South Australian Current Acts

EVIDENCE ACT 1929

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   4.      Interpretation
   5.      Application of Act (prima facie) to all courts and enabling only

   PART 2--Witnesses

   6.      Oaths, affirmations etc
   7.      Oaths or affirmations taken before a court
   9.      Unsworn evidence
   12.     Evidence of young children
   12A.    Warning relating to uncorroborated evidence of child in criminal proceedings
   12AB.   Pre-trial special hearings
   12AC.   Effect of orders made at pre-trial special hearing
   13.     Special arrangements for protecting witnesses from embarrassment, distress etc when giving evidence
   13A.    Special arrangements for protecting vulnerable witnesses when giving evidence in criminal proceedings
   13B.    Cross-examination of certain witnesses
   13BA.   Admissibility of recorded evidence by certain witnesses in certain criminal proceedings
   13BB.   Admissibility of recorded evidence in domestic violence proceedings
   13C.    Court's power to make audio visual record of evidence of vulnerable witnesses in criminal proceedings
   13D.    Court's power to admit evidence taken in earlier proceedings
   14.     Entitlement of a witness to be assisted by an interpreter
   14A.    Entitlement of witness to be given communication assistance in certain circumstances
   15.     Witness not disqualified by interest or crime
   16.     Parties and their spouses competent and compellable in civil proceedings
   18.     Accused persons competent to give evidence
   18A.    Abolition of right to make unsworn statement
   21.     Competence and compellability of witnesses
   22.     Certain questions may be disallowed
   23.     Rules as to relevancy
   24.     Disallowance of certain questions in cross-examination
   25.     Disallowance of inappropriate questions
   25A.    Abolition of oath belief rule
   26.      Proof of previous conviction of witness may be given
   27.     How far a party may discredit his or her own witness
   28.     Proof of contradictory statements of adverse witness
   29.     Cross-examination as to previous statements in writing
   29A.    Victim or alleged victim who is a witness entitled to be present in court unless court orders otherwise
   29B.    Prohibited direction in relation to doubts regarding truthfulness or reliability of victim's evidence
   29C.    Evidence of opinions based on specialised knowledge of child behaviour etc

   PART 3--Miscellaneous rules of evidence

           Division 1--Miscellaneous rules of evidence in general cases

   30.     As to comparison of disputed writing
   31.     Attesting witness need not be called in certain cases
   33.     Disclosure in action for defamation
   34.     Admissions by accused persons
   34A.    Proof of commission of offence
   34AB.   Identification evidence
   34C.    Admissibility of documentary evidence as to facts in issue
   34CB.   Direction relating to delay where defendant forensically disadvantaged
   34D.    Weight to be attached to evidence
   34E.    Proof of instrument to validity of which attestation is necessary
   34F.    Presumptions as to documents twenty years old
   34G.    Interpretation and savings
   34J.    Special provision for taking evidence where witness is seriously ill
   34K.    Admissibility of depositions at trial
   34KA.   Admissibility of evidence of out of court statements by unavailable witnesses
   34KB.   Credibility
   34KC.   Stopping the case where evidence is unconvincing
   34KD.   Court's general discretion to exclude evidence

           Division 2--Miscellaneous rules of evidence in sexual cases

   34L.    Evidence in sexual cases generally
   34LA.   Admissibility of evidence of out of court statements by certain alleged victims of sexual offences
   34M.    Evidence relating to complaint in sexual cases
   34N.    Directions relating to consent in certain sexual cases

           Division 3--Admissibility of evidence showing discreditable conduct or disposition

   34O.    Application of Division
   34P.    Evidence of discreditable conduct
   34Q.    Use of evidence for other purposes
   34R.    Trial directions
   34S.    Certain matters excluded from consideration of admissibility
   34T.    Severance

           Division 4--Evidence in proceedings where circumstances of family violence

   34U.    Interpretation
   34V.    Circumstances of family violence
   34W.    Evidence of family violence
   34X.    Certain expert evidence relating to nature and effect of family violence to be admissible
   34Y.    Trial directions relating to evidence of family violence
   34Z.    Review of Division and section 69A

   PART 4--Documents and other records

           Division 1--Public Acts and documents

   35.     Judicial notice of legislative instruments
   35A.    Evidence of date of assent to Act
   36.     Proof of votes and proceedings of Parliament
   37.     Evidentiary value of official publications
   37A.    Proof of Gazette
   37B.    Proof of printing or publishing by Government Printer
   37C.    Proof of Imperial orders-in-Council
   38.     Foreign and Colonial Acts of State, judgments etc provable by copies
   39.     Public documents provable by examined or certified copy
   40.     Proof of documents by examined or certified copies
   41.     Certifying a false document

           Division 2--Proof of convictions, acquittals etc

   42.     Proof of conviction or acquittal of an indictable offence
   43.     Proof of convictions and orders of courts of summary jurisdiction
   43A.    Proof of identity of person convicted in another State

           Division 3--Documents relating to ships or transport

   44.     Registers of British vessels and certificates of registry admissible as prima facie evidence of their contents
   45.     Documents relating to transportation of persons or goods

           Division 4--Banking records

   46.     Interpretation
   47.     Admission of banking record in evidence
   48.     Evidence of non-existence of account may be given by affidavit
   49.     Power to order inspection of banking records etc
   50.     Bank not compellable to produce records except under order
   51.     Costs occasioned by default of bank

           Division 5--Other documents and records

   52.     Admission of certain documents in evidence
   53.     Admission of business records in evidence

           Division 6--Matters relating to communications

   54.     Electronic communications
   55.     Telegrams and lettergrams

           Division 7--Miscellaneous

   56.     Evidence produced by processes, machines and other devices
   57.     Modification of best evidence rule

   PART 6B--Obtaining evidence from outside a court's territorial jurisdiction

   59D.    Interpretation
   59E.    Taking of evidence outside the State
   59F.    Power of South Australian Court to take evidence on request
   59G.    Depositions to be signed
   59H.    Transmission of request
   59I.    Saving provision

   PART 6C--Use of audio and audio visual links

           Division 1--Preliminary

   59IA.   Interpretation
   59IB.   Transitional
   59IC.   Application of Part

           Division 2--Use of interstate audio or audio visual link in proceedings before South Australian courts

   59ID.   Application of this Division
   59IE.   State courts may take evidence and submissions from outside State
   59IF.   Expenses
   59IG.   Counsel entitled to practise

           Division 3--Use of interstate audio or audio visual link in proceedings in participating States

   59IH.   Application of Division
   59II.   Recognised courts may take evidence or receive submissions from persons in South Australia
   59IJ.   Powers of recognised courts
   59IK.   Orders made by recognised court
   59IL.   Enforcement of order
   59IM.   Privileges, protection and immunity of participants in proceedings in courts of participating States
   59IN.   Recognised court may administer oath in South Australia
   59IO.   Assistance to recognised court
   59IP.   Contempt of recognised courts

           Division 4--Use of audio visual link or audio link generally

   59IQ.   Appearance etc by audio visual link or audio link
   59IR.   Communication between lawyer and client

   PART 7--General provisions

           Division 1--Power to dispense with formal proof

   59J.    Court's power to dispense with formal proof

           Division 2--Notice of action

   60.     Sufficiency of notice of action

           Division 3--Facilitation of proof of certain matters

   62.     Proof of "public place" in certain cases
   62A.    Proof of place being within municipality etc
   63.     Proof of foreign law
   63A.    Evidence as to foreign law
   64.     Proof of matters of history, science etc
   65.     Reference by court to books, official certificates etc
   65A.    Proof of age

           Division 4--Taking affidavits etc outside the State

   66.     Taking of affidavits out of the State
   66A.    Taking of affidavits out of the State by sailors, soldiers and airmen
   67.     Extension of provisions relating to affidavits to attestation etc of other documents

           Division 5--Admission of official documents in evidence

   67A.    Admissibility of documents without proof of seal etc

           Division 6--Power of foreign authority to take evidence

   67AB.   Taking of evidence in this State by foreign authorities

           Division 7--Select Committee evidence

   67B.    Evidence before the Parliamentary Select Committee of Inquiry into Prostitution

           Division 8--Evidence of settlement negotiations

   67C.    Exclusion of evidence of settlement negotiations

           Division 9--Protected communications

   67D.    Interpretation
   67E.    Certain communications to be protected by public interest immunity
   67F.    Evidence of protected communications

           Division 10--Sensitive material

   67G.    Interpretation and application
   67H.    Meaning of sensitive material
   67HA.   Court may give access to certain sensitive material in certain circumstances
   67I.    Procedures for giving restricted access to sensitive material
   67J.    Improper dissemination of sensitive material

           Division 11--Religious confession

   67K.    No confessional privilege in child sexual abuse matters

   PART 8--Publication of evidence

           Division 1--Preliminary

   68.     Interpretation

           Division 2--Orders for clearing court or suppressing publication of evidence etc

   69.     Order for clearing court
   69A.    Suppression orders
   69AB.   Review of suppression orders
   69AC.   Appeal against suppression order etc
   69B.    Appeals
   70.     Disobedience to orders under this Division
   71.     Attorney-General to provide annual report

           Division 3--Sexual cases

   71A.    Restriction on reporting on sexual offences

           Division 4--Cases generally

   71B.    Publishers required to report result of certain proceedings
   71C.    Restriction on reporting of proceedings following acquittals

   PART 8A--Journalists

   72.     Interpretation
   72A.    Application of Part
   72B.    No liability incurred for failure to disclose identity of informant in court proceedings
   72C.    Review of Part

   PART 9--Miscellaneous

   73.     Regulations
           SCHEDULE 1--Review of identity parade evidence
           SCHEDULE 4--Affidavit about proof of identity of person convicted in another State or Territory
           Legislative history