Evidence Bill 2025
Proof Part 8
Warnings and information Division 3
s. 320
page 245
(b) direct that the jury must take the forensic disadvantage1
into account when scrutinising the evidence.2
(3) The judge need not comply with subsection (2) if satisfied there3
is good reason for not complying.4
(4) The mere fact of a delay is not sufficient to establish a5
significant forensic disadvantage.6
(5) An explanation or direction under subsection (2) —7
(a) must be specific to the circumstances of the particular8
case; and9
(b) must explain to the jury that the forensic disadvantage10
suffered by the accused was not merely due to the delay;11
and12
(c) must not take the form of a warning; and13
(d) must not warn the jury, or suggest to the jury, that14
because of the delay or the forensic disadvantage15
suffered by the accused —16
(i) it is dangerous or unsafe to convict; or17
(ii) evidence of a complainant should be scrutinised18
with great care.19
(6) This section does not affect any other power of a judge to give a20
warning to, or to inform, the jury.21
320. Prohibited directions about delays in complaint about sexual22
and family violence offences23
(1) In any criminal proceeding before a jury for a sexual offence or24
a family violence offence, if evidence is adduced that suggests25
that a complainant delayed in making a complaint about the26
offence or failed to make a complaint about the offence, there is27
no requirement that the judge warn or direct the jury that the28
delay or failure affects the credibility of the complainant.29
Evidence Bill 2025
Part 8 Proof
Division 3 Warnings and information
s. 321
page 246
(2) A judge must not warn the jury, direct the jury or otherwise1
suggest to the jury that a delay in making a complaint or a2
failure to make a complaint about a sexual offence or a family3
violence offence affects the credibility of the complainant4
except as provided for by subsection (3).5
(3) A judge may warn or direct a jury that a delay in making a6
complaint or a failure to make a complaint affects the credibility7
of a complainant if —8
(a) the accused requests the warning or direction; and9
(b) the court is satisfied that the warning or direction is10
justified in the particular circumstances of the case.11
(4) In giving any warning or direction under subsection (3), the12
judge must not do any of the following —13
(a) warn the jury, or suggest to the jury, that it is dangerous14
or unsafe to convict because of the delay in making, or15
failure to make, a complaint;16
(b) warn the jury, or suggest to the jury, that because of the17
delay in making, or failure to make, a complaint, the18
evidence of the complainant should be scrutinised with19
great care.20
(5) This section does not affect any other power of a judge to give a21
warning to, or to inform, the jury.22
321. Required direction for delays in complaint about sexual and23
family violence offences24
(1) In a criminal proceeding before a jury for a sexual offence or a25
family violence offence, the judge must give the jury a direction26
under this section —27
(a) if the judge considers that there is likely to be evidence28
adduced in the trial that suggests that the complainant29
delayed in making a complaint or did not make a30
complaint about the offence; or31
Evidence Bill 2025
Proof Part 8
Warnings and information Division 3
s. 321
page 247
(b) if at any other time evidence is adduced in the trial or a1
comment is made to the jury that suggests that the2
complainant delayed in making a complaint or did not3
make a complaint about the offence.4
(2) If subsection (1)(a) applies, the direction must be given before5
the evidence is adduced and may be given before any evidence6
is adduced in the trial.7
(3) If subsection (1)(b) applies, the direction must be given as soon8
as practicable.9
(4) The judge must direct the jury that experience shows that —10
(a) people may react differently to sexual offences or family11
violence (as the case requires) and there is no typical,12
proper or normal response to a sexual offence or family13
violence; and14
(b) some people may complain immediately to the first15
person they see, while others may not complain for16
some time and others may never make a complaint; and17
(c) delay in making a complaint about a sexual offence or18
family violence is a common occurrence.19
(5) In the case of family violence, the judge may also include in the20
direction any matter that could be included in a direction on21
family violence under section 144(1)(b), and section 144(3)22
applies in relation to that part of the direction in the same way23
as it applies to a direction on family violence.24
(6) The judge may repeat a direction under this section at any time25
during the criminal proceeding.26
(7) This section does not affect any other power of a judge to give a27
warning to, or to inform, the jury.28
Compare:29
Evidence Act 1906 s. 36BD30
Evidence Bill 2025
Part 8 Proof
Division 4 Requests between parties relating to evidence
s. 322
page 248
Division 4 — Requests between parties relating to evidence1
322. Application of Division2
This Division applies to a civil proceeding.3
323. Term used: request4
In this Division —5
request means a request that a party (the requesting party)6
makes to another party to do 1 or more of the following —7
(a) to produce to the requesting party the whole or a part of8
a specified document or thing;9
(b) to permit the requesting party, adequately and in an10
appropriate way, to examine, test or copy the whole or a11
part of a specified document or thing;12
(c) to call as a witness a specified person believed to be13
concerned in the production or maintenance of a14
specified document or thing;15
(d) to call as a witness a specified person in whose16
possession or under whose control a specified document17
or thing is believed to be or to have been at any time;18
(e) in relation to a document of a kind referred to in19
section 6(1)(b) or (c) — to permit the requesting party,20
adequately and in an appropriate way, to examine and21
test the document and the manner in which it was22
produced and has been kept;23
(f) in relation to evidence of a previous representation — to24
call as a witness the person who made the previous25
representation;26
(g) in relation to evidence that a person has been convicted27
of an offence, being evidence that can be admitted or28
used in the proceeding under Part 3 Division 5 — to call29
as a witness a person who gave evidence in the30
Evidence Bill 2025
Proof Part 8
Requests between parties relating to evidence Division 4
s. 324
page 249
proceeding in which the person was convicted of the1
offence.2
Compare:3
Evidence Act 1995 (Commonwealth) s. 1664
324. Requests may be made about certain matters5
A party may make a reasonable request to another party for the6
purpose of determining a question that relates to any of the7
following —8
(a) a previous representation;9
(b) evidence of a conviction of a person for an offence;10
(c) the authenticity, identity or admissibility of a document11
or thing.12
Compare:13
Evidence Act 1995 (Commonwealth) s. 16714
325. Time limits for making requests15
(1) If a party has given to another party written notice of its16
intention to adduce evidence of a previous representation, the17
other party may make a request to the party relating to the18
representation only if the request is made within 21 days after19
the notice was given.20
(2) Despite subsection (1), the court may give the other party leave21
to make a request relating to the representation after the end of22
the 21-day period if it is satisfied that there is good reason to do23
so.24
(3) If a party has given to another party written notice of its25
intention to adduce evidence of a person’s conviction of an26
offence in order to prove a fact in issue, the other party may27
make a request relating to evidence of the conviction only if the28
request is made within 21 days after the notice was given.29
Evidence Bill 2025
Part 8 Proof
Division 4 Requests between parties relating to evidence
s. 326
page 250
(4) Despite subsection (3), the court may give the other party leave1
to make a request relating to evidence of the conviction after the2
end of the 21-day period if it is satisfied that there is good3
reason to do so.4
(5) If a party has served on another party a copy of a document that5
it intends to tender in evidence, the other party may make a6
request relating to the document only if the request is made7
within 21 days after service of the copy.8
(6) If the copy of the document served under subsection (5) is9
accompanied by, or has endorsed on it, a notice stating that the10
document is to be tendered to prove the contents of another11
document, the other party may make a request relating to the12
other document only if the request is made within 21 days after13
service of the copy.14
(7) Despite subsections (5) and (6), the court may give the other15
party leave to make a request relating to the document, or other16
document, after the end of the 21-day period if it is satisfied that17
there is good reason to do so.18
Compare:19
Evidence Act 1995 (Commonwealth) s. 16820
326. Failure or refusal to comply with requests21
(1) If a party has, without reasonable cause, failed or refused to22
comply with a request, the court may, on application by the23
other party, make 1 or more of the following orders —24
(a) an order directing the party to comply with the request;25
(b) an order that the party produce a specified document or26
thing, or call as a witness a specified person;27
(c) an order that the evidence in relation to which the28
request was made must not be admitted in evidence;29
(d) any order with respect to adjournment or costs as is just.30
Evidence Bill 2025
Proof Part 8
Requests between parties relating to evidence Division 4
s. 326
page 251
(2) If the party has, within a reasonable time after receiving the1
request, informed the other party that it refuses to comply with2
the request, any application under subsection (1) by the other3
party must be made within a reasonable time after being4
informed.5
(3) The court may, on application, direct that evidence in relation to6
which a request was made must not be admitted in evidence if7
an order made by it under subsection (1)(a) or (b) is not8
complied with.9
(4) Without limiting the circumstances that may constitute10
reasonable cause for a party to fail or refuse to comply with a11
request, it is reasonable cause to fail or refuse to comply with a12
request if —13
(a) the document or thing to be produced is not available to14
the party; or15
(b) the existence and contents of the document are not in16
issue in the proceeding in which evidence of the17
document is proposed to be adduced; or18
(c) the person to be called as a witness is not available.19
(5) Without limiting the matters that the court may take into20
account in relation to the exercise of a power under21
subsection (1), it must take into account —22
(a) the importance in the proceeding of the evidence in23
relation to which the request was made; and24
(b) whether there is likely to be a dispute about the matter to25
which the evidence relates; and26
(c) whether there is a reasonable doubt as to the authenticity27
or accuracy of the evidence that is, or the document the28
contents of which are, sought to be proved; and29
(d) whether there is a reasonable doubt as to the authenticity30
of the document or thing that is sought to be tendered;31
and32
Evidence Bill 2025
Part 8 Proof
Division 4 Requests between parties relating to evidence
s. 326
page 252
(e) if the request relates to evidence of a previous1
representation — whether there is a reasonable doubt as2
to the accuracy of the representation or of the evidence3
on which it was based; and4
(f) if the request relates to evidence that a person has been5
convicted of an offence and the request is to call as a6
witness a person who gave evidence in the proceeding in7
which the person was convicted — whether another8
person is available to give evidence about the conviction9
or the facts that were in issue in the proceeding in which10
the conviction was obtained; and11
(g) whether compliance with the request would involve12
undue expense or delay or would not be reasonably13
practicable; and14
(h) whether compliance with the request would involve an15
unwarranted breach of the privacy of a person or cause16
distress, humiliation or embarrassment to a person; and17
(i) the nature of the proceeding.18
Compare:19
Evidence Act 1995 (Commonwealth) s. 16920
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Matters of common knowledge Division 1
s. 327
page 253
Part 9 — Judicial notice and facilitation of proof1
Division 1 — Matters of common knowledge2
327. Judicial notice to be taken of matters of common knowledge3
(1) Proof is not required about knowledge that is not reasonably4
open to question and that is —5
(a) common knowledge in the locality in which the6
proceeding is being held or generally; or7
(b) capable of verification by reference to a document the8
authority of which cannot reasonably be questioned.9
(2) The judge may acquire knowledge of the kind referred to in10
subsection (1) in any way the judge thinks fit.11
(3) The court (including, if there is a jury, the jury) must take12
knowledge of the kind referred to in subsection (1) into account.13
(4) The judge must give a party an opportunity to make14
submissions, and to refer to relevant information, relating to the15
acquiring or taking into account of knowledge of the kind16
referred to in subsection (1) as is necessary to ensure that the17
party is not unfairly prejudiced.18
(5) This section does not exclude the application of the principles19
and rules of common law and equity relating to the effect of a20
certificate given by or on behalf of the Crown with respect to a21
matter of international affairs.22
Compare:23
Evidence Act 1995 (Commonwealth) s. 144 and 14524
Evidence Bill 2025
Part 9 Judicial notice and facilitation of proof
Division 2 Proof of laws
s. 328
page 254
Division 2 — Proof of laws1
328. Judicial notice to be taken of Australian laws2
(1) Proof is not required about the provisions and coming into3
operation (in whole or in part) of —4
(a) a Commonwealth Act, a State Act, an Act or Ordinance5
of a Territory or an Imperial Act in force in Australia; or6
(b) a regulation, rule or by-law made, or purporting to be7
made, under such an Act or Ordinance; or8
(c) a proclamation or order of the Governor-General, the9
Governor of a State or the Administrator or Executive of10
a Territory made, or purporting to be made, under such11
an Act or Ordinance; or12
(d) an instrument of a legislative character (including rules13
of court) made, or purporting to be made, under such an14
Act or Ordinance, being an instrument that is required15
by or under a law to be published, or the making of16
which is required by or under a law to be notified, in any17
government or official gazette (by whatever name18
called) or any government or official website.19
(2) A judge may inform themselves about any matter referred to in20
subsection (1) in any way that the judge thinks fit.21
(3) A reference in this section to an Act, being an Act of an22
Australian Parliament, includes a reference to a private Act23
passed by that Parliament.24
(4) This section does not exclude the application of the principles25
and rules of common law and equity relating to the effect of a26
certificate given by or on behalf of the Crown with respect to a27
matter of international affairs.28
Evidence Bill 2025
Judicial notice and facilitation of proof Part 9
Proof of laws Division 2
s. 329
page 255
(5) This section extends to a proceeding before a person acting1
judicially.2
Compare:3
Evidence Act 1995 (Commonwealth) s. 143 and 1454
329. Proof of laws of foreign countries5
(1) Evidence of a statute, proclamation, treaty or act of state of a6
foreign country may be adduced in a proceeding by7
producing —8
(a) a document, containing the statute, proclamation, treaty9
or act of state, that purports to have been printed or10
published by the government or official printer of the11
country or by authority of the government or12
administration of the country; or13
(b) a document, containing the statute, proclamation, treaty14
or act of state, that appears to the court to be a reliable15
source of information; or16
(c) a document that is or would be used in the courts of the17
country to inform the courts about, or to prove, the18
statute, proclamation, treaty or act of state; or19
(d) a copy of the statute, proclamation, treaty or act of state20
that is proved to be an examined copy.21
(2) A reference in this section to a statute of a foreign country22
includes a reference to the following —23
(a) a regulation, rule or by-law of the foreign country;24
(b) an instrument of a legislative character (including rules25
of court) made under a statute of the foreign country.26
Compare:27
Evidence Act 1995 (Commonwealth) s. 17428
330. Evidence of law reports of foreign countries29
(1) Evidence of the unwritten or common law of a foreign country30
may be adduced by producing a document containing reports of31