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New South Wales regulation
What this page shows: The uploaded document is the NSW Legislation web entry for the Evidence Regulation 2026 showing the in‑force version (current from 21/08/2026), the file last modified date (21/08/2026), and that the displayed provisions have commenced.
Who it affects and why it matters: It matters to anyone needing the authoritative current text and to practitioners tracking commencement and expiry (the regulation is scheduled for automatic repeal on 1/09/2031).
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Direct links to the current provisions in Evidence Regulation 2026.
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Evidence Regulation 2020, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Interpretation
(1) In this regulation—
address includes a private, business or official address.
notifying party, in relation to a notice, means the person giving the notice.
the Act means the Evidence Act 1995.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
(2) In this regulation, a reference to a Form is a reference to the form as set out in Schedule 1.
4 Previous representation notice—the Act, s 67(2)
(1) A previous representation notice must state the following—
(a) the substance of the evidence of the previous representation that the notifying party intends to adduce,
(b) to the best of the notifying party’s knowledge, the substance of all other relevant representations made by the person who made the previous representation,
(c) to the best of the notifying party’s knowledge—
(i) the date, time and place at which each representation was made, and
(ii) particulars of the circumstances in which each representation was made, and
(iii) the name of the person who made the representations, and
(iv) the names of the persons to whom each representation was made, and
(v) in civil proceedings—the address of each person named in the notice,
(d) if the notifying party intends to rely on the Act, section 63(2) or 65(2), (3) or (8)—particulars of the facts the party intends to rely on to establish that the person who made the representations is not available to give evidence,
(e) if the notifying party intends to rely on the Act, section 64(2)—particulars of the facts the party intends to rely on to establish that calling the person who made the representations to give evidence would—
(i) cause undue expense or undue delay, or
(ii) not be reasonably practicable.
(2) If the previous representation was made in writing—
(a) a copy of the document containing the representation must be attached to the notice, and
(b) the notice must identify the document unless the identity of the document is apparent from the copy of the document.
(3) A previous representation notice is taken to comply with subsection (1)(a) if the representation is clearly identified in a document attached to the notice.
(4) On application by a party in criminal proceedings, the court may make an order on terms the court thinks appropriate directing the notifying party to disclose the address of a person named in a previous representation notice.
(5) In this section—
document includes a part of a document.
previous representation notice means a notice given under the Act, section 67(1).
5 Tendency evidence notice—the Act, s 99
(1) A tendency evidence notice must state the following—
(a) the substance of the evidence to which the notice relates,
(b) if the evidence includes evidence of the conduct of a person—to the best of the notifying party’s knowledge—
(i) the date, time and place at which the conduct occurred, and
(ii) particulars of the circumstances in which the conduct occurred, and
(iii) the name of each person who saw, heard or otherwise perceived the conduct, and
(iv) in civil proceedings—the address of each person named in the notice.
(2) On application by a party in criminal proceedings, the court may make an order on terms the court thinks appropriate directing the notifying party to disclose the address of a person named in a tendency evidence notice.
(3) In this section—
tendency evidence notice means a notice given under the Act, section 97(1)(a).
6 Coincidence evidence notice—the Act, s 99
(1) A coincidence evidence notice must state the following—
(a) the substance of the evidence to which the notice relates,
(b) to the best of the notifying party’s knowledge—
(i) the date, time and place at which each event referred to in the notice occurred, and
(ii) particulars of the circumstances in which each event occurred, and
(iii) the name of each person who saw, heard or otherwise perceived each event, and
(iv) in civil proceedings—the address of each person named in the notice.
(2) On application by a party in criminal proceedings, the court may make an order on terms the court thinks appropriate directing the notifying party to disclose the address of a person named in a coincidence evidence notice.
(3) In this section—
coincidence evidence notice means a notice given under the Act, section 98(1)(a).
7 Self-incrimination certificates—form of certificate—the Act, s 197
A certificate under the Act, section 128 or 128A may be in accordance with Form 1.
8 Self-incrimination certificates—prescribed State and Territory provisions—the Act, ss 128(13) and 128A(12)
(1) For the Act, section 128(12), the following are declared prescribed State and Territory provisions—
(a) the Evidence Act 2011 of the Australian Capital Territory, section 128,
(b) the Evidence Act 2004 of Norfolk Island, section 128,
(c) the Evidence (National Uniform Legislation) Act 2011 of the Northern Territory, section 128,
(d) the Evidence Act 2001 of Tasmania, section 128,
(e) the Coroners Act 2008 of Victoria, section 57,
(f) the Evidence Act 2008 of Victoria, section 128,
(g) the Coroners Act 1996 of Western Australia, section 47,
(h) the Evidence Act 1906 of Western Australia, section 11.
(2) For the Act, section 128A(11), the following are declared prescribed State and Territory provisions—
(a) the Evidence Act 2011 of the Australian Capital Territory, section 128A,
(b) the Evidence (National Uniform Legislation) Act 2011 of the Northern Territory, section 128A,
(c) the Evidence Act 2001 of Tasmania, section 128A,
(d) the Evidence Act 2008 of Victoria, section 128A.
9 Fingerprint evidence of identity—affidavits by State or Territory police officers
For the Act, section 179(1)(a), the prescribed form of the affidavit is Form 2.
10 Fingerprint evidence of identity—affidavits by Australian Federal Police officers
For the Act, section 180(1)(a), the prescribed form of the affidavit is Form 3.
11 Repeal and savings
(1) The Evidence Regulation 2020 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Evidence Regulation 2020, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Forms
section 3(2)
Form 1 Certificate under the Evidence Act 1995, section 128 or 128A
section 7
[Set out heading to action or matter]
This Court certifies under the Evidence Act 1995, section 128*/128A* 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 the Act, section 128(7)*/ 128A(8)* applies.
A transcript or other record of the evidence must be attached to this certificate and duly authenticated by the Court or a proper officer of the Court.
Date—
| | L.S. | | | (affix seal) |
Judge of the Court
*Delete if not applicable
Note—
The Evidence Act 1995, section 128(7) 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.
The Evidence Act 1995, section 128A(8) 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.
Form 2 Affidavit of member of State or Territory police force concerning fingerprints
section 9
[Set out heading to action or matter]
I, [name of deponent] of [address of deponent], a member of the police force of [State or Territory], make oath and say*/affirm*—
- I am a fingerprint expert for the police force of [State or Territory].
- I have examined the fingerprint card marked for identification with the letter “A”.
- I have compared the fingerprints shown on that card with the fingerprints shown on the fingerprint card in the records held by the police force of [State or Territory] showing the fingerprints of [name of person and alias, if any].
- The fingerprints on those cards are identical.
- According to the records of the police force of [State or Territory], which I believe to be accurate, [name of person] was convicted in that State*/Territory* of the following offences [state offences]—
- Annexed to this affidavit and marked with the letters [insert an alphabetical sequence of letters, commencing at “B”, corresponding to the number of annexures] are certified copies or certificates of conviction for each of those convictions.
- From an examination of the records referred to above, I believe that the person referred to in each annexed certified copy or certificate as having been convicted of the offence stated in the copy or certificate is the person whose fingerprints are shown on the fingerprint cards referred to in paragraph 3 of this affidavit.
SWORN*/AFFIRMED*
by the deponent at [place]
Date—
Before me—
| (signature) | (signature) | | | | | A Justice of the Peace*/notary public*/Australian lawyer*/person authorised to take affidavits in New South Wales* | Deponent |
*Delete if not applicable
Certificate under the Oaths Act 1900, section 34(1)(c)
*Please cross out any text that does not apply
I, [insert name of witness], a Justice of the Peace*/notary public*/Australian lawyer*/person authorised to take affidavits in New South Wales*, certify the following matters concerning the making of this affidavit by the person who made this affidavit—
1 *I saw the face of the person or *I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering.
2 *I have known the person for at least 12 months or *I have confirmed the person’s identity using an identification document and the document I relied on was [describe identification document relied on].
[Insert signature of witness]
Date—
Form 3 Affidavit of member of Australian Federal Police concerning fingerprints
section 10
[Set out heading to action or matter]
I, [name of deponent] of [address of deponent], a member*/special member*/staff member* of the Australian Federal Police, make oath and say*/affirm*—
- I am a fingerprint expert for the Australian Federal Police.
- I have examined the fingerprint card marked for identification with the letter “A”.
- I have compared the fingerprints shown on that card with the fingerprints shown on the fingerprint card in the records held by the Australian Federal Police showing the fingerprints of [name of person and alias, if any].
- The fingerprints on those cards are identical.
- According to the records of the Australian Federal Police, which I believe to be accurate, [name of person] was convicted of the following offences against a law of the Commonwealth [state offences]—
- Annexed to this affidavit and marked with the letters [insert an alphabetical sequence of letters, commencing at “B”, corresponding to the number of annexures] are certified copies or certificates of conviction for each of those convictions.
- From an examination of the records referred to above, I believe that the person referred to in each annexed certified copy or certificate as having been convicted of the offence stated in the copy or certificate is the person whose fingerprints are shown on the fingerprint cards referred to in paragraph 3 of this affidavit.
SWORN*/AFFIRMED*
by the deponent at [place]
Date—
Before me—
| (signature) | (signature) | | | | | A Justice of the Peace*/notary public*/Australian lawyer*/person authorised to take affidavits in New South Wales* | Deponent |
*Delete if not applicable
Certificate under the Oaths Act 1900, section 34(1)(c)
*Please cross out any text that does not apply
I, [insert name of witness], a Justice of the Peace*/notary public*/Australian lawyer*/person authorised to take affidavits in New South Wales*, certify the following matters concerning the making of this affidavit by the person who made it—
1 *I saw the face of the person or *I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering.
2 *I have known the person for at least 12 months or *I have confirmed the person’s identity using an identification document and the document I relied on was [describe identification document relied on].
[Insert signature of witness]
Date—
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of regulation
This regulation is the Evidence Regulation 2026.
2 Commencement
This regulation commences on the day on which this regulation is published on the NSW legislation website.
Note—
This regulation repeals and replaces the Evidence Regulation 2020, which would otherwise be repealed on 1 September 2026 by the Subordinate Legislation Act 1989, section 10(2).
3 Interpretation
(1) In this regulation—
address includes a private, business or official address.
notifying party, in relation to a notice, means the person giving the notice.
the Act means the Evidence Act 1995.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this regulation.
(2) In this regulation, a reference to a Form is a reference to the form as set out in Schedule 1.
4 Previous representation notice—the Act, s 67(2)
(1) A previous representation notice must state the following—
(a) the substance of the evidence of the previous representation that the notifying party intends to adduce,
(b) to the best of the notifying party’s knowledge, the substance of all other relevant representations made by the person who made the previous representation,
(c) to the best of the notifying party’s knowledge—
(i) the date, time and place at which each representation was made, and
(ii) particulars of the circumstances in which each representation was made, and
(iii) the name of the person who made the representations, and
(iv) the names of the persons to whom each representation was made, and
(v) in civil proceedings—the address of each person named in the notice,
(d) if the notifying party intends to rely on the Act, section 63(2) or 65(2), (3) or (8)—particulars of the facts the party intends to rely on to establish that the person who made the representations is not available to give evidence,
(e) if the notifying party intends to rely on the Act, section 64(2)—particulars of the facts the party intends to rely on to establish that calling the person who made the representations to give evidence would—
(i) cause undue expense or undue delay, or
(ii) not be reasonably practicable.
(2) If the previous representation was made in writing—
(a) a copy of the document containing the representation must be attached to the notice, and
(b) the notice must identify the document unless the identity of the document is apparent from the copy of the document.
(3) A previous representation notice is taken to comply with subsection (1)(a) if the representation is clearly identified in a document attached to the notice.
(4) On application by a party in criminal proceedings, the court may make an order on terms the court thinks appropriate directing the notifying party to disclose the address of a person named in a previous representation notice.
(5) In this section—
document includes a part of a document.
previous representation notice means a notice given under the Act, section 67(1).
5 Tendency evidence notice—the Act, s 99
(1) A tendency evidence notice must state the following—
(a) the substance of the evidence to which the notice relates,
(b) if the evidence includes evidence of the conduct of a person—to the best of the notifying party’s knowledge—
(i) the date, time and place at which the conduct occurred, and
(ii) particulars of the circumstances in which the conduct occurred, and
(iii) the name of each person who saw, heard or otherwise perceived the conduct, and
(iv) in civil proceedings—the address of each person named in the notice.
(2) On application by a party in criminal proceedings, the court may make an order on terms the court thinks appropriate directing the notifying party to disclose the address of a person named in a tendency evidence notice.
(3) In this section—
tendency evidence notice means a notice given under the Act, section 97(1)(a).
6 Coincidence evidence notice—the Act, s 99
(1) A coincidence evidence notice must state the following—
(a) the substance of the evidence to which the notice relates,
(b) to the best of the notifying party’s knowledge—
(i) the date, time and place at which each event referred to in the notice occurred, and
(ii) particulars of the circumstances in which each event occurred, and
(iii) the name of each person who saw, heard or otherwise perceived each event, and
(iv) in civil proceedings—the address of each person named in the notice.
(2) On application by a party in criminal proceedings, the court may make an order on terms the court thinks appropriate directing the notifying party to disclose the address of a person named in a coincidence evidence notice.
(3) In this section—
coincidence evidence notice means a notice given under the Act, section 98(1)(a).
7 Self-incrimination certificates—form of certificate—the Act, s 197
A certificate under the Act, section 128 or 128A may be in accordance with Form 1.
8 Self-incrimination certificates—prescribed State and Territory provisions—the Act, ss 128(13) and 128A(12)
(1) For the Act, section 128(12), the following are declared prescribed State and Territory provisions—
(a) the Evidence Act 2011 of the Australian Capital Territory, section 128,
(b) the Evidence Act 2004 of Norfolk Island, section 128,
(c) the Evidence (National Uniform Legislation) Act 2011 of the Northern Territory, section 128,
(d) the Evidence Act 2001 of Tasmania, section 128,
(e) the Coroners Act 2008 of Victoria, section 57,
(f) the Evidence Act 2008 of Victoria, section 128,
(g) the Coroners Act 1996 of Western Australia, section 47,
(h) the Evidence Act 1906 of Western Australia, section 11.
(2) For the Act, section 128A(11), the following are declared prescribed State and Territory provisions—
(a) the Evidence Act 2011 of the Australian Capital Territory, section 128A,
(b) the Evidence (National Uniform Legislation) Act 2011 of the Northern Territory, section 128A,
(c) the Evidence Act 2001 of Tasmania, section 128A,
(d) the Evidence Act 2008 of Victoria, section 128A.
9 Fingerprint evidence of identity—affidavits by State or Territory police officers
For the Act, section 179(1)(a), the prescribed form of the affidavit is Form 2.
10 Fingerprint evidence of identity—affidavits by Australian Federal Police officers
For the Act, section 180(1)(a), the prescribed form of the affidavit is Form 3.
11 Repeal and savings
(1) The Evidence Regulation 2020 is repealed.
(2) An act, matter or thing that, immediately before the repeal of the Evidence Regulation 2020, had effect under that regulation continues to have effect under this regulation.
Schedule 1 Forms
section 3(2)
Form 1 Certificate under the Evidence Act 1995, section 128 or 128A
section 7
[Set out heading to action or matter]
This Court certifies under the Evidence Act 1995, section 128*/128A* 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 the Act, section 128(7)*/ 128A(8)* applies.
A transcript or other record of the evidence must be attached to this certificate and duly authenticated by the Court or a proper officer of the Court.
Date—
| | L.S. | | | (affix seal) |
Judge of the Court
*Delete if not applicable
Note—
The Evidence Act 1995, section 128(7) 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.
The Evidence Act 1995, section 128A(8) 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.
Form 2 Affidavit of member of State or Territory police force concerning fingerprints
section 9
[Set out heading to action or matter]
I, [name of deponent] of [address of deponent], a member of the police force of [State or Territory], make oath and say*/affirm*—
- I am a fingerprint expert for the police force of [State or Territory].
- I have examined the fingerprint card marked for identification with the letter “A”.
- I have compared the fingerprints shown on that card with the fingerprints shown on the fingerprint card in the records held by the police force of [State or Territory] showing the fingerprints of [name of person and alias, if any].
- The fingerprints on those cards are identical.
- According to the records of the police force of [State or Territory], which I believe to be accurate, [name of person] was convicted in that State*/Territory* of the following offences [state offences]—
- Annexed to this affidavit and marked with the letters [insert an alphabetical sequence of letters, commencing at “B”, corresponding to the number of annexures] are certified copies or certificates of conviction for each of those convictions.
- From an examination of the records referred to above, I believe that the person referred to in each annexed certified copy or certificate as having been convicted of the offence stated in the copy or certificate is the person whose fingerprints are shown on the fingerprint cards referred to in paragraph 3 of this affidavit.
SWORN*/AFFIRMED*
by the deponent at [place]
Date—
Before me—
| (signature) | (signature) | | | | | A Justice of the Peace*/notary public*/Australian lawyer*/person authorised to take affidavits in New South Wales* | Deponent |
*Delete if not applicable
Certificate under the Oaths Act 1900, section 34(1)(c)
*Please cross out any text that does not apply
I, [insert name of witness], a Justice of the Peace*/notary public*/Australian lawyer*/person authorised to take affidavits in New South Wales*, certify the following matters concerning the making of this affidavit by the person who made this affidavit—
1 *I saw the face of the person or *I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering.
2 *I have known the person for at least 12 months or *I have confirmed the person’s identity using an identification document and the document I relied on was [describe identification document relied on].
[Insert signature of witness]
Date—
Form 3 Affidavit of member of Australian Federal Police concerning fingerprints
section 10
[Set out heading to action or matter]
I, [name of deponent] of [address of deponent], a member*/special member*/staff member* of the Australian Federal Police, make oath and say*/affirm*—
- I am a fingerprint expert for the Australian Federal Police.
- I have examined the fingerprint card marked for identification with the letter “A”.
- I have compared the fingerprints shown on that card with the fingerprints shown on the fingerprint card in the records held by the Australian Federal Police showing the fingerprints of [name of person and alias, if any].
- The fingerprints on those cards are identical.
- According to the records of the Australian Federal Police, which I believe to be accurate, [name of person] was convicted of the following offences against a law of the Commonwealth [state offences]—
- Annexed to this affidavit and marked with the letters [insert an alphabetical sequence of letters, commencing at “B”, corresponding to the number of annexures] are certified copies or certificates of conviction for each of those convictions.
- From an examination of the records referred to above, I believe that the person referred to in each annexed certified copy or certificate as having been convicted of the offence stated in the copy or certificate is the person whose fingerprints are shown on the fingerprint cards referred to in paragraph 3 of this affidavit.
SWORN*/AFFIRMED*
by the deponent at [place]
Date—
Before me—
| (signature) | (signature) | | | | | A Justice of the Peace*/notary public*/Australian lawyer*/person authorised to take affidavits in New South Wales* | Deponent |
*Delete if not applicable
Certificate under the Oaths Act 1900, section 34(1)(c)
*Please cross out any text that does not apply
I, [insert name of witness], a Justice of the Peace*/notary public*/Australian lawyer*/person authorised to take affidavits in New South Wales*, certify the following matters concerning the making of this affidavit by the person who made it—
1 *I saw the face of the person or *I did not see the face of the person because the person was wearing a face covering, but I am satisfied that the person had a special justification for not removing the covering.
2 *I have known the person for at least 12 months or *I have confirmed the person’s identity using an identification document and the document I relied on was [describe identification document relied on].
[Insert signature of witness]
Date—