Evidence Bill 2025
Admissibility of evidence Part 3
Tendency and coincidence Division 6
s. 114
page 87
(6) The following matters (whether considered individually or in1
combination) are not to be taken into account when determining2
whether there are sufficient grounds for the purposes of3
subsection (5) unless the court considers there are exceptional4
circumstances in relation to those matters (whether considered5
individually or in combination) to warrant taking them into6
account —7
(a) the sexual interest or act to which the tendency evidence8
relates (the tendency sexual interest or act) is different9
from the sexual interest or act alleged in the proceeding10
(the alleged sexual interest or act);11
(b) the circumstances in which the tendency sexual interest12
or act occurred are different from circumstances in13
which the alleged sexual interest or act occurred;14
(c) the personal characteristics of the subject of the15
tendency sexual interest or act (for example, the16
subject’s age, sex or gender) are different to those of the17
subject of the alleged sexual interest or act;18
(d) the relationship between the accused and the subject of19
the tendency sexual interest or act is different from the20
relationship between the accused and the subject of the21
alleged sexual interest or act;22
(e) the period of time between the occurrence of the23
tendency sexual interest or act and the occurrence of the24
alleged sexual interest or act;25
(f) the tendency sexual interest or act and alleged sexual26
interest or act do not share distinctive or unusual27
features;28
(g) the level of generality of the tendency to which the29
tendency evidence relates.30
Compare:31
Evidence Act 1995 (New South Wales) s. 97A32
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 6 Tendency and coincidence
s. 115
page 88
115. Coincidence rule1
(1) Evidence that 2 or more events occurred is not admissible to2
prove that a person did a particular act or had a particular state3
of mind on the basis that, having regard to any similarities in the4
events or the circumstances in which they occurred, or any5
similarities in both the events and the circumstances in which6
they occurred, it is improbable that the events occurred7
coincidentally unless —8
(a) the party seeking to adduce the evidence gave9
reasonable notice in writing to each other party of the10
party’s intention to adduce the evidence; and11
(b) the court thinks that the evidence will, either by itself or12
having regard to other evidence adduced or to be13
adduced by the party seeking to adduce the evidence,14
have significant probative value.15
(2) Subsection (1) includes the use of evidence from 2 or more16
witnesses claiming they are victims of offences committed by a17
person who is an accused in a criminal proceeding to prove, on18
the basis of similarities in the claimed acts or the circumstances19
in which they occurred, that the accused did an act in issue in20
the proceeding.21
(3) Subsection (1)(a) does not apply if —22
(a) the evidence is adduced in accordance with any23
directions made by the court under section 117(2); or24
(b) the evidence is adduced to explain or contradict25
coincidence evidence adduced by another party.26
Compare:27
Evidence Act 1995 (New South Wales) s. 9828
Evidence Bill 2025
Admissibility of evidence Part 3
Tendency and coincidence Division 6
s. 116
page 89
116. Requirements for notices1
Notices given under section 113(1)(a) or 115(1)(a) must be2
given in accordance with any regulations or rules of court made3
for the purposes of this section.4
Compare:5
Evidence Act 1995 (New South Wales) s. 996
117. Court may dispense with notice requirements7
(1) A court may, on the application of a party, direct that the8
tendency rule is not to apply to particular tendency evidence9
despite the party’s failure to give notice under section 113(1)(a).10
(2) A court may, on the application of a party, direct that the11
coincidence rule is not to apply to particular coincidence12
evidence despite the party’s failure to give notice under13
section 115(1)(a).14
(3) An application under subsection (1) or (2) may be made either15
before or after the time by which the party would, apart from16
this section, be required to give, or to have given, the notice.17
(4) In a civil proceeding, a party’s application may be made without18
notice of it having been given to 1 or more of the other parties.19
(5) A direction under subsection (1) or (2) —20
(a) is subject to any conditions the court thinks fit; and21
(b) may be given either at or before the hearing.22
(6) Without limiting the court’s power to impose conditions on the23
direction, those conditions may include 1 or more of the24
following —25
(a) a condition that the party give notice of its intention to26
adduce the evidence to a specified party, or to each other27
party other than a specified party;28
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 6 Tendency and coincidence
s. 118
page 90
(b) a condition that the party give that notice only in respect1
of specified tendency evidence, or all tendency evidence2
that the party intends to adduce other than specified3
tendency evidence;4
(c) a condition that the party give that notice only in respect5
of specified coincidence evidence, or all coincidence6
evidence that the party intends to adduce other than7
specified coincidence evidence.8
Compare:9
Evidence Act 1995 (New South Wales) s. 10010
118. Further restrictions on tendency evidence and coincidence11
evidence adduced by prosecution12
(1) This section only applies to a criminal proceeding and applies in13
addition to sections 113 and 115.14
(2) Tendency evidence about an accused, or coincidence evidence15
about an accused, that is adduced by the prosecution cannot be16
used against the accused unless the probative value of the17
evidence outweighs the danger of unfair prejudice to the18
accused.19
(3) This section does not apply to tendency evidence that the20
prosecution adduces to explain or contradict tendency evidence21
adduced by the accused.22
(4) This section does not apply to coincidence evidence that the23
prosecution adduces to explain or contradict coincidence24
evidence adduced by the accused.25
Compare:26
Evidence Act 1995 (New South Wales) s. 10127
Evidence Bill 2025
Admissibility of evidence Part 3
Credibility Division 7
s. 119
page 91
Division 7 — Credibility1
Subdivision 1 — Preliminary2
119. Term used: credibility evidence3
In this Division —4
credibility evidence, in relation to a witness or other person,5
means evidence relevant to the credibility of the witness or6
person that —7
(a) is relevant only because it affects the assessment of the8
credibility of the witness or person; or9
(b) is relevant —10
(i) because it affects the assessment of the11
credibility of the witness or person; and12
(ii) for some other purpose for which it is not13
admissible, or cannot be used, because of a14
provision of Divisions 2 to 6.15
Note for this section:16
This section relates to the decision of the High Court of Australia in17
Adam v The Queen (2001) 207 CLR 96.18
Compare:19
Evidence Act 1995 (Commonwealth) s. 101A20
Subdivision 2 — Credibility of witnesses21
120. Credibility rule22
Credibility evidence about a witness is not admissible.23
Compare:24
Evidence Act 1995 (Commonwealth) s. 10225
121. Exception: cross-examination as to credibility26
(1) The credibility rule does not apply to evidence adduced in27
cross-examination of a witness (including the contents of a28
document tendered in cross-examination of a witness) if the29
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 7 Credibility
s. 122
page 92
evidence could substantially affect the assessment of the1
credibility of the witness.2
(2) Without limiting the matters to which the court may have regard3
for the purposes of subsection (1), it must have regard to —4
(a) whether the evidence tends to prove that the witness5
made a false representation when —6
(i) the witness was under an obligation to tell the7
truth; and8
(ii) the witness knew, or ought to have known, that9
the representation was false;10
and11
(b) the period that has elapsed since the acts or events to12
which the evidence relates were done or occurred.13
Compare:14
Evidence Act 1995 (Commonwealth) s. 10315
122. Further protections: cross-examination of accused16
(1) This section applies only to credibility evidence in a criminal17
proceeding and applies in addition to section 121.18
(2) An accused must not be cross-examined about a matter that is19
relevant to the assessment of the accused’s credibility unless the20
court gives leave.21
(3) Despite subsection (2), leave is not required for22
cross-examination by the prosecutor about whether the23
accused —24
(a) is biased or has a motive to be untruthful; or25
(b) is, or was, unable to be aware of or recall matters to26
which the accused’s evidence relates; or27
(c) has made a prior inconsistent statement.28
Evidence Bill 2025
Admissibility of evidence Part 3
Credibility Division 7
s. 123
page 93
(4) Leave must not be given for cross-examination by the1
prosecutor under subsection (2) unless evidence adduced by the2
accused has been admitted that —3
(a) tends to prove that a witness called by the prosecutor has4
a tendency to be untruthful; and5
(b) is relevant solely or mainly to the witness’s credibility.6
(5) A reference in subsection (4) to evidence does not include a7
reference to evidence of conduct in relation to —8
(a) the events the subject of the prosecution; or9
(b) the investigation of the offence for which the accused is10
being prosecuted.11
(6) Leave must not be given for cross-examination by a co-accused12
under subsection (2) unless —13
(a) the evidence that the accused to be cross-examined has14
given includes evidence adverse to the accused seeking15
leave to cross-examine; and16
(b) that evidence has been admitted.17
Compare:18
Evidence Act 1995 (Commonwealth) s. 10419
123. Exception: rebutting denials by other evidence20
(1) The credibility rule does not apply to evidence that is relevant to21
a witness’s credibility and that is adduced otherwise than from22
the witness if —23
(a) the substance of the evidence was put to the witness in24
cross-examination of the witness and the witness denied,25
or did not admit or agree to, the substance of the26
evidence; and27
(b) the court gives leave to adduce the evidence.28
(2) Leave under subsection (1)(b) is not required if the evidence29
tends to prove that the witness —30
(a) is biased or has a motive for being untruthful; or31
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 7 Credibility
s. 124
page 94
(b) has been convicted of an offence, including an offence1
against the law of a foreign country; or2
(c) has made a prior inconsistent statement; or3
(d) is, or was, unable to be aware of matters to which the4
witness’s evidence relates; or5
(e) has made a false representation while under an6
obligation, imposed by or under an Australian law or a7
law of a foreign country, to tell the truth and the witness8
knew, or ought to have known, that the representation9
was false.10
Compare:11
Evidence Act 1995 (Commonwealth) s. 10612
124. Exception: re-establishing credibility13
(1) The credibility rule does not apply to evidence adduced in14
re-examination of a witness.15
(2) The credibility rule does not apply to evidence of a prior16
consistent statement of a witness if —17
(a) evidence of a prior inconsistent statement of the witness18
has been admitted; or19
(b) it is or will be suggested (either expressly or by20
implication) that evidence given by the witness has been21
fabricated or reconstructed (whether deliberately or22
otherwise) or is the result of a suggestion.23
(3) Subsection (2) applies only if the court gives leave to adduce the24
evidence of the prior consistent statement.25
Compare:26
Evidence Act 1995 (Commonwealth) s. 10827
Evidence Bill 2025
Admissibility of evidence Part 3
Credibility Division 7
s. 125
page 95
Subdivision 3 — Credibility of persons who are not witnesses1
125. Admissibility of evidence of credibility of person who has2
made previous representation3
(1) Credibility evidence about a person who made a representation4
and who has not been called, and will not be called, to give5
evidence in the proceeding is not admissible unless —6
(a) evidence of the representation has been admitted in the7
proceeding; and8
(b) the credibility evidence could substantially affect the9
assessment of the person’s credibility.10
(2) Without limiting the matters to which the court may have regard11
for the purposes of subsection (1), it must have regard to —12
(a) whether the evidence tends to prove that the person who13
made the representation —14
(i) made a false representation when the person was15
under an obligation to tell the truth; and16
(ii) knew, or ought to have known, that the17
representation was false;18
and19
(b) the period that elapsed between the doing of the acts or20
the occurrence of the events to which the representation21
related and the making of the representation.22
Compare:23
Evidence Act 1995 (Commonwealth) s. 108A24
126. Further protections: previous representations of accused25
who is not witness26
(1) This section applies only to a criminal proceeding and applies in27
addition to section 125.28
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 7 Credibility
s. 126
page 96
(2) If the person referred to in section 125 is an accused, the1
credibility evidence is not admissible unless the court gives2
leave.3
(3) Despite subsection (2), leave is not required if the evidence is4
about whether the accused —5
(a) is biased or has a motive to be untruthful; or6
(b) is, or was, unable to be aware of or recall matters to7
which the accused’s previous representation relates; or8
(c) has made a prior inconsistent statement.9
(4) The prosecution must not be given leave under subsection (2)10
unless evidence adduced by the accused has been admitted11
that —12
(a) tends to prove that a witness called by the prosecution13
has a tendency to be untruthful; and14
(b) is relevant solely or mainly to the witness’s credibility.15
(5) A reference in subsection (4) to evidence does not include a16
reference to evidence of conduct in relation to —17
(a) the events the subject of the prosecution; or18
(b) the investigation of the offence for which the accused is19
being prosecuted.20
(6) A co-accused must not be given leave under subsection (2)21
unless the previous representation of the accused that has been22
admitted includes evidence adverse to the co-accused.23
Compare:24
Evidence Act 1995 (Commonwealth) s. 108B25
Evidence Bill 2025
Admissibility of evidence Part 3
Credibility Division 7
s. 127
page 97
Subdivision 4 — Persons with specialised knowledge1
127. Exception: evidence of persons with specialised knowledge2
(1) The credibility rule does not apply to evidence given by a3
person concerning the credibility of another witness if —4
(a) the person has specialised knowledge based on the5
person’s training, study or experience; and6
(b) the evidence is evidence of an opinion of the person7
that —8
(i) is wholly or substantially based on that9
knowledge; and10
(ii) could substantially affect the assessment of the11
credibility of a witness;12
and13
(c) the court gives leave to adduce the evidence.14
(2) Without limiting subsection (1) —15
(a) a reference in that subsection to specialised knowledge16
includes a reference to specialised knowledge of child17
development and child behaviour (including specialised18
knowledge of the impact of sexual abuse on children19
and their behaviour during and following the abuse); and20
(b) a reference in that subsection to an opinion of a person21
includes, if the person has specialised knowledge of the22
kind referred to in paragraph (a), a reference to an23
opinion relating to either or both of the following —24
(i) the development and behaviour of children25
generally;26
(ii) the development and behaviour of children who27
have been victims of sexual abuse.28
Compare:29
Evidence Act 1995 (Commonwealth) s. 108C30
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 8 Character
s. 128
page 98
Division 8 — Character1
128. Application of Division2
This Division applies only in a criminal proceeding.3
Compare:4
Evidence Act 1995 (Commonwealth) s. 1095
129. Evidence about character of accused6
(1) The hearsay rule, the opinion rule, the tendency rule and the7
credibility rule do not apply to evidence adduced by an accused8
to prove (directly or by implication) that the accused is, either9
generally or in a particular respect, a person of good character.10
(2) If evidence adduced to prove (directly or by implication) that an11
accused is generally a person of good character has been12
admitted, the hearsay rule, the opinion rule, the tendency rule13
and the credibility rule do not apply to evidence adduced to14
prove (directly or by implication) that the accused is not15
generally a person of good character.16
(3) If evidence adduced to prove (directly or by implication) that an17
accused is a person of good character in a particular respect has18
been admitted, the hearsay rule, the opinion rule, the tendency19
rule and the credibility rule do not apply to evidence adduced to20
prove (directly or by implication) that the accused is not a21
person of good character in that respect.22
Compare:23
Evidence Act 1995 (Commonwealth) s. 11024
130. Evidence about character of co-accused25
(1) The hearsay rule and the tendency rule do not apply to evidence26
of an accused’s character if —27
(a) the evidence is evidence of an opinion about the accused28
adduced by a co-accused; and29