Evidence Bill 2025
Part 6 Special arrangements for taking evidence
Division 1 Use of video links and audio links by courts and recognised
courts
s. 207
page 166
Part 6 — Special arrangements for taking evidence1
Division 1 — Use of video links and audio links by courts and2
recognised courts3
207. Terms used4
In this Division —5
corresponding legislation means any provisions of an Act of6
another State or a Territory that substantially correspond with7
this Division;8
participating jurisdiction means —9
(a) another State or a Territory in which corresponding10
legislation is in force; or11
(b) any jurisdiction outside the State prescribed by the12
regulations for the purposes of this definition to be a13
participating jurisdiction;14
recognised court means a court or tribunal of a participating15
jurisdiction —16
(a) that is authorised by corresponding legislation to direct17
that evidence be taken or a submission be made by video18
link or audio link from this State; or19
(b) that is prescribed by the regulations for the purposes of20
this definition to be a recognised court.21
Compare:22
Evidence Act 1906 s. 12023
208. Court may take evidence by video link or audio link24
(1) A court may, by order, direct that evidence be taken or a25
submission be received by video link or audio link from a26
person at a place, whether in or outside this State, that is outside27
the courtroom or other place where the court is sitting.28
Evidence Bill 2025
Special arrangements for taking evidence Part 6
Use of video links and audio links by courts and recognised
courts
Division 1
s. 209
page 167
(2) The order may be made —1
(a) on the application of a party to the proceeding; or2
(b) on the court’s own initiative.3
(3) The court must not make the order unless satisfied that the video4
link or audio link is available or can reasonably be made5
available.6
(4) The court must not make the order if satisfied that the direction7
is not in the interests of justice.8
(5) For the purposes of taking evidence or receiving a submission9
by video link or audio link from a place in this State in10
accordance with the direction, the place is taken to be part of the11
court.12
(6) For the purposes of taking evidence or receiving a submission13
by video link or audio link from a place in a participating14
jurisdiction, the court may exercise in that place any of its15
powers that the court is permitted, under the law of the16
jurisdiction, to exercise in that place.17
(7) This section extends to a proceeding before a WA tribunal.18
Compare:19
Evidence Act 1906 s. 12120
209. Counsel entitled to practise21
(1) A person who is entitled to practise as the equivalent of legal22
counsel in a participating jurisdiction is entitled to practise as a23
legal practitioner in relation to —24
(a) the examination, cross-examination or re-examination of25
a witness in the participating jurisdiction whose26
evidence is being given by video link or audio link27
before a court; and28
(b) the making of a submission by video link or audio link29
from the participating jurisdiction in a proceeding before30
a court.31
Evidence Bill 2025
Part 6 Special arrangements for taking evidence
Division 1 Use of video links and audio links by courts and recognised
courts
s. 210
page 168
(2) This section extends to a proceeding before a WA tribunal.1
Compare:2
Evidence Act 1906 s. 1223
210. Recognised court may take evidence or receive submission4
in this State5
(1) A recognised court may, for the purposes of a proceeding before6
it, take evidence or receive a submission by video link or audio7
link from a person in this State.8
(2) For the purposes of the proceeding the recognised court may9
exercise in this State any of its powers in relation to the taking10
of evidence or the receipt of a submission except its powers —11
(a) to punish for contempt; and12
(b) to enforce or execute its orders or process.13
(3) The laws of the participating jurisdiction (including rules of14
court) that apply to the proceeding in that jurisdiction also15
apply, by force of this subsection, to the practice and procedure16
of the recognised court in taking evidence or receiving a17
submission by video link or audio link from a person in this18
State.19
(4) For the purposes of the court exercising its powers under20
subsection (2), the place in this State where the evidence is21
given or the submission is made is taken to be part of the court.22
(5) Without limiting subsection (2), the recognised court may, by23
order —24
(a) direct that the proceeding, or a part of the proceeding, be25
conducted in private; or26
(b) require a person to leave a place in this State where the27
giving of evidence or the making of a submission is28
taking place or is going to take place; or29
Evidence Bill 2025
Special arrangements for taking evidence Part 6
Use of video links and audio links by courts and recognised
courts
Division 1
s. 211
page 169
(c) prohibit or restrict the publication of evidence given in1
the proceeding or of the name of a party to, or a witness2
in, the proceeding.3
(6) An order made by a recognised court under subsection (5) may4
be enforced by the Supreme Court as if it were an order of the5
Supreme Court.6
(7) Without limiting subsection (6), a person who contravenes the7
order —8
(a) is taken to be in contempt of the Supreme Court; and9
(b) is punishable accordingly.10
(8) Subsection (7) does not apply if the person establishes that the11
contravention should be excused.12
Compare:13
Evidence Act 1906 s. 123, 124, 125 and 12614
211. Privileges, protection and immunity of participants in15
proceeding in recognised court16
(1) A judge in a proceeding before a recognised court has, in17
connection with evidence being taken or a submission being18
received by video link or audio link from a person in this State,19
the same privileges, protection and immunity as a judge of the20
Supreme Court.21
(2) A person appearing as legal counsel in a proceeding before a22
recognised court (including a person entitled to practise under23
section 209(1)) has, in connection with evidence being taken or24
a submission being received by video link or audio link from a25
person in this State, the same protection and immunity as a legal26
practitioner has in appearing for a party in a proceeding in the27
Supreme Court.28
(3) A person appearing as a witness in a proceeding before a29
recognised court by video link or audio link from this State has30
Evidence Bill 2025
Part 6 Special arrangements for taking evidence
Division 1 Use of video links and audio links by courts and recognised
courts
s. 212
page 170
the same protection as a witness in a proceeding in the Supreme1
Court.2
Compare:3
Evidence Act 1906 s. 1274
212. Recognised court may administer oath in this State5
(1) A recognised court may, for the purpose of obtaining by video6
link or audio link the testimony of a person in this State in a7
proceeding, administer an oath or affirmation in accordance8
with the practice and procedure of the recognised court.9
(2) Evidence given by a person on oath or affirmation is, for the10
purposes of The Criminal Code, testimony given in a judicial11
proceeding.12
Compare:13
Evidence Act 1906 s. 12814
213. Assistance to recognised court15
An officer of a court or WA tribunal may, at the request of a16
recognised court —17
(a) attend at the place in the State where evidence is to be or18
is being given, or submissions are to be or are being19
made, in a proceeding before the recognised court; and20
(b) take action as the recognised court directs to facilitate21
the proceeding; and22
(c) assist with the administering by the recognised court of23
an oath or affirmation.24
Compare:25
Evidence Act 1906 s. 12926
Evidence Bill 2025
Special arrangements for taking evidence Part 6
Use of video links and audio links by courts and recognised
courts
Division 1
s. 214
page 171
214. Contempt of recognised court1
(1) A person must not, while evidence is being given or a2
submission is being made in this State by video link or audio3
link in a proceeding before a recognised court —4
(a) threaten, intimidate or insult any of the following —5
(i) a judge in the proceeding;6
(ii) a master, registrar, deputy registrar or other7
officer of that court who is taking part in or8
assisting in the proceeding;9
(iii) a person appearing in the proceeding as legal10
counsel (including a person entitled to practise11
under section 209(1));12
(iv) a witness in the proceeding;13
(v) a juror in the proceeding;14
or15
(b) interrupt or obstruct the proceeding; or16
(c) without lawful excuse disobey an order or direction of17
the court.18
(2) A person who contravenes subsection (1) —19
(a) is taken to be in contempt of the Supreme Court; and20
(b) is punishable accordingly.21
Compare:22
Evidence Act 1906 s. 13023
215. Operation of other laws24
(1) This Division does not affect the operation of any other law of25
the State that makes provision for the taking of evidence or the26
making of a submission —27
(a) in the State for the purpose of a proceeding in the State;28
or29
Evidence Bill 2025
Part 6 Special arrangements for taking evidence
Division 2 Examination of witnesses outside the State
s. 216
page 172
(b) outside the State for the purpose of a proceeding in the1
State; or2
(c) in the State for the purpose of a proceeding outside the3
State.4
(2) This Division does not affect the operation of Part 7.5
Compare:6
Evidence Act 1906 s. 1327
Division 2 — Examination of witnesses outside the State8
216. Terms used9
(1) In this Division —10
examination includes any proceeding for the taking of evidence11
of a person conducted by a judicial authority of a foreign12
country in relation to a request issued as a result of an order13
made by a court under this Act;14
extra-territorial examination order has the meaning given in15
section 217(1);16
inferior court means a court, except when exercising federal17
jurisdiction, not being a superior court;18
judicial authority, in relation to a place outside the State, means19
a court or person prescribed by the regulations for the purposes20
of this definition as an appropriate judicial authority for that21
place.22
(2) A reference in this Division to a place outside the State is a23
reference to a place outside the State whether within or outside24
Australia.25
Compare:26
Evidence Act 1906 s. 10927
Evidence Bill 2025
Special arrangements for taking evidence Part 6
Examination of witnesses outside the State Division 2
s. 217
page 173
217. Court may make extra-territorial examination order1
(1) A court may make any of the following orders (each an2
extra-territorial examination order) in relation to any person3
outside the State —4
(a) an order for the examination of the person on oath or5
affirmation at any place outside the State before a judge6
of the court, an officer of the court or any other person7
the court appoints;8
(b) an order for the issue of a commission for the9
examination of the person on oath or affirmation at any10
place outside the State;11
(c) an order for the issue of a request to a judicial authority12
of a place outside the State to take, or to cause to be13
taken, the evidence of the person.14
(2) An extra-territorial examination order may be made —15
(a) only by a superior court; and16
(b) only if it appears to the court that it is in the interests of17
justice to do so.18
(3) A superior court may make an extra-territorial examination19
order for the purpose of any proceeding before the superior20
court, on application by a party to the proceeding.21
(4) The Supreme Court may also make an extra-territorial22
examination order for the purpose of any proceeding before an23
inferior court, on application by a party to the proceeding.24
(5) In determining whether it is in the interests of justice to make an25
extra-territorial examination order, the matters to which the26
court must have regard include the following —27
(a) whether the person is willing or able to come to the28
State to give evidence in the proceeding;29
(b) whether the person will be able to give evidence30
material to any fact in issue in the proceeding;31
Evidence Bill 2025
Part 6 Special arrangements for taking evidence
Division 2 Examination of witnesses outside the State
s. 218
page 174
(c) whether, having regard to the interests of the parties to1
the proceeding, justice will be better served by granting2
or refusing the order.3
(6) If a court makes an extra-territorial examination order of the4
kind referred to in subsection (1)(a) or (b), the court may, at the5
time of the making of the order or at a subsequent time, give6
directions relating to the procedure to be followed in and in7
relation to the examination, including directions as to the time,8
place and manner of the examination, and to any other matter9
that the court thinks relevant.10
(7) If a court makes an extra-territorial examination order of the11
kind referred to in subsection (1)(c), the court may include in12
the order a request as to any matter relating to the taking of13
evidence from the person concerned, including any of the14
following matters —15
(a) the examination, cross-examination or re-examination of16
the person, whether the evidence of the person is given17
orally, on affidavit or otherwise;18
(b) the attendance of the legal counsel of each party to the19
proceeding and the participation of those persons in the20
examination in appropriate circumstances;21
(c) any matter prescribed by the regulations for the purposes22
of this paragraph.23
Compare:24
Evidence Act 1906 s. 110 and 11125
218. Admission of evidence taken under extra-territorial26
examination order27
(1) A court may permit a party to tender the following evidence in a28
proceeding —29
(a) evidence of a person taken in an examination held as a30
result of an extra-territorial examination order that was31
made for the purpose of that proceeding;32
Evidence Bill 2025
Special arrangements for taking evidence Part 6
Examination of witnesses outside the State Division 2
s. 218
page 175
(b) a record of the evidence referred to in paragraph (a).1
(2) However, evidence of a person must not be admitted under this2
section if —3
(a) at the hearing of the proceeding the court is satisfied that4
the person is in the State and is able to attend the5
hearing; or6
(b) the evidence would not have been admissible had it been7
given or produced at the hearing of the proceeding.8
(3) The court may exclude from the proceeding evidence taken in9
an examination held as a result of an extra-territorial10
examination order, even though it is otherwise admissible, if it11
is in the interests of justice to do so.12
(4) If evidence is admitted under this section, the hearsay rule does13
not apply to evidence of a previous representation taken in an14
examination, but only if the evidence would have been15
admissible had it been given or produced at the hearing of the16
proceeding.17
(5) This section extends to the following evidence —18
(a) a document produced at an examination;19
(b) answers made, whether in writing, or orally and reduced20
to writing, to any written interrogatories presented at an21
examination.22
(6) This section does not affect the functions of the court under23
Part 5.24
Compare:25
Evidence Act 1906 s. 110, 111 and 11226
Evidence Bill 2025
Part 6 Special arrangements for taking evidence
Division 3 Assistance to other Australian courts and foreign courts
s. 219
page 176
219. Operation of other laws1
This Division does not affect the operation of any other law of2
the State that makes provision for the examination of witnesses3
outside the State for the purpose of a proceeding in the State.4
Compare:5
Evidence Act 1906 s. 1136
220. Regulations and rules of court7
(1) The regulations may make further provision for extra-territorial8
examination orders and, in particular, for the practice and9
procedure of a superior court in a proceeding for the making of10
an extra-territorial examination order.11
(2) The power of a person or body to make rules of court extends to12
making rules, not inconsistent with this Act or the regulations,13
regulating the practice and procedure of a superior court in a14
proceeding for the making of an extra-territorial examination15
order.16
Compare:17
Evidence Act 1906 s. 11418
Division 3 — Assistance to other Australian courts and foreign19
courts20
221. Terms used21
(1) In this Division —22
assistance application has the meaning given in section 222(1);23
assistance order has the meaning given in section 223(1);24
requesting court means a court or tribunal that issues a request25
or on behalf of which a request is issued, as referred to in26
section 223(1)(a).27
(2) A reference in this Division to a proceeding before a court or28
tribunal includes a reference to a proceeding the institution of29
which before a court or tribunal is contemplated.30