Western Australian Current Acts

WORK HEALTH AND SAFETY ACT 2020 - SECT 232A

232A .         Admission of evidence obtained unlawfully

        (1)         This section applies to any proceedings for an offence against this Act in relation to any evidence that would, apart from this section, be inadmissible in the proceedings because it was obtained by, or as a result of, unlawful conduct.

        (2)         The court may decide to admit the evidence if it is satisfied that the desirability of admitting the evidence outweighs the undesirability of admitting the evidence.

        (3)         In making a decision under subsection (2), the court must take into account the following matters —

            (a)         any objection to the evidence being admitted by the person against whom the evidence may be given;

            (b)         the seriousness of the offence;

            (c)         the seriousness of the unlawful conduct;

            (d)         whether the unlawful conduct —

                  (i)         was engaged in by a person knowing the conduct to be unlawful; or

                  (ii)         arose from an honest and reasonable mistake of fact;

            (e)         the probative value of the evidence;

            (f)         any other matter the court thinks fit.

        (4)         The probative value of the evidence does not by itself justify its admission.