EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991

Table of Provisions

• Long Title

CHAPTER 1--PRELIMINARY

• 1 Name of Act  
• 2 Dictionary  
• 3 Notes  
• 4 Offences against Act—application of Criminal Code etc  
CH--APTER 1A GROUND RULES HEARINGS—CRIMINAL PROCEEDINGS
• 4AA Definitions—ch 1A  
• 4AB Direction to hold ground rules hearing  
• 4AC Ground rules hearings—time limits  
• 4AD Ground rules hearings—who must attend  
• 4AE Ground rules hearings—intermediary's report  
• 4AF Ground rules hearings—directions  

CHAPTER 1B--WITNESS INTERMEDIARIES—CRIMINAL PROCEEDINGS

• 4AG Definitions  
• 4AH Panel of witness intermediaries  
• 4AI Functions of witness intermediaries  
• 4AJ Appointment of witness intermediary—generally  
• 4AK Appointment of witness intermediary—prescribed witnesses  
• 4AL Appointment of witness intermediary—suitability of the intermediary for the witness  
• 4AM Witness to give evidence in presence of intermediary  
• 4AN Relationship to other provisions of this Act  

CHAPTER 2--EVIDENCE OF CHILDREN

PART 2.1--DEALING WITH CHILD WITNESSES

• 4A Principles for dealing with child witnesses  

PART 2.2--EVIDENCE OF CHILDREN--AUDIOVISUAL LINKS

• 5 Definitions—pt 2.2  
• 6 Meaning of give evidence in a proceeding by audiovisual link—pt  
• 7 Sworn or unsworn evidence  
• 8 Proceedings to which pt 2.2 applies  
• 9 Child giving evidence by audiovisual link  
• 10 Representation of child  
• 11 Consequential orders—pt 2.2  
• 12 Making of orders—pt 2.2  
• 13 Jury warning about inferences from child giving evidence by audiovisual  
• 14 Failure to comply with pt 2.2  
• 15 Child turns 18 during proceeding  

CHAPTER 3--USE OF AUDIOVISUAL LINKS AND AUDIO LINKS

PART 3.1--PRELIMINARY--CH 3

• 16 Definitions—ch 3  
• 17 Application—ch 3  
• 18 Operation of other Acts  

PART 3.2--USE OF AUDIOVISUAL LINKS OR AUDIO LINKS WITH PARTICIPATING STATES IN ACT PROCEEDINGS

• 19 Application—pt 3.2  
• 20 Territory courts may take evidence and submissions from participating  
• 21 Legal practitioners entitled to practise  

PART 3.3--USE OF INTERSTATE AUDIOVISUAL LINKS OR AUDIO LINKS IN PROCEEDINGS IN PARTICIPATING STATES

• 22 Application—pt 3.3  
• 23 Recognised courts may take evidence or receive submissions from people in  
• 24 Powers of recognised courts  
• 25 Orders made by recognised court  
• 26 Enforcement of order  
• 27 Privileges, protection and immunity of participants in proceedings in courts of  
• 28 Recognised court may administer oath in ACT  
• 29 Assistance to recognised court  

PART 3.4--USE OF AUDIOVISUAL LINKS OR AUDIO LINKS WITH OTHER PLACES IN ACT PROCEEDINGS

• 31 Application—pt 3.4  
• 32 Territory courts may take evidence and submissions from another place  

PART 3.5--PROTECTION OF CERTAIN COMMUNICATIONS AND DOCUMENTS IN CRIMINAL PROCEEDINGS

• 33 Application—pt 3.5  
• 34 Protection of confidentiality  
• 35 Application of Listening Devices Act  

PART 3.6--GENERAL MATTERS

• 35A Application—pt 3.6  
• 35B Administration of oaths and affirmations by audiovisual or audio link  
• 35C Putting documents to person by audiovisual or audio link  
• 35D Premises to be considered part of territory court  
• 36 Power to order payment of costs  

CHAPTER 4--SEXUAL, VIOLENT AND FAMILY VIOLENCE OFFENCE PROCEEDINGS

PART 4.1--KINDS OF PROCEEDINGS

• 37 Meaning of proceeding—pt 4.1  
• 38 Meaning of family violence offence proceeding—ch 4  
• 38A Meaning of family violence offence—ch 4  
• 39 Meaning of less serious violent offence proceeding—ch 4  
• 40 Meaning of serious violent offence proceeding—ch 4  
• 41 Meaning of sexual offence proceeding—ch 4  

PART 4.2--WHAT SPECIAL REQUIREMENTS APPLY TO PARTICULAR PROCEEDINGS

• 42 Definitions—pt 4.2  
• 43 Special requirements—particular proceedings  
• 44 Court may inform itself about particular witnesses  
• 45 Failure to comply with ch 4  

PART 4.3--SPECIAL REQUIREMENTS--GENERAL

Division 4.3.1--Preliminary—pt 4.3

• 46 Definitions—pt 4.3  

Division 4.3.2--Special requirements—general

• 47 Accused may be screened from witness in court  
• 48 No examination of witness by self-represented accused person  
• 49 Witness may have support person in court  
• 50 Evidence to be given in closed court  

Division 4.3.3--Special requirements—audiovisual recording of police interview

• 51 Meaning of audiovisual recording—div 4.3.3  
• 52 Police interview audiovisual recording may be admitted as evidence  
• 53 Police interview audiovisual recording—notice  
• 54 Police interview audiovisual recording—notice for access  
• 55 Police interview audiovisual recording—access to accused  
• 56 Police interview audiovisual recording—admissibility  
• 57 Police interview audiovisual recording—jury trial  
• 58 Transcript of police interview audiovisual recording—access to  
• 59 Police interview audiovisual recording—offences  

Division 4.3.4--Giving evidence at pre-trial hearing

• 60 Witness may give evidence at pre-trial hearing  
• 61 Who may be present at pre-trial hearing  
• 62 Evidence of witness at pre-trial hearing to be evidence at hearing  
• 63 Witness may be required to attend hearing  
• 64 Evidence of witness at pre-trial hearing—jury trial  
• 65 Recording of witness's evidence at pre-trial hearing admissible in related  
• 66 Audiovisual recording of child's evidence—admissibility  

Division 4.3.5--Giving evidence by audiovisual link

• 67 Meaning of give evidence—div 4.3.5  
• 68 Giving evidence by audiovisual link  
• 69 Recording evidence given by audiovisual link or in courtroom  
• 70 Consequential orders—div 4.3.5  
• 71 Making of orders—div 4.3.5  
• 72 Jury warning about inferences from witness giving evidence by audiovisual  

PART 4.4--SPECIAL REQUIREMENTS--SEXUAL OFFENCE AND FAMILY VIOLENCE OFFENCE PROCEEDINGS

Division 4.4.1--Sexual offence proceedings—general

• 73 Certain evidence to be given in closed court  
• 74 Prohibition of publication of complainant's identity  
• 74A Evidence of family violence may be relevant evidence  

Division 4.4.2--Sexual offence proceedings—evidence of complainant's sexual reputation and activities

• 75 Immunity of sexual reputation  
• 76 General immunity of evidence of complainant's sexual  
• 77 Application for leave under s 76  
• 78 Decision to give leave under s 76  

Division 4.4.3--Sexual and family violence offence proceedings—protection of counselling communications

• 79 Definitions—div 4.4.3  
• 79A Meaning of protected confidence—div 4.4.3  
• 79B When does div 4.4.3 apply?  
• 79C Immunity for protected confidences in preliminary criminal  
• 79D General immunity for protected confidences  
• 79E Application for leave to disclose protected confidence  
• 79F Threshold test––legitimate forensic purpose  
• 79G Preliminary examination of protected confidence evidence  
• 79H Giving of leave to disclose protected confidence  
• 79I Ancillary orders for protection of person who made protected  
• 79J No waiver of protected confidence immunity  
• 79K No protected confidence immunity for medical information  
• 79L No protected confidence immunity for communications for criminal investigations and  
• 79M No protected confidence immunity in case of misconduct  

Division 4.4.4--Sexual offence proceedings—directions and warnings to juries

• 80 Comments on complainants' evidence  
• 80A Comments on children's evidence  
• 80B Comments about lack of, or delays in making, complaint  
• 80C Directions about implied consent  

PART 4.5--SPECIAL REQUIREMENTS--FAMILY VIOLENCE OFFENCE PROCEEDINGS

Division 4.5.1--Preliminary—pt 4.5

• 81 Meaning of recorded statement—pt 4.5  

Division 4.5.2--Family violence offence proceedings—recorded statement of police interview

• 81A Recorded statement—requirements  
• 81B Recorded statement—may be admitted as evidence  
• 81C Recorded statement—hearsay rule and opinion rule  
• 81D Validity of proceeding not affected  
• 81E Recorded statement—represented accused person to be given copy  
• 81F Recorded statement—unrepresented accused person to be given  
• 81G Recorded statement—admissibility  
• 81H Recorded statement—accused person to be given audio copy  
• 81I Recorded statement—jury trial  
• 81J Recorded statement—offence to publish  

Division 4.5.3--Recorded statement of police interview admissible as evidence—application for protection order

• 81K Recorded statement—may be admitted as evidence in application for family violence  

CHAPTER 5--CERTAIN EVIDENCE UNDER COURT RULES NOT ADMISSIBLE

• 82 Evidence not admissible in court—neutral evaluation  
• 83 Evidence not admissible in court—expert report  
• 84 Evidence not admissible in court—meeting of experts  
• 85 Evidence not admissible in court—evidence taken in examination  

CHAPTER 6--EVIDENCE IN CRIMINAL PROCEEDINGS—DANGEROUSLY ILL PEOPLE

• 90 Meaning of dangerously ill person—ch 6  
• 91 Application—ch 6  
• 92 Recording of evidence of dangerously ill person  
• 93 Notice of evidence of dangerously ill person  
• 94 Admissibility of recording of evidence of dangerously ill person  

CHAPTER 6A--VICTIM IMPACT STATEMENTS

• 95 Definitions—ch 6  
• 96 Victim impact statements—cross-examination in principal  
• 97 Victim impact statements—use in other proceeding  

CHAPTER 7--EVIDENCE IN ANY PROCEEDINGS—OTHER MATTERS

PART 7.1--EVIDENCE OF WITNESSES WITH DISABILITIES OR VULNERABILITIES

• 100 Meaning of witness with a disability—pt 7.1  
• 101 Child or witness with disability may have support person in court  
• 102 Witness with vulnerability may give evidence in closed court  
• 103 Making of s 101 and s 102 orders—court not bound by rules of evidence  

PART 7.2--EVIDENCE IN ANY PROCEEDINGS--MISCELLANEOUS

• 104 Proof of document under law of Commonwealth country  

PART 7.3--EVIDENCE IN ANY PROCEEDINGS--EXTENDED APPLICATION OF EVIDENCE ACT

• 105 Extended application of Evidence Act—interpreters  

CHAPTER 8--PUBLICATION OF EVIDENCE

• 110 Application—ch 8  
• 111 Prohibition of publication of evidence etc  
• 112 Noncompliance with s 111 order  

CHAPTER 9--MISCELLANEOUS

• 120 Approved forms  
• 121 Regulation-making power  
DICTIONARY ENDNOTES