EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991
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
