EVIDENCE ACT 1906

Western Australian Current Acts

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EVIDENCE ACT 1906

TABLE OF PROVISIONS

Long Title

1. Short title
3. Terms used
4. Application of Act
5A. Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies
5. This Act not to derogate from existing powers
6. Witnesses interested or convicted of offence
7. Parties to civil proceedings and spouses and ex-spouses of parties
8. Accused persons in criminal cases
9. Spouses and ex-spouses of accused persons in criminal cases
11. Court may compel answer to incriminating question
11A. Judge may restrict publication of evidence where s. 11 certificate given
12. Witnesses in revenue cases may be compelled to give evidence
13. Certificate under s. 12 may be pleaded in bar to prosecution
14. Customs prosecutions, accused compellable
15. Persons may be examined without subpoena
16. Witnesses failing to attend trial
17. Procedure on non-appearance of witness
18. Communications during marriage
19. Evidence of non-access
19A. Terms used
19B. Protected communications recorded electronically
19C. Protected communications not to be disclosed in criminal proceedings except with leave of court
19D. Procedure on hearing of application for leave
19E. Application for leave to be dismissed if there is no legitimate forensic purpose for it
19F. Determination of application
19G. Public interest test
19H. Effect of consent
19I. Loss of sexual assault communications privilege: misconduct
19J. Ancillary orders
19K. Inadmissibility of evidence that must not be adduced or given
19L. Application of other laws
19M. Regulations as to disclosure of protected communications
20A. Terms used
20B. Application of protection provisions (PCR)
20C. Exclusion of evidence of protected confidences
20D. Loss of professional confidential relationship protection: consent
20E. Loss of professional confidential relationship protection: misconduct
20F. Ancillary orders
20G. Terms used
20H. Application of protection provisions (journalists)
20I. Protection of identity of informants
20J. Direction to give identifying evidence
20K. Effect of misconduct as to directions
20L. Identifying informant with consent
20M. Ancillary orders
20. How far a party may discredit his own witness
21. Cross-examination as to and proof of prior inconsistent statement
22. Procedure for purposes of s.
23. Cross-examination as to and proof of previous conviction
24. Questions tending to criminate
25. Cross-examination as to credit
25A. Cross-examination by accused in person
26. Improper questions
27. Prohibited questions not to be published
27A. Form of evidence
27B. Manner of giving voluminous or complex evidence
29. Intention to defraud, proof of
30. Proof by attesting witness unnecessary in certain cases
31. Comparison of disputed hand-writing
31A. Propensity and relationship evidence
32. Admissions by accused persons in criminal cases
32A. Derogation of privilege in civil proceedings
35. Perjury charge, corroboration not required
36. Perjury charge, proof of trial etc.
36A. Terms used
36B. Sexual reputation of complainant, evidence of
36BA. Sexual disposition of complainant, evidence of
36BC. Sexual experience of complainant, evidence of
36BD. Lack of complaint, jury warning about
36BE. Expert evidence of child behaviour
36C. Names of complainants not to be published
37. Terms used
38. What may constitute evidence of family violence
39. Expert evidence of family violence
39A. Evidence of family violence -- general provision
39B. Evidence of family violence -- self-defence
39C. Request for direction on family violence -- self-defence
39D. Request for direction on family violence -- general provision
39E. Content of direction on family violence
39F. Additional matters for direction on family violence
39G. Application of s. 39E and 39F to criminal proceedings without juries
40. Customs prosecutions, effect of averments in
41. Customs prosecutions, proof of appointment of officers
41A. Stealing and receiving charges, evidence of ownership of property stolen from ships, wharves etc.
42. Evidence on trial for defamation
44. Stealing charges, proof of receipt of money by accused, proof of general deficiency
45. Seals and stamps for the revenue or post office, proof of
46. Receiving charges, proof of knowledge that goods were stolen
46A. Sunrise and sunset, proof of
47. Conviction, acquittal and identity, proof of
49. Actions for seduction
50. Corroboration warnings not generally required
50A. Transcripts, proof of
50B. DNA evidentiary certificate
51. Prisoner required to give evidence may be brought up on order
52. Expense of bringing up prisoner
53. Commonwealth and States etc., and their Acts to be judicially noticed
54. Seals of the Commonwealth and States to be judicially noticed
55. Official seals to be judicially noticed
56. Certain signatures to be judicially noticed
57. United Kingdom proclamations, regulations etc., proof of
58. Australasian proclamations, regulations etc., proof of
59. Customs Act 1901 (Cwlth) proclamations, regulations etc., proof of
60. Australian States’ proclamations and acts of State, proof of
61. WA proclamations, regulations etc., proof of
62. Documents admissible in United Kingdom etc. to be admissible in WA
63. Foreign States’ proclamations, acts of State etc., proof of
64. Foreign States’ proclamations etc. admissible even if not sealed
65. Copies of public documents admissible in some cases
65A. Certified photographs from library admissible
66. Parliamentary proceedings in Australasia, proof of
67. Certain documents admissible without proof of signature, seal etc.
68. Register of British vessels etc., proof of
69. Newspaper proprietors, proof of register of
69A. WA registers, proof of
70. Statutes etc. of any country, proof of
71. Certain law reports and texts may be referred to as evidence of laws
72. Authoritative texts on history, science etc., reference to
73. Documents admitted into evidence may be impounded
73A. Reproductions admissible (best evidence rule modified)
73B. Certified reproductions of certain public documents etc., admissible without further proof
73BA. Authenticated copies of certain public documents etc. admissible without further proof
73N. Reproductions of documents over 30 years old, presumptions as to
73Q. Reproduced official seals and signatures to be judicially noticed
73U. Reproduction admissible subject to Stamp Act 1921 or Duties Act 2008
74. Gazettes of certain places, proof of
75. Government Printers’ publications, proof of
76. Her Majesty’s Stationery Office publications, status of
77. Acts of governors and ministers of States, proof of
78. Local laws, by-laws and regulations, proof of
79. Incorporation of a company, proof of
79A. Document requiring attestation, proof of
79B. Terms used
79C. Documentary evidence, admissibility of
79D. Evidence admitted under s. 79C, weight and effect of
79E. Qualified person, evidence as to credibility of
79F. Dispute as to happening of event
80. Judgments, orders etc., proof of
81. Documents properly authenticated to be given faith and credit
89. Banker’s book entries are evidence of transactions etc.
90. Banker’s books, proof of
91. Banker’s books, copies to be certified
92. Bank accounts, bank officer may give evidence about
92A. Australian and foreign banks, application to of s. 89 to
93. Bank officers not compellable in some cases
94. Banker’s books, Supreme Court may order inspection of
95. Costs under s. 93 and
96. Supreme Court judge’s powers may be exercised by other judicial officers
97. Evidence to be on oath except in some cases
100A. Oath may be dispensed with in some cases
102. Interpreters, oaths etc. for
103. Interpreters, oath etc. may be dispensed with
104A. Person appointed by foreign court etc. may take or receive evidence and administer oath
105. Oaths, Affidavits and Statutory Declarations Act 2005, application of
106A. Terms used
106B. Children under 12 may give sworn evidence
106C. Child under 12 and mentally impaired witness may give unsworn evidence
106D. Corroboration warning on evidence of child not to be given
106E. Child witness entitled to support
106F. Child witness may be given assistance
106G. Cross-examination of protected witness by unrepresented accused
106H. Child’s statement to another admissible in Sch. 7 proceedings
106HA. Visual recording of interviews with children and persons with mental impairment
106HB. Admissibility in criminal proceedings of visual recording of interview with child or person with mental impairment
106HC. Regulations about visual recording of interviews with children and persons with mental impairment
106HD. Admissibility of visually recorded interviews generally
106I. Visual recording of child’s evidence, application for directions
106K. Child’s evidence in full, special hearing to take and record
106M. Recording not to be altered without approval
106MA. Unauthorised possession or dealing in video-taped evidence
106MB. Broadcast of video-taped evidence prohibited
106N. Video links or screening arrangements may be used
106O. Court may order that s. 106N does not apply
106P. Instructions to be given to jury
106Q. Identification of accused by child or special witness
106R. Special witnesses, measures to assist
106RA. Visually recording evidence of witnesses in criminal matters
106S. Special hearings to consider what orders should be made
106T. Use of recordings made under s. 106K or 106N
109. Terms used
110. Superior courts may make orders for obtaining evidence
111. Supreme Court may make orders for obtaining evidence for inferior courts
112. Exclusion of evidence in criminal proceeding
113. Operation of other laws
114. Regulations and rules of court for s. 109 to
115. Terms used
116. Application to Supreme Court for assistance in obtaining evidence for proceedings in other court
117. Supreme Court may make orders to assist in obtaining evidence
118. Privilege of witnesses
118A. Rules of court for s. 116 to
118B. Offence
118C. Operation of other laws
119. Service as witness etc., payments for
120. Terms used
121. WA court may take evidence or receive submission by video link or audio link
122. Counsel entitled to practise
123. Recognized court may take evidence or receive submission from person in this State
124. Recognized court’s powers
125. Recognized court may make orders
126. Enforcement of order under s.
127. Privileges, protection and immunity of participants in proceedings in recognized court
128. Recognized court may administer an oath in the State
129. Assistance to recognized court
130. Contempt of recognized court
131. Regulations for fees and expenses relating to use of video link or audio link
132. Operation of other laws
133. Regulations and rules of court for purposes of Courts and Tribunals (Electronic Processes Facilitation) Act 2013 PART
134. Review of amendment made by Family Violence Legislation Reform Act 2020
SECOND SCHEDULE
FOURTH SCHEDULE
FIFTH SCHEDULE
SIXTH SCHEDULE
SCHEDULE 7

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