedure for using forensic biology certificates 280
362. Appointment of persons as forensic scientists for
purposes of s. 360 281
363. Proof of service of statutory notifications, notices,
orders and directions 282
Division 8 — Proof of particular matters in
criminal proceedings
364. Proof of intention to injure, deceive or defraud 282
365. Evidence of stealing or receiving property from
aircraft, vehicle, vessel or related premises 282
366. Proof of stealing money 284
Evidence Bill 2025
Contents
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Part 10 — Miscellaneous
367. Inferences 285
368. Accused may admit matters and give consents 285
369. Impounding documents 285
370. Preliminary questions 286
371. Waiver of rules of evidence 288
372. Agreements as to facts 289
373. Leave, permission or direction may be subject to
conditions 289
374. Advance rulings and findings 290
375. Additional powers of court in relation to discovery
and disclosure 290
376. Additional power to make rules of court 291
377. Witness who fails to attend proceeding 292
378. Payments to witnesses and others for eligible
service 293
379. Recovery of amounts payable 295
380. Prohibited question not to be published 296
381. Identity of certain witnesses not to be published 296
382. Customs prosecutions 298
383. Regulations 299
384. Review of Act 299
385. Review of provisions relating to recorded
statements 300
Part 11 — Repeal, savings and
transitional provisions
Division 1 — Repeals
386. Evidence Act 1906 repealed 301
387. Regulations under Evidence Act 1906 repealed 301
Division 2 — Savings and transitional
provisions
388. Terms used 301
389. Application of Act to proceedings 302
390. Documents served or given 303
391. Documents and other things examined, copied or
viewed 303
392. Things done between parties 304
Evidence Bill 2025
Contents
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393. Identification evidence 304
394. Privileges 304
395. Cautioning of persons 305
396. Out-of-court representations 305
397. Recorded interviews 305
398. Visual recordings of evidence 306
399. Restrictions on use of audio evidence under former
Act 307
400. Restrictions on use of former Act recordings 307
401. Publication of former Act recordings prohibited 309
402. Playing or tendering altered recording in
proceeding 309
403. Power to give directions about former Act
recordings 310
404. Use of Justice documents 310
405. Facilitation of proof of documents 310
406. Admission of police affidavits 310
407. DNA certificates given before commencement 310
408. Restrictions on publishing names of complainants 310
409. Continuation of orders, directions, leave and other
things done under former Act 311
410. Saving of self-incrimination certificates given
under former Act 311
411. Construction of references 311
412. Transitional regulations 312
Part 12 — Consequential
amendments to other Acts
Division 1 — Aquatic Resources Management
Act 2016 amended
413. Act amended 314
414. Section 240 amended 314
Division 2 — Australia and New Zealand
Banking Group Act 1970 amended
415. Act amended 314
416. Section 10 deleted 314
417. Section 18 deleted 314
Evidence Bill 2025
Contents
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Division 3 — Australia and New Zealand
Banking Group Limited (NMRB) Act 1991
amended
418. Act amended 315
419. Section 10 amended 315
420. Section 18 amended 315
421. Section 19 amended 315
Division 4 — Australia and New Zealand
Banking Group Limited (Town & Country)
Act 1995 amended
422. Act amended 315
423. Section 11 amended 315
Division 5 — Bank of Western Australia
Act 1995 amended
424. Act amended 315
425. Section 33 amended 315
Division 6 — Child Care Services Act 2007
amended
426. Act amended 316
427. Section 44 amended 316
428. Section 46A inserted 316
46A. Interaction with protections in Evidence
Act 2025 316
Division 7 — Children and Community Services
Act 2004 amended
429. Act amended 317
430. Section 149 amended 318
431. Section 238A inserted 318
238A. Interaction with protections in Evidence
Act 2025 318
432. Section 239 amended 319
Division 8 — Control of Vehicles (Off-road
Areas) Act 1978 amended
433. Act amended 319
434. Section 28A amended 319
Division 9 — Corruption, Crime and Misconduct
Act 2003 amended
435. Act amended 320
436. Section 3 amended 320
Evidence Bill 2025
Contents
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437. Section 94 amended 320
438. Section 145 amended 320
Division 10 — The Criminal Code amended
439. Act amended 321
440. Sections 540 and 541 deleted 321
Division 11 — Criminal Investigation Act 2006
amended
441. Act amended 321
442. Section 48 amended 321
443. Section 118 amended 321
444. Part 11A inserted 322
Part 11A — Creating recorded statements for use as
evidence
124A. Terms used 322
124B. Police officer may create recorded
statement for use as evidence 322
124C. Consent of person making statement 323
124D. Recordings to be retained by police 323
445. Section 138 amended 324
446. Section 154 amended 324
447. Section 155 deleted 324
Division 12 — Criminal Procedure Act 2004
amended
448. Act amended 325
449. Section 42 amended 325
450. Section 64 amended 325
451. Section 88 amended 325
452. Section 98 amended 326
453. Section 109 amended 326
454. Section 119 amended 326
455. Section 137A amended 326
456. Section 137B inserted 327
137B. Restrictions on disclosure of recorded
evidence 327
457. Section 144 amended 328
458. Section 168 amended 328
459. Section 171 amended 329
460. Section 172 amended 329
461. Schedule 3 clause 2 replaced 330
2. Evidence Act 2025 not affected 330
Evidence Bill 2025
Contents
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462. Schedule 3 clause 6 amended 330
463. Schedule 3 clause 7 amended 330
464. Schedule 3 clause 8 inserted 331
8. Access of accused to some recorded
evidence restricted 331
Division 13 — Criminal Property Confiscation
Act 2000 amended
465. Act amended 332
466. Sections 109A to 109E inserted 332
109A. Terms used 332
109B. Admissibility of business records 334
109C. Weight of evidence admitted under
s. 109B 335
109D. Evidence as to credibility of qualified
persons 336
109E. Dispute as to happening of event 337
467. Glossary clause 1 amended 338
Division 14 — High Risk Serious Offenders
Act 2020 amended
468. Act amended 338
469. Section 39 amended 338
470. Section 69 amended 339
Division 15 — Juries Act 1957 amended
471. Act amended 339
472. Part VIII heading amended 339
473. Section 51 amended 339
Division 16 — Licensed Surveyors Act 1909
amended
474. Act amended 340
475. Section 8B amended 340
476. Third Schedule amended 340
Division 17 — Privacy and Responsible
Information Sharing Act 2024 amended
477. Act amended 341
478. Section 158 amended 341
Division 18 — Restraining Orders Act 1997
amended
479. Act amended 341
480. Section 53B replaced 341
53B. Evidence of children 341
Evidence Bill 2025
Contents
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Division 19 — Spent Convictions Act 1988
amended
481. Act amended 342
482. Section 14 replaced 342
14. Division 4 does not apply to proceedings
in which laws of evidence apply 342
14A. Division 4 does not affect Commissioner
of Police acting under s. 7 343
Division 20 — Supreme Court Act 1935 amended
483. Act amended 343
484. Section 42 amended 343
485. Section 172 deleted 343
Division 21 — The Commercial Bank of
Australia Limited (Merger) Act 1982
amended
486. Act amended 343
487. Section 11 amended 343
Division 22 — The Commercial Banking
Company of Sydney Limited (Merger)
Act 1982 amended
488. Act amended 344
489. Section 10 amended 344
Division 23 — Westpac Banking Corporation
(Challenge Bank) Act 1996 amended
490. Act amended 344
491. Section 15 amended 344
Division 24 — Other Acts amended
492. Various references to “Evidence Act 1906”
amended 344
Defined terms
page 1
Western Australia
LEGISLATIVE ASSEMBLY
Evidence Bill 2025
A Bill for
An Act —
• to provide for the law of evidence; and
• to repeal the Evidence Act 1906 and regulations made under that
Act; and
• to make consequential amendments to various Acts.
The Parliament of Western Australia enacts as follows:
Evidence Bill 2025
Part 1 Preliminary
Division 1 Introduction
s. 1
page 2
Part 1 — Preliminary1
Division 1 — Introduction2
Short title3
This is the Evidence Act 2025.4
Commencement5
This Act comes into operation as follows —6
(a) Part 1 — on the day on which this Act receives the7
Royal Assent;8
(b) Part 12 Division 1 —9
(i) if the Aquatic Resources Management Act 201610
section 240 comes into operation on or before the11
day fixed under paragraph (d) for section 386 —12
on the day fixed under paragraph (d) for13
section 386; or14
(ii) otherwise — immediately after the Aquatic15
Resources Management Act 2016 section 24016
comes into operation;17
(c) Part 12 Division 17 —18
(i) if the Privacy and Responsible Information19
Sharing Act 2024 section 158 comes into20
operation on or before the day fixed under21
paragraph (d) for section 386 — on the day fixed22
under paragraph (d) for section 386; or23
(ii) otherwise — immediately after the Privacy and24
Responsible Information Sharing Act 202425
section 158 comes into operation;26
(d) the rest of the Act — on a day fixed by proclamation,27
and different days may be fixed for different provisions.28
Evidence Bill 2025
Preliminary Part 1
Interpretation Division 2
s. 3
page 3
Division 2 — Interpretation1
3. Terms used2
(1) In this Act —3
accused means a person alleged in a prosecution notice or4
indictment to have committed an offence;5
admission means a previous representation that is —6
(a) made by a person who is or becomes a party to a7
proceeding (including an accused in a criminal8
proceeding); and9
(b) adverse to the person’s interest in the outcome of the10
proceeding;11
asserted fact has the meaning given in section 72(1);12
audio link means facilities (including telephone) that enable, at13
the same time, a court at a place to hear a person at another14
place and vice versa;15
Australia includes each external Territory;16
Australian court means —17
(a) the High Court of Australia; or18
(b) a court exercising federal jurisdiction; or19
(c) a court of a State or Territory; or20
(d) a judge, justice or arbitrator under an Australian law; or21
(e) a person or body authorised by an Australian law, or by22
consent of parties, to hear, receive and examine23
evidence; or24
(f) a person or body that, in exercising a function under an25
Australian law, is required to apply the laws of26
evidence;27
Australian law means a law of the Commonwealth, a State or a28
Territory;29
Australian or overseas proceeding means a proceeding30
(however described) in an Australian court or a foreign court;31
Evidence Bill 2025
Part 1 Preliminary
Division 2 Interpretation
s. 3
page 4
Australian Parliament means —1
(a) the Parliament; or2
(b) the Parliament of the Commonwealth or of another3
State; or4
(c) any present or former Legislative Assembly of a5
Territory, including the Australian Capital Territory6
House of Assembly;7
business has a meaning affected by section 4;8
case, of a party, means the facts in issue in respect of which the9
party bears the legal burden of proof;10
child means —11
(a) a person under 18 years of age; or12
(b) a person referred to in paragraph (b), (c) or (d) of the13
definition of child in the Children’s Court of Western14
Australia Act 1988 section 3(1);15
civil proceeding means a proceeding other than a criminal16
proceeding;17
client has a meaning affected by section 148(1);18
co-accused, in relation to an accused in a criminal proceeding,19
means a person against whom a prosecution has been instituted,20
but not yet completed or terminated, for —21
(a) an offence that arose in relation to the same events as22
those in relation to which the offence for which the23
accused is being prosecuted arose; or24
(b) an offence that relates to or is connected with the25
offence for which the accused is being prosecuted;26
coincidence evidence means evidence of a kind referred to in27
section 115(1) that a party seeks to have adduced for the28
purpose referred to in that subsection;29
coincidence rule means the rule of evidence provided for by30
section 115(1);31
Evidence Bill 2025
Preliminary Part 1
Interpretation Division 2
s. 3
page 5
complainant —1
(a) in relation to an offence — means a person against or in2
respect of whom the offence was or is alleged to have3
been committed, attempted or proposed, regardless of4
whether a complaint about the offence has been made to5
or recorded by a police officer; and6
(b) in a criminal proceeding — means the person against or7
in respect of whom the offence the subject of the8
proceeding was or is alleged to have been committed,9
attempted or proposed;10
court means —11
(a) the Supreme Court, the District Court, the Children’s12
Court, the Family Court, the Magistrates Court, a13
warden’s court under the Mining Act 1978 or a court of14
summary jurisdiction (as defined in the Criminal15
Procedure Act 2004 section 3(1)); or16
(b) the Coroner’s Court of Western Australia; or17
(c) any other court created by Parliament; or18
(d) any person or body that, in exercising a function under a19
written law, is required to apply the laws of evidence;20
credibility, of a person who has made a representation that has21
been admitted in evidence —22
(a) means the credibility of the representation; and23
(b) includes the person’s ability to observe or remember24
facts and events about which the person made the25
representation;26
credibility, of a witness —27
(a) means the credibility of any part or all of the evidence of28
the witness; and29
(b) includes the witness’s ability to observe or remember30
facts and events about which the witness has given, is31
giving or is to give evidence;32