Australian Capital Territory Consolidated Acts

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Name of Act  
   2.      Dictionary  
   3.      Notes  
   4.      Offences against Act—application of Criminal Code etc  

   PART 2--EVIDENCE OF CHILDREN

   5.      Definitions—pt 2  
   6.      Sworn or unsworn evidence  
   7.      Application—pt 2  
   8.      Location of prescribed witness giving evidence  
   9.      Consequential orders  
   10.     Jury warning about adverse inference  
   11.     Representation of child  
   12.     Court's discretions about orders  
   13.     Amendment or revocation of order  
   14.     Failure to comply with pt 2  
   15.     Child turning 18 during proceeding  

   PART 3--USE OF AUDIOVISUAL LINKS AND AUDIO LINKS

           Division 3.1--Preliminary—pt 3

   16.     Definitions—pt 3  
   17.     Application—pt 3  
   18.     Operation of other Acts  

           Division 3.2--Use of interstate audiovisual links or audio links in proceedings before territory courts

   19.     Application—div 3.2  
   20.     Territory courts may take evidence and submissions from outside ACT  
   21.     Legal practitioners entitled to practise  

           Division 3.3--Use of interstate audiovisual links or audio links in proceedings in participating States

   22.     Application—div 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  

           Division 3.4--Use of audiovisual links or audio links between territory courts and places in ACT

   31.     Application—div 3.4  
   32.     Use of link in proceedings  

           Division 3.5--Protection of certain communications and documents in criminal proceedings

   33.     Application—div 3.5  
   34.     Protection of confidentiality  
   35.     Application of Listening Devices Act  

           Division 3.6--Costs and expenses

   36.     Power to order payment of costs  

   PART 4--EVIDENCE IN CRIMINAL PROCEEDINGS

           Division 4.1--Preliminary—pt 4

   37.     Definitions—pt 4  

           Division 4.2--Sexual and violent offence proceedings—general

   38.     Meaning of complainant and sexual offence proceeding for div  
   38A.    Meaning of violent offence proceeding—div 4.2  
   38B.    Meaning of relevant person—div 4.2  
   38BA.   Meaning of relative—div 4.2  
   38C.    Accused may be screened from witness in court  
   38D.    Examination of witness by self-represented accused  
   38E.    Witness may have support person in court  
   39.     Sexual and violent offence proceeding—evidence to be given in closed  
   40.     Sexual offence proceeding—prohibition of publication of complainant's  

           Division 4.2A--Sexual and violent offence proceedings—audiovisual recording of police interview admissible as evidence

   40A.    Meaning of complainant—div 4.2A  
   40B.    Meaning of sexual offence proceeding—div 4.2A  
   40C.    Meaning of violent offence proceeding—div 4.2A  
   40D.    Meaning of witness—div 4.2A  
   40E.    Meaning of audiovisual recording—div 4.2A  
   40F.    Audiovisual recording may be admitted as evidence  
   40G.    Audiovisual recording—notice  
   40H.    Audiovisual recording—notice for access  
   40I.    Audiovisual recording—access to accused person  
   40J.    Audiovisual recording—admissibility  
   40K.    Audiovisual recording—jury trial  
   40L.    Transcript of audiovisual recording—access to court  
   40M.    Audiovisual recording—offences  

           Division 4.2B--Sexual offence proceedings—giving evidence at pre-trial hearing

   40N.    Meaning of complainant—div 4.2B  
   40O.    Meaning of sexual offence proceeding—div 4.2B  
   40P.    Meaning of witness—div 4.2B  
   40Q.    Witness may give evidence at pre-trial hearing  
   40R.    Who may be present at pre-trial hearing  
   40S.    Evidence of witness at pre-trial hearing to be evidence at hearing  
   40T.    Witness may be required to attend hearing  
   40U.    Evidence of witness at pre-trial hearing—jury trial  
   40V.    Recording of witness's evidence at pre-trial hearing admissible in related  
   40W.    Audiovisual recording of child's evidence—admissibility  

           Division 4.3--Sexual and violent offence proceedings—giving evidence from places other than courtrooms

   41.     Meaning of complainant and sexual offence proceeding for div  
   41A.    Meaning of violent offence proceeding—div 4.3  
   42.     When does div 4.3 apply?  
   43.     Giving evidence from place other than courtroom  
   44.     Consequential orders under div 4.3  
   45.     Making of orders under div 4.3  
   46.     Jury to be warned about adverse inferences  
   47.     Failure to comply with div 4.3  

           Division 4.4--Evidence of complainant's sexual reputation and activities

   48.     Meaning of complainant and sexual offence proceeding for div  
   49.     When does div 4.4 apply?  
   50.     Immunity of sexual reputation  
   51.     General immunity of evidence of complainant's sexual  
   52.     Application for leave under s 51  
   53.     Decision to give leave under s 51  

           Division 4.5--Protection of counselling communications

   54.     Definitions—div 4.5  
   55.     Meaning of protected confidence for div 4.5  
   56.     When does div 4.5 apply?  
   57.     Immunity for protected confidences in preliminary criminal  
   58.     General immunity for protected confidences  
   59.     Application for leave to disclose protected confidence  
   60.     Threshold test––legitimate forensic purpose  
   61.     Preliminary examination of protected confidence evidence  
   62.     Giving of leave to disclose protected confidence  
   63.     Ancillary orders for protection of person who made protected  
   64.     No waiver of protected confidence immunity  
   65.     No protected confidence immunity for medical information  
   66.     No protected confidence immunity for communications for criminal investigations and  
   67.     No protected confidence immunity in case of misconduct  

           Division 4.6--Sexual offence proceedings—directions and warnings to juries

   68.     Meaning of complainant and sexual offence proceeding for div  
   69.     Comments on complainants' evidence  
   70.     Comments on children's evidence  
   71.     Comments about lack of, or delays in making, complaint  
   72.     Directions about implied consent  
   73.     Directions about mistaken belief about consent  

           Division 4.7--Family objections

   74.     Application—div 4.7  
   75.     Family objections to giving evidence  
   76.     Time to make family objection  
   77.     Person to be made aware of right to make family objection  
   78.     Family objections to be heard in absence of jury  
   79.     Matters court may consider in deciding family objection  
   80.     Prosecution not to comment about family objections  
   81.     Comments by judge and parties about failure to give evidence by family  

           Division 4.8--Proceedings against young people

   81A.    Exclusion of evidence unlawfully obtained  

   PART 4A--EVIDENCE IN ANY PROCEEDINGS

   81B.    Meaning of witness with a disability—pt 4A  
   81C.    Witness may have support person in court  
   81D.    Evidence given in closed court  

   PART 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  

   PART 6--PUBLICATION OF EVIDENCE

   90.     Application—pt 6  
   91.     Prohibition of publication of evidence etc  
   92.     Noncompliance with s 91 order  

   PART 7--MISCELLANEOUS

   100.    Approved forms  
   101.    Regulation-making power  

   PART 10--TRANSITIONAL--SEXUAL AND VIOLENT OFFENCES LEGISLATION AMENDMENT ACT 2008

   150.    Application of amendments  
   151.    Expiry—pt 10  
           DICTIONARY
           ENDNOTES