Evidence Bill 2025
Miscellaneous Part 10
s. 372
page 289
(5) This section does not permit a court to dispense with the1
application of section 56 or 57.2
Compare:3
Evidence Act 1995 (Commonwealth) s. 1904
372. Agreements as to facts5
(1) In this section —6
agreed fact means a fact that the parties to a proceeding have7
agreed is not, for the purposes of the proceeding, to be disputed.8
(2) In a proceeding —9
(a) evidence is not required to prove the existence of an10
agreed fact unless the court gives leave; and11
(b) evidence must not be adduced to contradict or qualify an12
agreed fact unless the court gives leave.13
(3) Subsection (2) does not apply unless the agreed fact —14
(a) is stated in an agreement in writing signed by the parties15
or by legal counsels or prosecutors representing the16
parties and adduced in evidence in the proceeding; or17
(b) with the leave of the court, is stated by a party before the18
court with the agreement of all other parties.19
Compare:20
Evidence Act 1995 (Commonwealth) s. 19121
373. Leave, permission or direction may be subject to conditions22
(1) If, because of this Act, a court may give any leave, permission23
or direction, the leave, permission or direction may be given24
subject to the conditions that the court thinks fit.25
(2) Without limiting the matters that the court may take into26
account in deciding whether to give the leave, permission or27
direction, the court must take into account —28
(a) the extent to which to do so would be likely to add29
unduly to, or to shorten, the length of the hearing; and30
Evidence Bill 2025
Part 10 Miscellaneous
s. 374
page 290
(b) the extent to which to do so would be unfair to a party or1
to a witness; and2
(c) the importance of the evidence in relation to which the3
leave, permission or direction is sought; and4
(d) the nature of the proceeding; and5
(e) the power (if any) of the court to adjourn the hearing or6
to make another order or to give a direction in relation to7
the evidence.8
Compare:9
Evidence Act 1995 (Commonwealth) s. 19210
374. Advance rulings and findings11
If a question arises in any proceeding about any of the12
following, the court may, if it considers it appropriate to do so,13
give a ruling or make a finding in relation to the question before14
the evidence concerned is adduced in the proceeding —15
(a) the admissibility or use of evidence proposed to be16
adduced;17
(b) the operation of a provision of this Act or another law in18
relation to evidence proposed to be adduced;19
(c) the giving of any leave, permission or direction that the20
court may give under this Act.21
Compare:22
Evidence Act 1995 (Commonwealth) s. 192A23
375. Additional powers of court in relation to discovery and24
disclosure25
(1) The powers of a court in relation to discovery and disclosure26
extend to enabling the court to make any orders the court thinks27
fit to ensure that the parties to a proceeding can adequately, and28
in an appropriate matter, inspect documents, including orders29
about any of the following —30
(a) methods of inspection;31
Evidence Bill 2025
Miscellaneous Part 10
s. 376
page 291
(b) adjournments;1
(c) costs.2
(2) A reference in this section to the powers of a court in relation to3
discovery and disclosure is a reference to the powers of a court4
in relation to —5
(a) the discovery or inspection of documents; and6
(b) ordering disclosure and exchange of evidence, intended7
evidence, documents and reports.8
(3) The power of the court to make an order for costs under9
subsection (1) is subject to the Criminal Procedure Act 200410
section 123.11
Compare:12
Evidence Act 1995 (Commonwealth) s. 193(1)13
376. Additional power to make rules of court14
(1) The power of a person or body to make rules of court extends to15
making rules, not inconsistent with this Act or the regulations,16
prescribing matters —17
(a) required or permitted by this Act to be prescribed; or18
(b) necessary or convenient to be prescribed for carrying out19
or giving effect to the purposes of this Act; or20
(c) necessary or convenient to be prescribed for giving21
effect to the purposes of the Courts and Tribunals22
(Electronic Processes Facilitation) Act 2013 Part 2 (as23
applied by section 16 of this Act).24
(2) Without limiting subsection (1), rules made under that25
subsection may provide for any of the following —26
(a) the discovery, exchange, inspection or disclosure of27
intended evidence, documents and reports of persons28
intended to be called by a party to give evidence in a29
proceeding;30
Evidence Bill 2025
Part 10 Miscellaneous
s. 377
page 292
(b) the exclusion of evidence, or its admission subject to1
specified conditions, if the rules are not complied with.2
(3) The Courts and Tribunals (Electronic Processes Facilitation)3
Act 2013 section 20(3) and (4) apply as if the power conferred4
by subsection (1)(c) of this section were a power conferred by5
section 20(1) or (2) of that Act.6
Compare:7
Evidence Act 1906 s. 1338
Evidence Act 1995 (Commonwealth) s. 193(2) to (4)9
377. Witness who fails to attend proceeding10
(1) If a witness fails to appear when called in any proceeding and it11
is proved that the witness was duly bound by recognisance or12
served with a subpoena, summons or order to attend as a13
witness in the proceeding, the court may —14
(a) order the witness to show cause why execution of the15
recognisance or an attachment for disobedience to the16
subpoena, summons or order should not be issued17
against the witness; or18
(b) if it is proved that the non-appearance is without just19
cause or reasonable excuse, and that the witness will20
probably be able to give relevant evidence in the21
proceeding — issue a warrant to bring the witness22
before the court to give evidence at the proceeding.23
(2) Matters may be proved under this section orally or by affidavit.24
(3) An order to show cause under subsection (1)(a) may —25
(a) be made returnable before the court then sitting or at26
some future sitting; or27
(b) in respect of the non-appearance of a witness at a circuit28
court (as defined in the Supreme Court Act 193529
section 48) or on the trial of a case pending in the30
Supreme Court, be made returnable in the Supreme31
Court.32
Evidence Bill 2025
Miscellaneous Part 10
s. 378
page 293
(4) On return of the order to show cause, the court may deal with1
the case in the same way as the Supreme Court would deal with2
an order to similar effect made by the Supreme Court.3
Compare:4
Evidence Act 1906 s. 16 and 175
378. Payments to witnesses and others for eligible service6
(1) In this section —7
eligible service has the meaning given in subsection (2);8
inquest has the meaning given in the Coroners Act 19969
section 3;10
liable person, in respect of a payment for eligible service,11
means —12
(a) if the eligible service is in a criminal proceeding and the13
prosecution was commenced by or on behalf of a local14
government or a statutory body — the local government15
or statutory body; or16
(b) in any other case — the State.17
(2) A person does eligible service if the person is, or attends at any18
place in order to be, any of the following —19
(a) a witness who is called by the prosecutor in a criminal20
proceeding;21
(b) a witness who is called by the accused in a criminal22
proceeding and who is a child or a special witness;23
(c) a witness in an inquest;24
(d) an interpreter in a criminal proceeding or an inquest;25
(e) a person approved under section 231 to provide a26
witness with support in a proceeding;27
(f) a person appointed under section 233 to act as a28
communicator in a proceeding;29
Evidence Bill 2025
Part 10 Miscellaneous
s. 378
page 294
(g) a person who participates in a program the purpose of1
which is to prepare the following persons to give2
evidence in a criminal proceeding or an inquest —3
(i) a child who may be a witness;4
(ii) a person who is or may be declared to be a5
special witness;6
(h) a person who accompanies and assists another person7
described in paragraph (g) in order to enable the other8
person to attend the program described in that9
paragraph;10
(i) a person who accompanies and assists another person to11
attend and be a witness in a criminal proceeding or an12
inquest, if the other person is —13
(i) a child who may be a witness;14
(ii) a person who is or may be declared to be a15
special witness.16
(3) A person who does eligible service is entitled to be paid by the17
liable person any allowances and expenses for doing that18
eligible service provided for by the regulations.19
(4) If a person does eligible service during any period in which the20
person is employed under a contract of service, the employer21
under the contract of service must pay to the person the earnings22
that the person could reasonably expect to have been paid under23
that contract during that period.24
Penalty for this subsection: a fine of $2 000.25
(5) Subsection (4) applies even if doing the eligible service causes a26
breach of contract.27
(6) An employer who, in accordance with subsection (4), pays a28
person for a period in which the person does eligible service, is29
entitled to be paid by the liable person the fees provided for by30
the regulations for the eligible service.31
Evidence Bill 2025
Miscellaneous Part 10
s. 379
page 295
(7) A person who does eligible service is entitled to be paid by the1
liable person the fees provided for by the regulations for doing2
that eligible service if —3
(a) subsection (4) does not apply to the person; or4
(b) subsection (4) applies to the person but the employer5
fails to pay the person in accordance with that6
subsection.7
(8) The regulations may specify circumstances in which8
subsections (6) and (7) do not apply.9
Compare:10
Evidence Act 1906 s. 11911
379. Recovery of amounts payable12
(1) A claim to a liable person for payment under section 378 must13
be made and determined in accordance with the regulations.14
(2) The regulations may require information in support of a claim15
for payment to be verified by statutory declaration.16
(3) On the application of an accused who calls a witness in a17
criminal proceeding, the Minister may authorise the State to pay18
all or some of the amounts that would be payable under19
section 378 if the witness were called by the prosecutor in the20
proceeding.21
(4) An amount paid under section 378, or this section, by the State22
must be charged to the Consolidated Account, which this23
subsection appropriates accordingly.24
Compare:25
Evidence Act 1906 s. 11926
Evidence Bill 2025
Part 10 Miscellaneous
s. 380
page 296
380. Prohibited question not to be published1
(1) A person must not, without the express permission of a court,2
publish —3
(a) any question that the court has disallowed under4
section 50; or5
(b) any question that the court has disallowed because any6
answer that is likely to be given to the question would7
contravene the credibility rule; or8
(c) any question in respect of which the court has refused to9
give leave under Part 3 Division 7.10
Penalty for this subsection: a fine of $6 000.11
(2) A person who contravenes subsection (1) —12
(a) is taken to be in contempt of the court that disallowed13
the question or refused to give leave; and14
(b) is punishable accordingly.15
(3) If a person’s act constitutes both an offence under subsection (1)16
and a contempt of court under subsection (2), the person is not17
liable to be punished twice.18
Compare:19
Evidence Act 1906 s. 2720
Evidence Act 1995 (Commonwealth) s. 19521
381. Identity of certain witnesses not to be published22
(1) This section applies —23
(a) in relation to a criminal proceeding — if a person is24
charged with a sexual offence; or25
(b) in relation to a civil proceeding — if it is alleged that a26
witness is the victim of sexual abuse or sexual27
harassment.28
Evidence Bill 2025
Miscellaneous Part 10
s. 381
page 297
(2) For the purposes of subsection (1)(a), a person is charged with a1
sexual offence if —2
(a) the person is charged in a prosecution notice or an3
indictment with committing a sexual offence; or4
(b) the person appears before a court charged with a sexual5
offence; or6
(c) a court before which the person is appearing commits7
the person for trial for a charge alleging a sexual8
offence.9
(3) The following information must not be published, except with10
the express permission of a court —11
(a) information that is likely to enable members of the12
public to identify an alleged victim of a sexual offence,13
sexual abuse or sexual harassment;14
(b) if an alleged victim of a sexual offence, sexual abuse or15
sexual harassment attends school — information that is16
likely to enable members of the public to identify the17
school at which the alleged victim attends.18
(4) If information is published in contravention of subsection (3),19
each of the following persons commits an offence —20
(a) in the case of information published in a newspaper or21
periodical publication — any proprietor, editor or22
publisher of the newspaper or periodical publication at23
the time the information was published;24
(b) in the case of information published in a program that is25
broadcast —26
(i) the person who transmitted or provided the27
program; and28
(ii) any person having functions in relation to the29
program that were comparable to the functions of30
an editor of a newspaper at the time the31
information was published;32
Evidence Bill 2025
Part 10 Miscellaneous
s. 382
page 298
(c) in the case of information published in a manner not1
mentioned in paragraph (a) or (b) — the person who2
published the information.3
Penalty for this subsection:4
(a) for an individual, a fine of $5 000;5
(b) for a body corporate, a fine of $25 000.6
(5) A court has jurisdiction to give permission under subsection (3)7
if the court is hearing or has jurisdiction to hear the proceeding8
concerned.9
(6) The giving of permission under subsection (3) does not excuse a10
contravention of the subsection that occurred before permission11
was given.12
(7) It is a defence to a charge of an offence under subsection (4) to13
prove that —14
(a) the person to whom the published matter relates gave15
written authorisation to the publication of the matter16
before it was published; and17
(b) at the time of giving that authorisation, the person who18
gave it —19
(i) had reached 18 years of age; and20
(ii) was not, because of a disability, incapable of21
making reasonable judgments in respect of the22
publication of the matter concerned.23
Compare:24
Evidence Act 1906 s. 36C25
382. Customs prosecutions26
This Act, as it applies to a Customs prosecution (as defined in27
the Customs Act 1901 (Commonwealth) section 244), does not28
affect the operation of the Customs Act 1901 (Commonwealth).29
Evidence Bill 2025
Miscellaneous Part 10
s. 383
page 299
383. Regulations1
(1) The Governor may make regulations prescribing all matters that2
are required or permitted by this Act to be prescribed, or are3
necessary or convenient to be prescribed for giving effect to the4
purposes of —5
(a) this Act; or6
(b) the Courts and Tribunals (Electronic Processes7
Facilitation) Act 2013 Part 2 (as it applies to this Act).8
(2) Without limiting subsection (1), the regulations may provide for9
the fees and expenses payable in relation to the taking of10
evidence or receiving of a submission by video link or audio11
link and the person liable for payment.12
(3) The regulations may provide that a contravention of a regulation13
is an offence and prescribe, for an offence against the14
regulations, a penalty of imprisonment for a term not exceeding15
12 months and a fine not exceeding $100 000.16
(4) The Courts and Tribunals (Electronic Processes Facilitation)17
Act 2013 section 20(3) and (4) apply as if the power conferred18
by subsection (1)(b) of this section were a power conferred by19
section 20(1) or (2) of that Act.20
Compare:21
Evidence Act 1906 s. 131 and 13322
384. Review of Act23
(1) The Minister must review the operation and effectiveness of this24
Act, and prepare a report based on the review, as soon as25
practicable after the 5th anniversary of the day on which this26
section comes into operation.27
(2) The Minister must cause the report to be laid before each House28
of Parliament as soon as practicable after it is prepared, but not29
later than 12 months after the 5th anniversary.30
Evidence Bill 2025
Part 10 Miscellaneous
s. 385
page 300
385. Review of provisions relating to recorded statements1
(1) In this section —2
recorded statement provisions means —3
(a) Part 7 Division 4; and4
(b) the Criminal Investigation Act 2006 Part 11A.5
(2) The Minister must review the operation and effectiveness of the6
recorded statement provisions, and prepare a report based on the7
review, as soon as practicable after the 2nd anniversary of the8
day on which Part 7 Division 4 comes into operation.9
(3) The Minister must cause the report to be laid before each House10
of Parliament as soon as practicable after it is prepared, but not11
later than 12 months after the 2nd anniversary.12