Evidence Bill 2025
Admissibility of evidence Part 3
Identification evidence Division 9
s. 131
page 99
(b) the person whose opinion it is has specialised1
knowledge based on the person’s training, study or2
experience; and3
(c) the opinion is wholly or substantially based on that4
knowledge.5
(2) If the evidence has been admitted, the hearsay rule, the opinion6
rule and the tendency rule do not apply to evidence adduced to7
prove that the admitted evidence should not be accepted.8
Compare:9
Evidence Act 1995 (Commonwealth) s. 11110
131. Leave required to cross-examine about character of accused11
An accused must not be cross-examined about matters arising12
out of evidence of a kind referred to in this Division unless the13
court gives leave.14
Compare:15
Evidence Act 1995 (Commonwealth) s. 11216
Division 9 — Identification evidence17
132. Application of Division18
This Division applies only in a criminal proceeding.19
Compare:20
Evidence Act 1995 (Commonwealth) s. 11321
133. Terms used22
In this Division —23
identification evidence means evidence that is an assertion, or a24
report (whether oral or in writing) of an assertion, made by a25
person, being an assertion —26
(a) to the effect that an accused was, or resembles (visually,27
aurally or otherwise), a person who —28
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 9 Identification evidence
s. 134
page 100
(i) was present at or near a place where the offence1
for which the accused is being prosecuted was2
committed at or about the time at which the3
offence was committed; or4
(ii) was present at or near a place where an act5
connected to that offence was done at or about6
the time at which the act was done;7
and8
(b) that is based wholly or partly on what the person making9
the assertion saw, heard or otherwise perceived at that10
place and time;11
identification record means an image or any other document12
that includes, or could be used to produce, images or sounds that13
could be used to identify a person;14
police-assisted identification evidence means identification15
evidence relating to an identification made wholly or partly by a16
person who made the identification using identification records17
provided by police.18
Compare:19
Evidence Act 1995 (Commonwealth) s. 115 and Dictionary Part 120
134. Exclusion of certain police-assisted identification evidence21
(1) Police-assisted identification evidence adduced by the22
prosecutor is not admissible if the identification records used23
suggest that they are identification records of persons in24
custody.25
(2) If police-assisted identification evidence adduced by the26
prosecutor is admitted into evidence, the judge must give the27
following direction to the jury —28
(a) if the identification record of the accused was made after29
the accused was taken into custody — a direction30
informing the jury that the identification record was31
made after the accused was taken into that custody;32
Evidence Bill 2025
Admissibility of evidence Part 3
Identification evidence Division 9
s. 135
page 101
(b) otherwise — a direction warning the jury that they must1
not assume that the accused has a criminal record or has2
previously been charged with an offence solely because3
the identification was made using identification records4
provided by police.5
(3) The judge must give a direction under subsection (2) unless6
satisfied that there is good reason for not giving that direction.7
(4) The judge must state the reason for refusing to give a direction8
under subsection (2) if the direction is requested by the accused.9
(5) This section does not render inadmissible police-assisted10
identification evidence adduced by the prosecutor that11
contradicts or qualifies police-assisted identification evidence12
adduced by the accused.13
Compare:14
Evidence Act 1995 (Commonwealth) s. 11515
135. Directions to jury16
(1) If identification evidence has been admitted, the judge must17
inform the jury —18
(a) that there is a special need for caution before accepting19
identification evidence; and20
(b) of the reasons for that need for caution, both generally21
and in the circumstances of the case.22
(2) It is not necessary that a particular form of words be used in23
informing the jury.24
Compare:25
Evidence Act 1995 (Commonwealth) s. 11626
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 10 Evidence of family violence
s. 136
page 102
Division 10 — Evidence of family violence1
Subdivision 1 — Preliminary2
136. Terms used3
In this Division —4
family member has the meaning given in the Restraining5
Orders Act 1997 section 4(3);6
help-seeking behaviour —7
(a) means any action undertaken by a victim of family8
violence to address, or attempt to address, any aspect of9
the family violence; and10
(b) includes reporting the family violence to the police,11
obtaining a restraining order, finding accommodation in12
a refuge, separating from an abusive person, or seeking13
counselling or external support;14
safety option, in relation to an accused who is (or may be) a15
victim of family violence, means an act that may have stopped16
the violence, other than an act that constitutes (or allegedly17
constitutes) an offence with which the accused is charged.18
Compare:19
Evidence Act 1906 s. 3720
137. What may constitute evidence of family violence21
(1) For the purposes of this Division, evidence of family violence,22
in relation to a person, includes (but is not limited to) evidence23
of any of the following —24
(a) the history of the relationship between the person and a25
family member, including violence by the family26
member towards the person, or by the person towards27
the family member, or by the family member of the28
person in relation to any other family member;29
Evidence Bill 2025
Admissibility of evidence Part 3
Evidence of family violence Division 10
s. 137
page 103
(b) the cumulative effect of family violence, including the1
psychological effect, on the person or a family member2
affected by that violence;3
(c) social, cultural or economic factors that impact on the4
person or a family member who has been affected by5
family violence;6
(d) responses by family, community or agencies to family7
violence, including further violence that may be used by8
a family member to prevent, or in retaliation to,9
help-seeking behaviour or use of safety options by the10
person;11
(e) ways in which social, cultural, economic or personal12
factors have affected any help-seeking behaviour13
undertaken by the person, or the safety options14
realistically available to the person, in response to15
family violence;16
(f) ways in which violence by the family member towards17
the person, or the lack of safety options, were18
exacerbated by inequities experienced by the person,19
including inequities associated with (but not limited to)20
race, poverty, sex, gender, disability or age;21
(g) the general nature and dynamics of relationships22
affected by family violence, including the possible23
consequences of separation from a person who commits24
family violence;25
(h) the psychological effect of family violence on people26
who are or have been in a relationship affected by27
family violence;28
(i) social or economic factors that impact on people who29
are or have been in a relationship affected by family30
violence.31
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 10 Evidence of family violence
s. 138
page 104
(2) Subsection (1) does not affect the operation of the Restraining1
Orders Act 1997 section 5A(2).2
Compare:3
Evidence Act 1906 s. 384
Subdivision 2 — Admissibility of evidence of family violence5
138. Expert evidence of family violence6
(1) In this section —7
expert, on the subject of family violence, means a person who8
has specialised knowledge, based on training, study or9
experience, on the subject of family violence (including any10
matter that may constitute evidence of family violence).11
(2) This section applies to any proceeding in which evidence of12
family violence is relevant to a fact in issue.13
(3) The evidence of an expert on the subject of family violence is14
admissible in relation to any matter that may constitute evidence15
of family violence.16
(4) Evidence given by the expert may include —17
(a) evidence about the nature and effects of family violence18
on any person; and19
(b) evidence about the effect of family violence on a20
particular person who has been the subject of family21
violence.22
(5) This section does not affect the operation of section 94 or 127.23
Compare:24
Evidence Act 1906 s. 3925
Evidence Bill 2025
Admissibility of evidence Part 3
Evidence of family violence Division 10
s. 139
page 105
139. Evidence of family violence: general provision1
Evidence of family violence is admissible if family violence is2
relevant to a fact in issue.3
Compare:4
Evidence Act 1906 s. 39A5
140. Evidence of family violence: self-defence6
Without limiting any other evidence that may be adduced, in a7
criminal proceeding in which self-defence in response to family8
violence is an issue, evidence of family violence may be9
relevant to determining whether —10
(a) a person has a belief that an act was necessary to defend11
the person or another person from a harmful act,12
including a harmful act that was not imminent; or13
(b) a person’s act was a reasonable response by the person14
in the circumstances as the person believed them to be;15
or16
(c) there are reasonable grounds for a particular belief held17
by a person.18
Compare:19
Evidence Act 1906 s. 39B20
Subdivision 3 — Directions relating to family violence in criminal21
proceedings22
141. Request for direction on family violence: self-defence23
(1) In a criminal proceeding before a jury in which self-defence in24
response to family violence is an issue, the legal counsel acting25
for the accused (or, if the accused is unrepresented, the accused)26
may request at any time that the judge direct the jury on family27
violence in accordance with —28
(a) section 143; and29
(b) all or specified parts of section 144.30
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 10 Evidence of family violence
s. 142
page 106
(2) The judge must give a requested direction on family violence,1
including all or specified parts of section 144 if requested,2
unless satisfied there is good reason for not doing so.3
(3) If a direction on family violence is not requested, the judge may4
give the direction if the judge considers that it is in the interests5
of justice to do so.6
(4) The judge —7
(a) must give the direction as soon as practicable after the8
request is made; and9
(b) may give the direction before any evidence is adduced10
in the proceeding.11
(5) The judge may repeat a direction at any time during the12
proceeding.13
Compare:14
Evidence Act 1906 s. 39C15
142. Request for direction on family violence: general16
(1) In a criminal proceeding before a jury in which family violence17
is an issue, the prosecutor or the legal counsel acting for the18
accused (or, if the accused is unrepresented, the accused) may19
request at any time that the judge direct the jury on family20
violence in accordance with all or specified parts of section 144.21
(2) The judge must give a requested direction on family violence,22
including all or specified parts of section 144 if requested,23
unless satisfied there is good reason for not doing so.24
(3) If a direction on family violence is not requested, the judge may25
give the direction if the judge considers that it is in the interests26
of justice to do so.27
(4) The judge —28
(a) must give the direction as soon as practicable after the29
request is made; and30
Evidence Bill 2025
Admissibility of evidence Part 3
Evidence of family violence Division 10
s. 143
page 107
(b) may give the direction before any evidence is adduced1
in the proceeding.2
(5) The judge may repeat a direction at any time during the3
proceeding.4
Compare:5
Evidence Act 1906 s. 39D6
143. Content of direction on family violence: self-defence7
In a direction under section 141, the judge must inform the jury8
that —9
(a) self-defence is, or is likely to be, an issue in the trial;10
and11
(b) as a matter of law, evidence of family violence may be12
relevant to determining whether the accused acted in13
self-defence; and14
(c) evidence in the trial is likely to include evidence of15
family violence committed by the victim against the16
accused or another person whom the accused was17
defending.18
Compare:19
Evidence Act 1906 s. 39E20
144. Content of direction on family violence: general21
(1) In a direction under section 141 or 142, the judge may inform22
the jury of all or any of the following matters —23
(a) that family violence —24
(i) is not limited to physical abuse and may, for25
example, include sexual abuse, psychological26
abuse or financial abuse; and27
(ii) may amount to violence against a person even28
though it is immediately directed at another29
person; and30
(iii) may consist of a single act; and31
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 10 Evidence of family violence
s. 144
page 108
(iv) may consist of separate acts that form part of a1
pattern of behaviour that can amount to abuse2
even though some or all of those acts may, when3
viewed in isolation, appear to be minor or trivial;4
(b) if relevant, that experience shows that —5
(i) people may react differently to family violence6
and there is no typical, proper or normal7
response to family violence; and8
(ii) it is not uncommon for a person who has been9
subjected to family violence to stay with an10
abusive partner after the onset of family11
violence, or to leave and then return to the12
partner; and13
(iii) it is not uncommon for a person who has been14
subjected to family violence not to report family15
violence to police or seek assistance to stop16
family violence; and17
(iv) decisions made by a person subjected to family18
violence about how to address, respond to or19
avoid family violence may be influenced by a20
variety of factors; and21
(v) it is not uncommon for a decision to leave an22
abusive partner, or to seek assistance, to increase23
apprehension about, or the actual risk of, harm;24
(c) in the case of self-defence, that, as a matter of law,25
evidence that the accused assaulted the victim on a26
previous occasion does not mean that the accused could27
not have been acting in self-defence in relation to the28
offence charged.29
(2) The judge may also indicate that behaviour, or patterns of30
behaviour, that may constitute family violence may include (but31
are not limited to) the following —32
(a) placing or keeping a person in a dependent or33
subordinate relationship;34
Evidence Bill 2025
Admissibility of evidence Part 3
Evidence of family violence Division 10
s. 144
page 109
(b) isolating a person from family, friends or other sources1
of support;2
(c) controlling, regulating or monitoring a person’s3
day-to-day activities;4
(d) depriving or restricting a person’s freedom of movement5
or action;6
(e) restricting a person’s ability to resist violence;7
(f) frightening, humiliating, degrading or punishing a8
person, including punishing a person for resisting9
violence;10
(g) compelling a person to engage in unlawful or harmful11
conduct.12
(3) If the judge makes a direction that relates to13
subsection (1)(b)(iv), the judge may also indicate that decisions14
made by a person subjected to family violence about how to15
address, respond to or avoid family violence may be influenced16
by matters such as the following —17
(a) the family violence itself;18
(b) social, cultural, economic or personal factors or19
inequities experienced by the person, including20
inequities associated with (but not limited to) race,21
poverty, sex, gender, disability or age;22
(c) responses by family, community or agencies to the23
family violence or to any help-seeking behaviour or use24
of safety options by the person;25
(d) the provision of, or failure in the provision of, safety26
options that might realistically have provided ongoing27
safety to the person, and the person’s perceptions of how28
effective those safety options might have been to29
prevent further harm;30
(e) further violence, or the threat of further violence, used31
by a family member to prevent, or in retaliation to, any32
Evidence Bill 2025
Part 3 Admissibility of evidence
Division 10 Evidence of family violence
s. 145
page 110
help-seeking behaviour or use of safety options by the1
person.2
Compare:3
Evidence Act 1906 s. 39F4
145. Application to criminal proceeding without jury5
In a criminal proceeding in which there is no jury, the court’s6
reasoning with respect to any matter for which a direction on7
family violence makes provision must, to the extent that the8
court thinks fit, be consistent with how a jury would have been9
directed in the particular case.10
Compare:11
Evidence Act 1906 s. 39G12
146. Other directions may be given13
This Subdivision does not affect any other power of a judge to14
give a warning to, or to inform, the jury, including in relation to15
evidence given by an expert witness.16
Note for this section:17
Part 8 Division 3 contains further provisions about warnings and18
information that must or may be given to a jury.19
Compare:20
Evidence Act 1906 s. 39C(6) and 39D(6)21
Subdivision 4 — Application to civil proceedings22
147. Court may take into account family violence direction23
matters24
(1) In this section —25
family violence direction matter means a matter mentioned in26
section 144 that may be included in a direction on family27
violence in a criminal proceeding in which family violence is an28
issue.29