Victorian Consolidated Regulations Victorian Consolidated RegulationsFORM 1—CERTIFICATE UNDER SECTION 128 OR 128A OF THE EVIDENCE ACT 2008
[ heading as in originating process ]
CERTIFICATE UNDER SECTION 128 OR 128A OF THE EVIDENCE ACT 2008
This Court certifies under section *128/*128A of the Evidence Act 2008 that
evidence in these proceedings by [ state name of witness ] on [ state date or
dates ], a record of which is attached to this certificate, is *evidence/
*information to which section *128(7)/*128A(8) of that Act applies.
A transcript, or other record, of the evidence is to be attached to this certificate, and duly authenticated by the court or its proper officer.
Dated:
[ Signature of Judge or magistrate ]
*delete if inapplicable
Notes
Section 128(7) of the Evidence Act 2008 provides as follows:
"(7) In any proceeding in a Victorian court or before any person or body authorised by a law of this State, or by consent of parties, to hear, receive and examine evidence—
(a) evidence given by a person in respect of which a certificate under this section has been given; and
(b) evidence of any information, document or thing obtained as a direct or indirect consequence of the person having given evidence—
cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence.".
Section 128A(8) of the Evidence Act 2008 provides as follows:
"(8) In any proceeding in a Victorian court—
(a) evidence of information disclosed by a relevant person in respect of which a certificate has been given under this section; and
(b) evidence of any information, document or thing obtained as a direct result or indirect consequence of the relevant person having disclosed that information—
cannot be used against the person. However, this does not apply to a criminal proceeding in respect of the falsity of the evidence concerned.".
FORM 2—CERTIFICATE OF CONVICTIONS, ACQUITTALS AND OTHER JUDICIAL PROCEEDINGS
CERTIFICATE OF CONVICTIONS, ACQUITTALS AND OTHER JUDICIAL PROCEEDINGS
Section 178 of the Evidence Act 2008
I, [full name] being
*a Judge of the Supreme Court;
*a Judge of the County Court;
a magistrate of the *Magistrates' Court/*Children's Court;
*the Prothonotary/*a Deputy Prothonotary of the Supreme Court;
*the Registrar/*a Deputy Registrar of the County Court;
a Registrar of the *Magistrates'/*Children's Court;
*a proper officer [ specify title ] of the [ specify jurisdiction ] Court of [ specify State or Territory or, if outside Australia, country ]
certify that, according to the records of the Court:
*1. [ name of person ] on [ date ] at [ venue of
Court ] was *convicted/
*acquitted/*sentenced.
[ Set out particulars of record, indictment, conviction, acquittal, sentence; set out time and place of conviction, acquittal or sentence .]
*2. [ name of person ] on [ date ] *is/*was a party to a proceeding before the Court.
[ Set out particulars of proceeding, including names of other parties and nature of proceeding .]
*3. ON [ date ] at [ venue of Court ] the following order was made:
[ Set out particulars of order, names of parties and nature of proceeding; set out time and place at which order was made. ]
Dated:
[ Signature of Judge/Magistrate/Prothonotary/Deputy Prothonotary/Registrar/Deputy Registrar/proper officer. ]
*delete if inapplicable
FORM 3—AFFIDAVIT OF MEMBER OF STATE OR TERRITORY POLICE FORCE CONCERNING FINGERPRINTS
[ heading as in originating process ]
AFFIDAVIT OF MEMBER OF STATE OR TERRITORY POLICE FORCE CONCERNING FINGERPRINTS
I, [ name of deponent ] of [ address of deponent ], a member of the police force of [ State or Territory ] *swear (or promise) by Almighty God [ or a god recognised by the person's religion ]/*solemnly and sincerely declare and affirm that:
1. I am a fingerprint expert for the police force of [ State or Territory ].
2. I have examined the fingerprint card marked for identification with the letter "A".
3. I have compared the fingerprints shown on that card with the fingerprints shown on the fingerprint card in the records held by the police force of [ State or Territory ] showing the fingerprints of [ name of person and alias, if any ].
4. The fingerprints on those cards are identical.
5. According to the records of the police force of [ State or Territory ], which I believe to be accurate, [ name of person ] was convicted in that *State/*Territory of the following offences: [ state offences ].
6. Annexed to this affidavit and marked with the letters [ insert an alphabetical sequence of letters, commencing at "B", corresponding to the number of annexures ], are certified copies or certificates of conviction for each of those convictions.
7. From an examination of the records referred to above, I believe that the person referred to in each annexed certified copy or certificate as having been convicted of the offence stated in it is identical with the person whose fingerprints are shown on the fingerprint cards referred to in paragraph 3 of this affidavit.
*Sworn/*Affirmed, etc .
*delete if inapplicable
FORM 4—AFFIDAVIT OF MEMBER OF AUSTRALIAN FEDERAL POLICE CONCERNING FINGERPRINTS
[ heading as in originating process ]
AFFIDAVIT OF MEMBER OF AUSTRALIAN FEDERAL POLICE CONCERNING FINGERPRINTS
I, [ name of deponent ] of [ address of deponent ], a *member/*special member/*staff member of the Australian Federal Police, *swear (or promise) by Almighty God [ or a god recognised by the person's religion ]/*solemnly and sincerely declare and affirm that:
1. I am a fingerprint expert for the Australian Federal Police.
2. I have examined the fingerprint card marked for identification with the letter "A".
3. I have compared the fingerprints shown on that card with the fingerprints shown on the fingerprint card in the records held by the Australian Federal Police showing the fingerprints of [ name of person and alias, if any ].
4. The fingerprints on those cards are identical.
5. According to the records of the Australian Federal Police, which I believe to be accurate, [ name of person ] was convicted of the following offences against a law of the Commonwealth: [ state offences ].
6. Annexed to this affidavit and marked with the letters [ insert an alphabetical sequence of letters, commencing at "B", corresponding to the number of annexures ], are certified copies or certificates of conviction for each of those convictions.
7. From an examination of the records referred to above, I believe that the person referred to in each annexed certified copy or certificate as having been convicted of the offence stated in it is identical with the person whose fingerprints are shown on the fingerprint cards referred to in paragraph 3 of this affidavit.
*Sworn/*Affirmed, etc.
*delete if inapplicable