Evidence Bill 2025
Adducing evidence Part 2
Witnesses Division 1
s. 48
page 41
(6) Without limiting the matters that the court may take into1
account in determining whether to give leave or a direction2
under this section, it must take into account —3
(a) whether the party gave notice at the earliest opportunity4
of the party’s intention to seek leave; and5
(b) the matters on which, and the extent to which, the6
witness has been, or is likely to be, questioned by7
another party.8
(7) A party is subject to the same liability to be cross-examined9
under this section as any other witness if —10
(a) a proceeding is being conducted in the name of the party11
by or on behalf of an insurer or other person; and12
(b) the party is a witness in the proceeding.13
Compare:14
Evidence Act 1995 (Commonwealth) s. 3815
48. Limits on re-examination16
On re-examination —17
(a) a witness may be questioned about matters arising out of18
evidence given by the witness in cross-examination; and19
(b) other questions must not be put to the witness unless the20
court gives leave.21
Compare:22
Evidence Act 1995 (Commonwealth) s. 3923
Subdivision 5 — Cross-examination24
49. Witness called in error not to be cross-examined25
A party must not cross-examine a witness who has been called26
in error by another party and has not been questioned by that27
Evidence Bill 2025
Part 2 Adducing evidence
Division 1 Witnesses
s. 50
page 42
other party about a matter relevant to a question to be1
determined in the proceeding.2
Compare:3
Evidence Act 1995 (Commonwealth) s. 404
50. Improper questions5
(1) A court must disallow a question (a disallowable question) put6
to a witness in cross-examination, or inform the witness that it7
need not be answered, if the court is of the opinion that the8
question —9
(a) is misleading or confusing; or10
(b) is unduly annoying, harassing, intimidating, offensive,11
oppressive, humiliating or repetitive; or12
(c) is put to the witness in a manner or tone that is belittling,13
insulting or otherwise inappropriate; or14
(d) has no basis other than a stereotype (for example, a15
stereotype based on sex, gender, sexual orientation, race,16
culture, ethnicity, religious or political conviction, age17
or disability).18
(2) Without limiting the matters that the court may take into19
account for the purposes of subsection (1), it must take into20
account —21
(a) any relevant condition or characteristic of the witness of22
which the court is, or is made, aware, including age,23
education, ethnic and cultural background, sex, gender,24
language background and skills, level of maturity and25
understanding and personality; and26
(b) any disability of which the court is, or is made, aware27
and which the witness has or appears to have; and28
(c) the context in which the question is put, including —29
(i) the nature of the proceeding; and30
(ii) in a criminal proceeding — the nature of the31
offence to which the proceeding relates; and32
Evidence Bill 2025
Adducing evidence Part 2
Witnesses Division 1
s. 51
page 43
(iii) the relationship (if any) between the witness and1
any other party to the proceeding.2
(3) A question is not a disallowable question merely because —3
(a) the question challenges the truthfulness of the witness or4
the consistency or accuracy of any statement made by5
the witness; or6
(b) the question requires the witness to discuss a subject that7
could be considered distasteful to, or private by, the8
witness.9
(4) A party may object to a question put to a witness on the ground10
that it is a disallowable question.11
(5) However, the duty imposed on the court by this section applies12
whether or not an objection is made to a particular question.13
(6) A failure by the court to disallow a question under this section,14
or to inform the witness that it need not be answered, does not15
affect the admissibility in evidence of any answer given by the16
witness in response to the question.17
Compare:18
Evidence Act 1906 s. 2619
Evidence Act 1995 (Commonwealth) s. 4120
51. Leading questions may be asked21
(1) A party may put a leading question to a witness in22
cross-examination unless the court disallows the question or23
directs the witness not to answer it under subsection (2) or (3).24
(2) The court must disallow a leading question, or direct the witness25
not to answer it, if the court is satisfied that the facts concerned26
would be better ascertained if leading questions were not used.27
(3) The court may disallow a leading question or direct the witness28
not to answer it if subsection (2) does not apply.29
Evidence Bill 2025
Part 2 Adducing evidence
Division 1 Witnesses
s. 52
page 44
(4) Without limiting the matters that the court may take into1
account in deciding whether to disallow a question or direct the2
witness not to answer it under subsection (3), the court must3
take into account the extent to which —4
(a) evidence that has been given by the witness in5
examination in chief is unfavourable to the party who6
called the witness; and7
(b) the witness has an interest consistent with an interest of8
the cross-examiner; and9
(c) the witness is sympathetic to the party conducting the10
cross-examination, either generally or about a particular11
matter; and12
(d) the age or any disability of the witness may affect the13
witness’s answers.14
(5) This section does not limit the court’s power to control leading15
questions.16
Compare:17
Evidence Act 1995 (Commonwealth) s. 4218
52. Prior inconsistent statements of witnesses19
(1) A witness may be cross-examined about a prior inconsistent20
statement alleged to have been made by the witness whether or21
not —22
(a) complete particulars of the statement have been given to23
the witness; or24
(b) a document containing a record of the statement has25
been shown to the witness.26
(2) If, in cross-examination, a witness does not admit that the27
witness has made a prior inconsistent statement, the28
cross-examiner must not adduce evidence of the statement29
Evidence Bill 2025
Adducing evidence Part 2
Witnesses Division 1
s. 53
page 45
otherwise than from the witness unless, in the1
cross-examination, the cross-examiner —2
(a) informed the witness of enough of the circumstances of3
the making of the statement to enable the witness to4
identify the statement; and5
(b) drew the witness’s attention to so much of the statement6
as is inconsistent with the witness’s evidence.7
(3) For the purpose of adducing evidence of the statement, a party8
may reopen the party’s case.9
Compare:10
Evidence Act 1906 s. 2111
Evidence Act 1995 (Commonwealth) s. 4312
53. Previous representations of other persons13
(1) Except as provided by this section, a cross-examiner must not14
question a witness about a previous representation alleged to15
have been made by a person other than the witness.16
(2) A cross-examiner may question a witness about the17
representation and its contents if —18
(a) evidence of the representation has been admitted; or19
(b) the court is satisfied that it will be admitted; or20
(c) the representation is contained in a document and the21
document was used, during examination in chief, to try22
to revive the witness’s memory.23
(3) If subsection (2) does not apply and the representation is24
contained in a document, the document may be used to question25
a witness only as follows —26
(a) the document must be produced to the witness;27
(b) if the document is an audio recording, or any other kind28
of document from which sounds are reproduced — the29
witness must be provided with the means (for example,30
headphones) to listen to the contents of the document31
Evidence Bill 2025
Part 2 Adducing evidence
Division 1 Witnesses
s. 54
page 46
without other persons present at the cross-examination1
hearing those contents;2
(c) the witness must be asked whether, having examined (or3
heard) the contents of the document, the witness stands4
by the evidence that the witness has given;5
(d) neither the cross-examiner nor the witness is permitted6
to identify the document or disclose any of its contents.7
(4) The document that is used to question the witness may be8
marked for identification.9
Compare:10
Evidence Act 1995 (Commonwealth) s. 4411
54. Production of documents12
(1) This section applies if a party is cross-examining or has13
cross-examined a witness about —14
(a) a prior inconsistent statement alleged to have been made15
by the witness that is recorded in a document; or16
(b) a previous representation alleged to have been made by17
another person that is recorded in a document.18
(2) If the court orders or if another party requires, the19
cross-examining party must produce to the court or to that other20
party —21
(a) the document; or22
(b) any evidence of the contents of the document that is23
available to the party.24
(3) The court may —25
(a) examine a document or evidence that has been produced26
under subsection (2); and27
(b) give directions as to its use; and28
(c) admit it even if it has not been tendered by a party.29
Evidence Bill 2025
Adducing evidence Part 2
Witnesses Division 1
s. 55
page 47
(4) Subsection (3)(c) does not permit the court to admit a document1
or evidence that is not admissible because of Part 3, 4 or 5.2
(5) The mere production of a document to a witness who is being3
cross-examined does not give rise to a requirement that the4
cross-examiner tender the document.5
Compare:6
Evidence Act 1995 (Commonwealth) s. 457
55. Leave to recall witnesses8
(1) A reference in this section to a matter raised by evidence9
adduced by another party includes a reference to an inference10
drawn from, or that the party intends to draw from, that11
evidence.12
(2) The court may give leave to a party to recall a witness to give13
evidence about a matter raised by evidence adduced by another14
party, being a matter on which the witness was not15
cross-examined, if the evidence concerned has been admitted16
and —17
(a) it contradicts evidence about the matter given by the18
witness in examination in chief; or19
(b) the witness could have given evidence about the matter20
in examination in chief.21
Compare:22
Evidence Act 1995 (Commonwealth) s. 4623
56. Cross-examination of witness by unrepresented party24
(1) This section applies —25
(a) in a criminal proceeding — if an accused who is not26
represented by legal counsel wishes to cross-examine a27
witness; or28
Evidence Bill 2025
Part 2 Adducing evidence
Division 1 Witnesses
s. 56
page 48
(b) in a civil proceeding in which it is alleged that a witness1
is the victim of sexual abuse or sexual harassment — if2
a party who is not represented by legal counsel wishes to3
cross-examine the witness.4
(2) The court may, by order —5
(a) direct that the witness’s evidence on cross-examination6
be given using a video link separation procedure that7
separates the witness from the cross-examiner; or8
(b) if it is not possible to make an order under paragraph (a),9
direct that a screening procedure be used while the10
witness gives evidence on cross-examination so the11
witness cannot see the cross-examiner.12
(3) In addition to, or instead of, making an order under13
subsection (2)(a) or (b), the court may make an order that —14
(a) forbids the unrepresented party from putting questions15
directly to the witness; and16
(b) requires the unrepresented party to instead put the17
questions to the judge or another person approved by the18
court.19
(4) The judge or approved person must repeat each question20
accurately to the witness (other than a question that is21
disallowed).22
(5) The court must have regard to the following matters in deciding23
whether to make an order under this section —24
(a) the nature of the charge or claim to which the25
proceeding relates;26
(b) the nature of the relationship (if any) between the27
witness and any party (including the unrepresented28
party);29
(c) the nature of the relationship (if any) between the30
parties;31
Evidence Bill 2025
Adducing evidence Part 2
Witnesses Division 1
s. 57
page 49
(d) the wishes of the witness;1
(e) the availability of any necessary facilities or equipment.2
(6) An order under this section —3
(a) may include any directions the court thinks fit relating to4
the video link separation procedure or screening5
procedure; and6
(b) may be varied or revoked at any time.7
(7) If a court makes an order under this section in a proceeding8
before a jury, the judge must instruct the jury that —9
(a) the procedure used for the cross-examination is a routine10
practice of the court; and11
(b) they should not draw an inference as to the guilt of an12
accused or the culpability of a party from the use of the13
procedure.14
(8) This section applies despite the Criminal Procedure Act 200415
section 88.16
(9) This section does not affect the operation of Part 7.17
(10) Sections 280 and 281 apply to the use of a video link separation18
procedure or screening procedure under this section in the same19
way as they apply to their use under Part 7 Division 7.20
Note for this section:21
Part 7 Division 10 restricts access to and use of recordings of evidence22
given by witnesses using video link separation procedures or23
screening procedures.24
Compare:25
Evidence Act 1906 s. 25A26
57. No direct cross-examination of certain witnesses by27
unrepresented accused28
(1) In a criminal proceeding, an accused who is not represented by29
legal counsel is not entitled to directly cross-examine —30
(a) a child; or31
Evidence Bill 2025
Part 2 Adducing evidence
Division 1 Witnesses
s. 57
page 50
(b) if the proceeding is for a sexual offence — the1
complainant; or2
(c) if the proceeding is for a criminal or identified3
organisation offence —4
(i) the complainant; or5
(ii) any witness for the prosecution;6
or7
(d) any other witness of a class prescribed by the8
regulations for the purposes of this section.9
(2) Instead, the accused must put any questions to the witness by10
stating the question to the judge or another person approved by11
the court.12
(3) The judge or approved person must repeat each question13
accurately to the witness (other than a question that is14
disallowed).15
(4) This section does not apply to the cross-examination of a16
witness by an accused if —17
(a) the witness is not a child; and18
(b) the witness consents to being directly cross-examined by19
the accused.20
(5) If the proceeding is before a jury, the judge must instruct the21
jury that —22
(a) the procedure used for the cross-examination is a routine23
practice of the court; and24
(b) they should not draw an inference as to the accused’s25
guilt from the use of the procedure.26
(6) This section does not affect the operation of Part 7.27
Compare:28
Evidence Act 1906 s. 106G29
Evidence Bill 2025
Adducing evidence Part 2
Documents Division 2
s. 58
page 51
Division 2 — Documents1
58. Terms used2
In this Division —3
copy, of a document in question, includes a document that is not4
an exact copy of the document in question but that is identical to5
the document in question in all relevant respects;6
document in question means a document as to the contents of7
which it is sought to adduce evidence.8
Compare:9
Evidence Act 1995 (Commonwealth) s. 4710
59. Proof of contents of documents11
(1) A party may adduce evidence of the contents of a document in12
question by tendering the document in question or by any of the13
following methods —14
(a) adducing evidence of an admission made by another15
party to the proceeding as to the contents of the16
document in question;17
(b) tendering a document that —18
(i) is or purports to be a copy or accurate19
reproduction of the document in question; and20
(ii) has been produced, or purports to have been21
produced, by a device that reproduces the22
contents of documents or has been made by any23
other process or in any other way;24
(c) if the document in question is an article or thing by25
which words are recorded in a way that is capable of26
being reproduced as sound, or in which words are27
recorded in a code (including shorthand writing) —28
tendering a document that is or purports to be a29
transcript of the words;30
Evidence Bill 2025
Part 2 Adducing evidence
Division 2 Documents
s. 59
page 52
(d) if the document in question is an article or thing on or in1
which information is stored in a way that it cannot be2
used by the court unless a device is used to retrieve,3
produce or collate it — tendering a document that was4
or purports to have been produced by use of the device;5
(e) tendering a document that —6
(i) forms part of the records of or kept by a business7
(whether or not the business is still in existence);8
and9
(ii) is or purports to be a copy of, or an extract from10
or a summary of, the document in question, or is11
or purports to be a copy of the extract or12
summary;13
(f) if the document in question is a public document —14
tendering a document that is or purports to be a copy of15
the document in question and that is or purports to have16
been printed or published —17
(i) by the Government Printer or by the government18
or official printer of the Commonwealth, another19
State or a Territory; or20
(ii) by authority of the Government or administration21
of the State, the Commonwealth, another State, a22
Territory or a foreign country; or23
(iii) by authority of an Australian Parliament, a24
House of an Australian Parliament, a committee25
of a House of an Australian Parliament or a26
committee of an Australian Parliament;27
(g) tendering a document that otherwise accurately28
reproduces the contents of the document in question.29
(2) Subsection (1) applies to a document in question whether the30
document in question is available to the party or not.31