Part 1BWitness intermediaries—criminal

Chapter 1B Witness intermediaries—criminal 4AG Definitions 7 4AH Panel of witness intermediaries 7 4AI Functions of witness intermediaries 8 4AJ Appointment of witness intermediary—generally 8 4AK Appointment of witness intermediary—prescribed witnesses 9 4AL Appointment of witness intermediary—suitability of the intermediary for the witness etc 10 4AM Witness to give evidence in presence of intermediary 11 4AN Relationship to other provisions of this Act 11 4A Principles for dealing with child witnesses 12 5 Definitions—pt 2.2 13 6 Meaning of give evidence in a proceeding by audiovisual link—pt 2.2 13 7 Sworn or unsworn evidence 13 8 Proceedings to which pt 2.2 applies 14 9 Child giving evidence by audiovisual link 14 10 Representation of child 15 11 Consequential orders—pt 2.2 15 12 Making of orders—pt 2.2 16 13 Jury warning about inferences from child giving evidence by audiovisual link 17 14 Failure to comply with pt 2.2 17 15 Child turns 18 during proceeding 17 Page contents 3 16 Definitions—ch 3 18 17 Application—ch 3 19 18 Operation of other Acts 19 Part 3.2 Use of audiovisual links or audio links with participating States in ACT proceedings 19 Application—pt 3.2 20 20 Territory courts may take evidence and submissions from participating States 20 21 Legal practitioners entitled to practise 21 Part 3.3 Use of interstate audiovisual links or audio links in proceedings in participating States 22 Application—pt 3.3 22 23 Recognised courts may take evidence or receive submissions from people in ACT 22 24 Powers of recognised courts 22 25 Orders made by recognised court 23 26 Enforcement of order 23 27 Privileges, protection and immunity of participants in proceedings in courts of participating States 23 28 Recognised court may administer oath in ACT 24 29 Assistance to recognised court 24 Part 3.4 Use of audiovisual links or audio links with other places in ACT proceedings 31 Application—pt 3.4 25 32 Territory courts may take evidence and submissions from another place 25 Part 3.5 Protection of certain communications and documents in criminal proceedings 33 Application—pt 3.5 27 Page contents 4 Evidence (Miscellaneous Provisions) Act 1991 34 Protection of confidentiality 27 35 Application of Listening Devices Act 27 35A Application—pt 3.6 29 35B Administration of oaths and affirmations by audiovisual or audio link 29 35C Putting documents to person by audiovisual or audio link 30 35D Premises to be considered part of territory court 30 36 Power to order payment of costs 31 Chapter 4 Sexual, violent and family violence offence 37 Meaning of proceeding—pt 4.1 32 38 Meaning of family violence offence proceeding—ch 4 32 38A Meaning of family violence offence—ch 4 32 39 Meaning of less serious violent offence proceeding—ch 4 33 40 Meaning of serious violent offence proceeding—ch 4 34 41 Meaning of sexual offence proceeding—ch 4 35 41A References to accused people—sexual offence proceedings under Work Health and Safety Act 2011 36 Part 4.2 What special requirements apply to particular 42 Definitions—pt 4.2 37 43 Special requirements—particular proceedings 39 44 Court may inform itself about particular witnesses 44 45 Failure to comply with ch 4 44 Division 4.3.1 Preliminary—pt 4.3 46 Definitions—pt 4.3 45 47 Accused may be screened from witness in court 45 Page contents 5 48 No examination of witness by self-represented accused person 46 49 Witness may have support person in court 47 50 Evidence to be given in closed court 48 Division 4.3.3 Special requirements—audiovisual recording of police 51 Meaning of audiovisual recording—div 4.3.3 49 52 Police interview audiovisual recording may be admitted as evidence 50 53 Police interview audiovisual recording—notice 50 54 Police interview audiovisual recording—notice for access 51 55 Police interview audiovisual recording—access to accused person 51 56 Police interview audiovisual recording—admissibility 52 57 Police interview audiovisual recording—jury trial 52 58 Transcript of police interview audiovisual recording—access to court 53 59 Police interview audiovisual recording—offences 53 60 Witness may give evidence at pre-trial hearing 54 61 Who may be present at pre-trial hearing 55 62 Evidence of witness at pre-trial hearing to be evidence at hearing 55 63 Witness may be required to attend hearing 56 64 Evidence of witness at pre-trial hearing—jury trial 57 65 Recording of witness’s evidence at pre-trial hearing admissible in related hearing 57 66 Audiovisual recording of child’s evidence—admissibility 59 67 Meaning of give evidence—div 4.3.5 59 68 Giving evidence by audiovisual link 59 69 Recording evidence given by audiovisual link or in courtroom 60 70 Consequential orders—div 4.3.5 62 71 Making of orders—div 4.3.5 63 72 Jury warning about inferences from witness giving evidence by audiovisual link 63 Page contents 6 Evidence (Miscellaneous Provisions) Act 1991 Part 4.4 Special requirements—sexual offence and family violence offence proceedings 73 Certain evidence to be given in closed court 64 74 Prohibition of publication of complainant’s identity 65 74A Evidence of family violence may be relevant evidence 66 Division 4.4.2 Sexual offence proceedings—evidence of complainant’s sexual reputation and activities 75 Immunity of sexual reputation 68 76 General immunity of evidence of complainant’s sexual activities 68 77 Application for leave under s 76 68 78 Decision to give leave under s 76 69 Division 4.4.3 Sexual and family violence offence proceedings— protection of counselling communications 79 Definitions—div 4.4.3 69 79A Meaning of protected confidence—div 4.4.3 72 79B When does div 4.4.3 apply? 74 79C Immunity for protected confidences in preliminary criminal proceedings 74 79D General immunity for protected confidences 75 79E Application for leave to disclose protected confidence 75 79F Threshold test––legitimate forensic purpose 77 79G Preliminary examination of protected confidence evidence 77 79H Giving of leave to disclose protected confidence 79 79I Ancillary orders for protection of person who made protected confidence 80 79IA Counselled person may appear in proceeding if protected confidence sought to be disclosed 81 79IB Court must be satisfied counselled person is informed of rights under div 4.4.3 82 79J No waiver of protected confidence immunity 82 79K No protected confidence immunity for medical information 82 79L No protected confidence immunity for communications for criminal investigations and proceedings 83 79M No protected confidence immunity in case of misconduct 83 Page contents 7 Division 4.4.4 Sexual offence proceedings—directions and warnings to juries 80 Comments on complainants’ evidence 84 80A Comments on children’s evidence 84 80B Comments about lack of, or delays in making, complaint 84 80C Directions about implied consent 85 Part 4.5 Special requirements—family violence offence proceedings 81 Meaning of recorded statement—pt 4.5 86 Division 4.5.2 Family violence offence proceedings—recorded statement of police interview 81A Recorded statement—requirements 87 81B Recorded statement—may be admitted as evidence 89 81C Recorded statement—hearsay rule and opinion rule 90 81D Validity of proceeding not affected 90 81E Recorded statement—represented accused person to be given copy 90 81F Recorded statement—unrepresented accused person to be given access 91 81G Recorded statement—admissibility 92 81H Recorded statement—accused person to be given audio copy 92 81I Recorded statement—jury trial 92 81J Recorded statement—offence to publish 93 Division 4.5.3 Recorded statement of police interview admissible as evidence—application for protection order 81K Recorded statement—may be admitted as evidence in application for family violence protection order 94 Chapter 5 Certain evidence under court rules not admissible 82 Evidence not admissible in court—neutral evaluation 95 83 Evidence not admissible in court—expert report 96 84 Evidence not admissible in court—meeting of experts 96 85 Evidence not admissible in court—evidence taken in examination 97 Page contents 8 Evidence (Miscellaneous Provisions) Act 1991 Chapter 6 Evidence in criminal proceedings— dangerously ill people 90 Meaning of dangerously ill person—ch 6 99 91 Application—ch 6 99 92 Recording of evidence of dangerously ill person 99 93 Notice of evidence of dangerously ill person 100 94 Admissibility of recording of evidence of dangerously ill person 100 95 Definitions—ch 6 102 96 Victim impact statements—cross-examination in principal proceeding 102 97 Victim impact statements—use in other proceeding 103 Part 7.1 Evidence of witnesses with disabilities or vulnerabilities 100 Meaning of witness with a disability—pt 7.1 104 101 Child or witness with disability may have support person in court 104 102 Witness with vulnerability may give evidence in closed court 105 103 Making of s 101 and s 102 orders—court not bound by rules of evidence 106 Part 7.2 Evidence in any proceedings—miscellaneous 104 Proof of document under law of Commonwealth country 107 Part 7.3 Evidence in any proceedings—extended application of Evidence Act 105 Extended application of Evidence Act—interpreters 109 110 Application—ch 8 110 111 Prohibition of publication of evidence etc 110 Page contents 9 112 Noncompliance with s 111 order 111 120 Approved forms 112 121 Regulation-making power 112 Chapter 13 Transitional—Crimes (Disclosure) Legislation Amendment Act 2024 165 Meaning of commencement day—ch 13 113 166 Amendments do not apply to proceedings begun before commencement day 113 167 Amendments apply to protected confidences made before, on or after commencement day 113 168 Expiry—ch 13 113 Dictionary 114 1 About the endnotes 120 2 Abbreviation key 120 3 Legislation history 121 4 Amendment history 130 5 Earlier republications 165 6 Expired transitional or validating provisions 170 7 Renumbered provisions 170 An Act about evidence