Victorian Current Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Download]
[Help]
EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
TABLE OF PROVISIONS
1. Short title and commencement
3. Definitions
PART I--THE MEANS OF OBTAINING EVIDENCE
Division 1--Orders and commissions to examine witnesses
4. Order to examine witnesses
6. Operation of other laws
Division 1A--Examination of witnesses abroad
9A. Definitions
9B. Proceedings in superior courts
9C. Proceedings in inferior courts
9D. Exclusion of evidence in criminal proceeding
9E. Operation of other laws
Division 1B--Examination of witnesses outside the State but within Australia
9F. Application of Division
9G. Definitions
9H. Proceedings in superior courts
9I. Proceedings in inferior courts
9J. Exclusion of evidence in criminal proceedings
9K. Operation of other laws
Division 1C--Taking of evidence for foreign and Australian courts[1]
9L. Definitions
9M. Application to the Supreme Court for assistance in obtaining evidence for proceedings in other court
9N. Power of the Supreme Court to give effect to application for assistance
9O. Privilege of witnesses
9P. Offence
9Q. Operation of other laws
Division 3--Prisoners
12. Prisoner may be brought before court to give evidence without writ of habeas corpus
Division 6--Disclosure of information relating to applications for legal aid
21D. Definitions
21E. Disclosure of information etc. relating to proposed applications
21F. Disclosure of information etc. relating to applications
21G. Disclosure of information etc. where applicant has died
21H. Application of this Division
Division 7--Family mediations
21I. Definitions
21J. Admissions etc. made at mediation conferences
Division 8--Dispute settlement centres[3]
21K. Definitions
21L. Admissions etc. at mediation conferences
21M. Confidentiality
21N. Exoneration from liability
PART II--WITNESSES
Division 2--Privileges disabilities and obligations of witnesses
28. Confessions to doctors
Division 2A--Confidential communications and protected health information
32AB. Guiding principles
32B. Definitions
32BA. Meaning of protected health information
32C. Exclusion of evidence of confidential communications and protected health information
32CA. Applicant for leave must give notice—civil proceedings
32CB. Persons other than parties appearing and making submissions as to leave—civil proceedings
32CC. Applicant for leave must give notice—criminal proceedings
32CD. Prosecuting party to ensure notice is given to protected person—criminal proceedings
32CE. Persons other than parties appearing and making submissions as to leave—criminal proceedings
32CF. Production of document for purposes of determining application for leave
32D. Restriction on granting leave
32E. Limitations on privilege
32F. Ancillary orders available on a granting of leave
32G. Operation of Division
PART IIAA--WITNESS IDENTITY PROTECTION
Division 1--Introductory
42BA. Definitions
Division 2--Witness identity protection certificates for local operatives
42BB. Giving witness identity protection certificate
42BC. Statutory declaration by local operative
42BD. Form of witness identity protection certificate
42BE. Protection of decision to give certificate
42BF. Cancellation of witness identity protection certificate
42BG. Permission to give information disclosing operative's identity etc.
42BH. Disclosure offences
42BI. Reports about witness identity protection certificates
42BJ. Delegation
Division 3--Interstate witness identity protection certificates
42BK. Application of Division
42BL. Filing and notification
42BM. Effect of interstate witness identity protection certificate
42BN. Orders to protect interstate operative's identity etc.
42BO. Disclosure of interstate operative's identity to presiding officer
42BP. Application for disclosure of interstate operative's identity etc.
42BQ. Suppression and protection orders
42BR. Directions to jury
42BS. Disclosure offences
PART IIA--USE OF AUDIO VISUAL AND AUDIO LINKS[5]
Division 1--Definitions
42C. Definitions
Division 2--Persons other than accused
42D. Application of Division
42E. Appearance, etc. by audio visual link or audio link
42F. Special provisions applicable to certain proceedings involving children
42G. Technical requirements for audio visual links and audio links
42H. Costs
42I. Certain other laws not affected
Division 3--Appearance by the accused
42J. Application of Division
42JA. Appearance of adult accused before Magistrates' Court
42K. Appearance of adult accused before court other than Magistrates' Court
42L. Making of direction for physical appearance in section 42JA or 42K(1) proceedings
42M. Making of direction for audio visual appearance in section 42JA or 42K(2) proceedings
42MAA. Making of direction for audio visual appearance in section 42JA(3) proceedings
42MA. Appearance of adult accused in proceedings other than section 42JA or 42K proceedings
42N. Application for making of direction under section 42MA
42O. Appearance before court of accused who is a child
42P. Making of direction for audio visual appearance by child
42R. Technical requirements for audio visual appearance by accused
42RA. Audio link appearance by accused in certain circumstances
42RB. Technical requirements for audio link appearance by accused
42S. Protection of communication between accused and legal representative
42T. Application of Surveillance Devices Act 1999
Division 4--General
42U. Putting documents to a remote person
42UA. Practice directions
42W. Application of laws about witnesses, etc.
42X. Arraignment
42Y. Hearing not invalid because of failure to comply with technical requirements
42YA. Repeal of temporary COVID-19 measures
PART III--PROOF OF DOCUMENTS, PROOF OF FACTS BY DOCUMENTS AND DOCUMENT UNAVAILABILITY
Division 2A--Reproductions of documents
53Q. Micro-film etc. may be preserved in lieu of document
Division 4--Further provisions relating to Australasian documents
59. Definitions
Division 5--Further provisions relating to Victorian documents
70. Mode of proving proclamations, orders and regulations of Board of Land and Works
71. Government Gazette to be evidence of act of Board of Land and Works
74. Evidence of contents of will
Division 6--Judicial notice
80. Judicial notice of certain seals etc
81. Effect of judicial or official notice
Division 9--Document unavailability
89A. Meaning of unavailability of document
89B. Court may make ruling or order
89C. Matters the court must consider
89D. Relationship of this Division with VCAT Act
89E. Operation of Public Records Act 1973
89F. Division to be in addition to Evidence Act 2008
PART IV--PARTICULAR AFFIDAVITS
Division 12--Miscellaneous
126B. False or misleading statement as to swearing etc. of affidavit
PART VI--RECORDING OF EVIDENCE
130. Power to person acting judicially to direct that evidence be recorded
131. As to methods of recording evidence
134. Persons recording evidence under this Part to be officers of the court
135. Records made under this Part to be received as prima facie evidence of matter therein contained
137. Penalty for falsely recording evidence
140. Power to Governor in Council to regulate fees
PART VII--OFFENCES RELATING TO FALSE DOCUMENTS AND FALSE CERTIFICATES
142. Forgery, using etc. false documents an indictable offence
143. Printing or using documents falsely purporting to be printed by government printer an indictable offence
144. Giving false certificates an indictable offence
145. Interpretation provisions to apply to this Part
PART VIII--MISCELLANEOUS
149A. Admissions of fact in confiscation proceedings
151A. Supreme Court—limitation of jurisdiction
152. Regulations
155. Transitional provision—Magistrates' Court (Committal Proceedings) Act 2000
156A. Transitional provision—Sentencing (Further Amendment) Act 2005
Division 3A--of Part II, inserted by section 9 of the Sentencing (Further Amendment) Act 2005, applies to a proceeding for an offence commenced on or after the commencement of that section, regardless of when the offence is alleged to have been committed.
158A. Transitional provision—Crimes (Sexual Offences) Act 2006
159. Transitional provision—Crimes (Sexual Offences) (Further Amendment) Act 2006
160. Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008
161. Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
162. Transitional provision—interpretation of references
163. Transitional provision—Criminal Procedure Act 2009
164. Transitional provision—Inquiries Act 2014
165. Validation of certain acts and documents
166. Transitional provision—Jury Directions and Other Acts Amendment Act 2017
Division 4--of Part IIA as amended by section 19 of the Jury Directions and Other Acts Amendment Act 2017 applies to a criminal trial that commences (within the meaning of section 210 of the Criminal Procedure Act 2009) on or after the day on which section 19 of the Jury Directions and Other Acts Amendment Act 2017 comes into operation.
166A. Transitional provision—COVID-19 Omnibus (Emergency Measures) Act 2020
167. Transitional provision—Justice Legislation Amendment (System Enhancements and Other Matters) Act 2021
168. Transitional provision—Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022
SECOND SCHEDULE
ENDNOTES
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback