Schedule 1 Forms

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.