South Australian Current Acts

EVIDENCE ACT 1929 - SECT 34X

34X—Certain expert evidence relating to nature and effect of family violence to be admissible

        (1)         Despite any other provision of this Act, or any other Act or law, a court may, in prescribed proceedings before the court, receive expert evidence consisting of social framework evidence about family violence.

        (2)         To avoid doubt, nothing in subsection (1) limits the ability of a defendant or any other person to adduce evidence relating to the nature and effect of family violence.

        (3)         To avoid doubt, social framework evidence may include evidence relating to a particular person or to particular circumstances.

        (4)         In this section—

"prescribed proceedings" means proceedings for an offence that the defendant asserts occurred in circumstances of family violence and in which 1 or more of the following defences are raised:

            (a)         self defence;

            (b)         duress;

            (c)         sudden or extraordinary emergency;

"social framework evidence" means evidence of the nature and effect of family violence that provides context to the experiences of victims of family violence, including—

            (a)         evidence relating to the general nature and dynamics of relationships affected by family violence and the cumulative effect on the person or a family member of family violence; and

            (b)         evidence of the experiences of victims of family violence generally, to the extent that the evidence assists in understanding family violence generally; and

            (c)         such other evidence as may be necessary or appropriate to ensure a jury has an adequate understanding of family violence.