Schedule 1 Forms

Schedule 1 Forms

(Clause 3(2))

Form 1 Certificate under section 128 or 128A of the Evidence Act 1995

(Clause 7)

[Set out heading to action or matter]

This Court certifies under section 128*/128A* of the Evidence Act 1995 of New South Wales that evidence in these proceedings by [state name of witness] on [state date or dates], a record of which is attached to this certificate, is evidence*/information* to which section 128(7)*/ 128A(8)* of that Act applies.

A transcript, or other record, of the evidence is to be attached to this certificate, and duly authenticated by the Court or its proper officer.

Dated—

| | L.S. | | | (affix seal) |

Judge or magistrate of the Court

*Delete if not applicable

Note.

Section 128(7) of the Evidence Act 1995 provides as follows—

(7) In any proceeding in a NSW court or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence—

(a) evidence given by a person in respect of which a certificate under this section has been given, and

(b) evidence of any information, document or thing obtained as a direct or indirect consequence of the person having given evidence,

cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.

Section 128A(8) of the Evidence Act 1995 provides as follows—

(8) In any proceeding in a NSW court or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence—

(a) evidence of information disclosed by a relevant person in respect of which a certificate has been given under this section, and

(b) evidence of any information, document or thing obtained as a direct result or indirect consequence of the relevant person having disclosed that information,

cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence concerned.