78Decision to give leave under s 76

78 Decision to give leave under s 76 (1) The court must not give leave under section 76 unless satisfied that the evidence— (a) has substantial relevance to the facts in issue; or (b) is a proper matter for cross-examination about credit. (2) Evidence (sexual activity evidence) that relates to, or tends to establish, the fact that the complainant was accustomed to engage in sexual activities is not to be regarded as having a substantial relevance to the facts in issue because of any inference it may raise about general disposition. (3) Sexual activity evidence is not to be regarded as being a proper matter for cross-examination about credit unless the evidence, if accepted, would be likely to substantially impair confidence in the reliability of the complainant’s evidence. (4) If the court gives leave under section 76, it must give written reasons for its decision. proper matter for cross-examination about credit—evidence is a proper matter for cross-examination about credit if the credibility rule under the Evidence Act 2011, section 102 does not apply to the evidence because of that Act, section 103 (Exception— cross-examination as to credibility). Division 4.4.3 Sexual and family violence offence proceedings—protection of counselling communications