Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 21

21 Improper questions

(1) The court must disallow a question put to a witness in cross-examination or inform a witness a question need not be answered, if the court considers the question is an improper question.

(2) For subsection (1) , an improper question includes a question that—

(a) is misleading or confusing; or

(b) is unduly annoying, harassing, intimidating, offensive, oppressive, humiliating or repetitive; or

(c) is put to the witness in a manner or tone that is belittling, insulting or otherwise inappropriate; or

(d) has no basis other than a stereotype (for example, a stereotype based on the witness’s age, race, culture, gender, sex, sex characteristics, sexuality or mental, intellectual or physical disability).

(3) In deciding whether a question is an improper question, the court must take into account—

(a) any relevant condition or characteristic of the witness of which the court is, or is made, aware, including age, race, culture, gender identity, sex, sex characteristics, sexuality, education, language background and skills and level of maturity and understanding; and

(b) any mental, intellectual or physical disability to which the witness is, or appears to be, subject and of which the court is, or is made, aware; and

(c) the context in which the question is put, including—

(i) the nature of the proceeding; and

(ii) in a criminal proceeding—the nature of the offence to which the proceeding relates; and

(iii) the relationship (if any) between the witness and any other party to the proceeding.

(4) Subsection (3) does not limit the matters the court may take into account in deciding whether a question is an improper question.

(5) A question is not an improper question merely because—

(a) the question challenges the truthfulness of the witness or the consistency or accuracy of any statement made by the witness; or

(b) the question requires the witness to discuss a subject that the witness could consider to be private or distasteful.

(6) A party may object to a question put to a witness on the ground that it is an improper question.

(7) However, the duty imposed on the court by this section applies whether or not an objection is raised to a particular question.

(8) A failure by the court to disallow a question under this section, or to inform the witness that it need not be answered, does not affect the admissibility in evidence of any answer given by the witness in response to the question.