Australian Capital Territory Current Acts

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991

TABLE OF PROVISIONS

           Long Title

CHAPTER 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   3.      Notes  
   4.      Offences against Act—application of Criminal Code etc  

           --CHAPTER 1A GROUND RULES HEARINGS—CRIMINAL PROCEEDINGS

   4AA.    Definitions—ch 1A  
   4AB.    Direction to hold ground rules hearing  
   4AC.    Ground rules hearings—time limits  
   4AD.    Ground rules hearings—who must attend  
   4AE.    Ground rules hearings—intermediary's report  
   4AF.    Ground rules hearings—directions  

CHAPTER 1B--WITNESS INTERMEDIARIES—CRIMINAL PROCEEDINGS

   4AG.    Definitions  
   4AH.    Panel of witness intermediaries  
   4AI.    Functions of witness intermediaries  
   4AJ.    Appointment of witness intermediary—generally  
   4AK.    Appointment of witness intermediary—prescribed witnesses  
   4AL.    Appointment of witness intermediary—suitability of the intermediary for the witness  
   4AM.    Witness to give evidence in presence of intermediary  
   4AN.    Relationship to other provisions of this Act  

CHAPTER 2--EVIDENCE OF CHILDREN

   PART 2.1--DEALING WITH CHILD WITNESSES

   4A.     Principles for dealing with child witnesses  

   PART 2.2--EVIDENCE OF CHILDREN--AUDIOVISUAL LINKS

   5.      Definitions—pt 2.2  
   6.      Meaning of give evidence in a proceeding by audiovisual link—pt  
   7.      Sworn or unsworn evidence  
   8.      Proceedings to which pt 2.2 applies  
   9.      Child giving evidence by audiovisual link  
   10.     Representation of child  
   11.     Consequential orders—pt 2.2  
   12.     Making of orders—pt 2.2  
   13.     Jury warning about inferences from child giving evidence by audiovisual  
   14.     Failure to comply with pt 2.2  
   15.     Child turns 18 during proceeding  

CHAPTER 3--USE OF AUDIOVISUAL LINKS AND AUDIO LINKS

   PART 3.1--PRELIMINARY--CH 3

   16.     Definitions—ch 3  
   17.     Application—ch 3  
   18.     Operation of other Acts  

   PART 3.2--USE OF AUDIOVISUAL LINKS OR AUDIO LINKS WITH PARTICIPATING STATES IN ACT PROCEEDINGS

   19.     Application—pt 3.2  
   20.     Territory courts may take evidence and submissions from participating  
   21.     Legal practitioners entitled to practise  

   PART 3.3--USE OF INTERSTATE AUDIOVISUAL LINKS OR AUDIO LINKS IN PROCEEDINGS IN PARTICIPATING STATES

   22.     Application—pt 3.3  
   23.     Recognised courts may take evidence or receive submissions from people in  
   24.     Powers of recognised courts  
   25.     Orders made by recognised court  
   26.     Enforcement of order  
   27.     Privileges, protection and immunity of participants in proceedings in courts of  
   28.     Recognised court may administer oath in ACT  
   29.     Assistance to recognised court  

   PART 3.4--USE OF AUDIOVISUAL LINKS OR AUDIO LINKS WITH OTHER PLACES IN ACT PROCEEDINGS

   31.     Application—pt 3.4  
   32.     Territory courts may take evidence and submissions from another place  

   PART 3.5--PROTECTION OF CERTAIN COMMUNICATIONS AND DOCUMENTS IN CRIMINAL PROCEEDINGS

   33.     Application—pt 3.5  
   34.     Protection of confidentiality  
   35.     Application of Listening Devices Act  

   PART 3.6--GENERAL MATTERS

   35A.    Application—pt 3.6  
   35B.    Administration of oaths and affirmations by audiovisual or audio link  
   35C.    Putting documents to person by audiovisual or audio link  
   35D.    Premises to be considered part of territory court  
   36.     Power to order payment of costs  

CHAPTER 4--SEXUAL, VIOLENT AND FAMILY VIOLENCE OFFENCE PROCEEDINGS

   PART 4.1--KINDS OF PROCEEDINGS

   37.     Meaning of proceeding—pt 4.1  
   38.     Meaning of family violence offence proceeding—ch 4  
   38A.    Meaning of family violence offence—ch 4  
   39.     Meaning of less serious violent offence proceeding—ch 4  
   40.     Meaning of serious violent offence proceeding—ch 4  
   41.     Meaning of sexual offence proceeding—ch 4  

   PART 4.2--WHAT SPECIAL REQUIREMENTS APPLY TO PARTICULAR PROCEEDINGS

   42.     Definitions—pt 4.2  
   43.     Special requirements—particular proceedings  
   44.     Court may inform itself about particular witnesses  
   45.     Failure to comply with ch 4  

   PART 4.3--SPECIAL REQUIREMENTS--GENERAL

           Division 4.3.1--Preliminary—pt 4.3

   46.     Definitions—pt 4.3  

           Division 4.3.2--Special requirements—general

   47.     Accused may be screened from witness in court  
   48.     No examination of witness by self-represented accused person  
   49.     Witness may have support person in court  
   50.     Evidence to be given in closed court  

           Division 4.3.3--Special requirements—audiovisual recording of police interview

   51.     Meaning of audiovisual recording—div 4.3.3  
   52.     Police interview audiovisual recording may be admitted as evidence  
   53.     Police interview audiovisual recording—notice  
   54.     Police interview audiovisual recording—notice for access  
   55.     Police interview audiovisual recording—access to accused  
   56.     Police interview audiovisual recording—admissibility  
   57.     Police interview audiovisual recording—jury trial  
   58.     Transcript of police interview audiovisual recording—access to  
   59.     Police interview audiovisual recording—offences  

           Division 4.3.4--Giving evidence at pre-trial hearing

   60.     Witness may give evidence at pre-trial hearing  
   61.     Who may be present at pre-trial hearing  
   62.     Evidence of witness at pre-trial hearing to be evidence at hearing  
   63.     Witness may be required to attend hearing  
   64.     Evidence of witness at pre-trial hearing—jury trial  
   65.     Recording of witness's evidence at pre-trial hearing admissible in related  
   66.     Audiovisual recording of child's evidence—admissibility  

           Division 4.3.5--Giving evidence by audiovisual link

   67.     Meaning of give evidence—div 4.3.5  
   68.     Giving evidence by audiovisual link  
   69.     Recording evidence given by audiovisual link or in courtroom  
   70.     Consequential orders—div 4.3.5  
   71.     Making of orders—div 4.3.5  
   72.     Jury warning about inferences from witness giving evidence by audiovisual  

   PART 4.4--SPECIAL REQUIREMENTS--SEXUAL OFFENCE AND FAMILY VIOLENCE OFFENCE PROCEEDINGS

           Division 4.4.1--Sexual offence proceedings—general

   73.     Certain evidence to be given in closed court  
   74.     Prohibition of publication of complainant's identity  
   74A.    Evidence of family violence may be relevant evidence  

           Division 4.4.2--Sexual offence proceedings—evidence of complainant's sexual reputation and activities

   75.     Immunity of sexual reputation  
   76.     General immunity of evidence of complainant's sexual  
   77.     Application for leave under s 76  
   78.     Decision to give leave under s 76  

           Division 4.4.3--Sexual and family violence offence proceedings—protection of counselling communications

   79.     Definitions—div 4.4.3  
   79A.    Meaning of protected confidence—div 4.4.3  
   79B.    When does div 4.4.3 apply?  
   79C.    Immunity for protected confidences in preliminary criminal  
   79D.    General immunity for protected confidences  
   79E.    Application for leave to disclose protected confidence  
   79F.    Threshold test––legitimate forensic purpose  
   79G.    Preliminary examination of protected confidence evidence  
   79H.    Giving of leave to disclose protected confidence  
   79I.    Ancillary orders for protection of person who made protected  
   79IA.   Counselled person may appear in proceeding if protected confidence sought to be  
   79IB.   Court must be satisfied counselled person is informed of rights under div  
   79J.    No waiver of protected confidence immunity  
   79K.    No protected confidence immunity for medical information  
   79L.    No protected confidence immunity for communications for criminal investigations and  
   79M.    No protected confidence immunity in case of misconduct  

           Division 4.4.4--Sexual offence proceedings—directions and warnings to juries

   80.     Comments on complainants' evidence  
   80A.    Comments on children's evidence  
   80B.    Comments about lack of, or delays in making, complaint  
   80C.    Directions about implied consent  

   PART 4.5--SPECIAL REQUIREMENTS--FAMILY VIOLENCE OFFENCE PROCEEDINGS

           Division 4.5.1--Preliminary—pt 4.5

   81.     Meaning of recorded statement—pt 4.5  

           Division 4.5.2--Family violence offence proceedings—recorded statement of police interview

   81A.    Recorded statement—requirements  
   81B.    Recorded statement—may be admitted as evidence  
   81C.    Recorded statement—hearsay rule and opinion rule  
   81D.     Validity of proceeding not affected  
   81E.    Recorded statement—represented accused person to be given copy  
   81F.    Recorded statement—unrepresented accused person to be given  
   81G.    Recorded statement—admissibility  
   81H.    Recorded statement—accused person to be given audio copy  
   81I.    Recorded statement—jury trial  
   81J.    Recorded statement—offence to publish  

           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  

CHAPTER 5--CERTAIN EVIDENCE UNDER COURT RULES NOT ADMISSIBLE

   82.     Evidence not admissible in court—neutral evaluation  
   83.     Evidence not admissible in court—expert report  
   84.     Evidence not admissible in court—meeting of experts  
   85.     Evidence not admissible in court—evidence taken in examination  

CHAPTER 6--EVIDENCE IN CRIMINAL PROCEEDINGS—DANGEROUSLY ILL PEOPLE

   90.     Meaning of dangerously ill person—ch 6  
   91.     Application—ch 6  
   92.     Recording of evidence of dangerously ill person  
   93.     Notice of evidence of dangerously ill person  
   94.     Admissibility of recording of evidence of dangerously ill person  

CHAPTER 6A--VICTIM IMPACT STATEMENTS

   95.     Definitions—ch 6  
   96.     Victim impact statements—cross-examination in principal  
   97.     Victim impact statements—use in other proceeding  

CHAPTER 7--EVIDENCE IN ANY PROCEEDINGS—OTHER MATTERS

   PART 7.1--EVIDENCE OF WITNESSES WITH DISABILITIES OR VULNERABILITIES

   100.    Meaning of witness with a disability—pt 7.1  
   101.    Child or witness with disability may have support person in court  
   102.    Witness with vulnerability may give evidence in closed court  
   103.    Making of s 101 and s 102 orders—court not bound by rules of evidence  

   PART 7.2--EVIDENCE IN ANY PROCEEDINGS--MISCELLANEOUS

   104.    Proof of document under law of Commonwealth country  

   PART 7.3--EVIDENCE IN ANY PROCEEDINGS--EXTENDED APPLICATION OF EVIDENCE ACT

   105.    Extended application of Evidence Act—interpreters  

CHAPTER 8--PUBLICATION OF EVIDENCE

   110.    Application—ch 8  
   111.    Prohibition of publication of evidence etc  
   112.    Noncompliance with s 111 order  

CHAPTER 9--MISCELLANEOUS

   120.    Approved forms  
   121.    Regulation-making power  

CHAPTER 13--TRANSITIONAL—CRIMES (DISCLOSURE) LEGISLATION AMENDMENT ACT 2024

   165.    Meaning of commencement day—ch 13  
   166.    Amendments do not apply to proceedings begun before commencement day  
   167.    Amendments apply to protected confidences made before, on or after commencement  
   168.    Expiry—ch 13  
           DICTIONARY
           ENDNOTES