EVIDENCE ACT 1977 - As at 19 February 2024 - Act 47 of 1977
- As at 19 February 2024
- Act 47 of 1977
Table of Provisions
PART 1 - PRELIMINARY
PART 2 - WITNESSES
Division 1 - Who may testify
- 6 Witnesses interested or convicted of offence
- 7 Parties, their wives and husbands as witnesses
- 8 Witnesses in a criminal proceeding
Division 1A - Competency of witnesses and capacity to be sworn
- 9 Presumption as to competency
- 9A Competency to give evidence
- 9B Competency to give sworn evidence
- 9C Expert evidence about witness’s ability to give evidence
- 9D Evidence admitted under s 9A
Division 1B - Special provisions for child witnesses
- 9E Principles for dealing with a child witness
Division 2 - Privileges and obligations of witnesses
- 10 Privilege against self-incrimination
11. (Repealed)
- 12 Admissibility of evidence as to access by husband or wife
- 13 Compellability of parties and witnesses as to evidence of adultery
- 14 Abolition of certain privileges
Division 2A - Sexual assault counselling privilege
Subdivision 1 - Preliminary
- 14A Meaning of protected counselling communication
- 14B Other definitions for division
Subdivision 2 - Committal and bail proceedings
- 14C Application of subdivision
- 14D Sexual assault counselling privilege
Subdivision 3 - Other proceedings
- 14E Application of subdivision
- 14F Sexual assault counselling privilege
- 14G Application for leave
- 14H Deciding whether to grant leave
Subdivision 4 - Waiver or loss of privilege
- 14I Waiver of privilege by counselled person
- 14J Loss of privilege if communication made in commission of offence
Subdivision 5 - General provisions
- 14K Court to inform of rights
- 14L Standing of counsellor and counselled person
- 14M Deciding whether document or evidence is protected counselling communication
- 14N Ancillary orders
- 14O Application of division despite Justices Act 1886
- 14P Application of privilege in civil proceedings
Division 2B - Journalist privilege
Subdivision 1 - Preliminary
- 14Q Application of division
- 14R Who is a journalist
- 14S Meaning of relevant proceeding
- 14T Definitions for division
Subdivision 2 - Relevant proceedings
- 14U Application of subdivision
- 14V Journalist privilege relating to identity of informants
- 14W Claims of journalist privilege at hearings of relevant proceedings
- 14X Applications for orders requiring giving of evidence despite journalist privilege
- 14Y Deciding applications under s 14X
- 14Z Objections to disclosure requirements on grounds of journalist privilege
- 14ZA Other orders court may make
- 14ZB Court to inform of particular rights
Subdivision 3 - Search warrants
- 14ZC Application of subdivision
- 14ZD Procedures if objections made
- 14ZE Applications to Supreme Court in relation to objections
- 14ZF Decisions on applications
- 14ZG Other orders court may make
Division 3 - Examination and cross-examination of witnesses
- 15 Questioning a person charged in a criminal proceeding
- 15A Questioning of witness as to certain convictions
- 16 Witness may be questioned as to previous conviction
- 17 How far a party may discredit the party’s own witness
- 18 Proof of previous inconsistent statement of witness
- 19 Witness may be cross-examined as to written statement without being shown it
- 20 Cross-examination as to credit
- 21 Improper questions
Division 4 - Evidence of special witnesses
- 21A Evidence of special witnesses
- 21AAA Exclusion of particular persons while particular evidence is presented
Division 4A - Evidence of affected children
Subdivision 1 - Preliminary
- 21AA Purposes of div 4A
- 21AB How purposes are to be achieved
- 21AC Definitions for div 4A
- 21AD Meaning of child
Subdivision 2 - Committal proceeding
- 21AE Application of sdiv 2
- 21AF Evidence-in-chief
- 21AG Cross-examination
- 21AH Limitation on cross-examination
Subdivision 3 - Prerecording of affected child’s evidence
- 21AI Application of sdiv 3
- 21AJ Presentation of indictment
- 21AK Videorecording of affected child’s evidence
- 21AL Court to give directions for taking an affected child’s evidence
- 21AM Use of prerecorded evidence
- 21AN Giving of further evidence
- 21AO Court order that evidence not to be taken and recorded under this sdiv
Subdivision 4 - Taking of affected child’s evidence using audio visual link or screen
- 21AP Application of sdiv 4
- 21AQ Audio visual links or screening arrangements must be used
- 21AR Court may order that s 21AQ does not apply
Subdivision 5 - General
- 21AS Prosecutor or applicant to advise that an affected child is to give evidence
- 21AT Identification of persons or things by affected child
- 21AU Exclusion of public
- 21AV Affected child entitled to support
- 21AW Instructions to be given to jury
- 21AX Orders, directions and rulings concerning affected child witnesses
Division 4AA - Use of soundtracks from particular videorecordings
- 21AXA Definition for division
- 21AXB Meaning of usable soundtrack
- 21AXC Court may make order for presentation of usable soundtrack
- 21AXD Use of usable soundtrack
Division 4B - Dealings with, and destruction of, recordings
Subdivision 1 - Preliminary
- 21AY Definitions for div 4B
Subdivision 2 - Dealings with recordings
- 21AZ Approval to edit or otherwise change a recording
- 21AZA Court to give directions about the use or safekeeping of a recording
- 21AZB Unauthorised possession of, or dealing with, recording
- 21AZC Publishing a recording prohibited
Subdivision 3 - Destruction of recordings
- 21AZD Relationship with other Acts
- 21AZE Making of practice directions authorising destruction
- 21AZF Court may make order about destruction
- 21AZG Destruction of particular digital recordings
- 21AZH Delegation by principal registrar
Division 4C - Intermediaries
Subdivision 1 - Preliminary
- 21AZI Definitions for division
- 21AZJ Meaning of relevant proceeding
- 21AZK References to particular matters
Subdivision 2 - Appointment and functions
- 21AZL Appointment
- 21AZM Functions
- 21AZN Oath before performing particular functions
Subdivision 3 - Directions hearings
- 21AZO Application of subdivision
- 21AZP Directions for holding directions hearings
- 21AZQ Attendance at directions hearing
- 21AZR Functions of intermediary at directions hearing
- 21AZS Court may give directions
Subdivision 4 - Giving of evidence and jury instructions
- 21AZT Way evidence of witness to be given
- 21AZU Instructions to be given to jury
Subdivision 5 - Intermediaries panel
- 21AZV Chief executive to establish intermediaries panel
- 21AZW Removal of person from intermediaries panel
- 21AZX Criminal history report
- 21AZY Confidentiality of criminal history information
Division 5 - Witness identity protection
Subdivision 1 - Preliminary
- 21B Purposes of div 5
- 21C Definitions for div 5
- 21D Application of div 5 to lawyer of party to a proceeding
Subdivision 2 - Witness identity protection certificates for operatives
- 21E Application of sdiv 2
- 21F Giving witness identity protection certificate
- 21G Form of witness identity protection certificate
- 21H Filing and notification
- 21I Effect of witness identity protection certificate
- 21J Orders to protect operative’s identity etc.
- 21K Disclosure of operative’s identity etc. despite certificate
- 21KA Directions to jury
- 21KB Witness identity protection certificate—cancellation
- 21KC Permission to give information disclosing operative’s identity etc.
- 21KD Disclosure offences
- 21KE Review of giving of witness identity protection certificate by police service
- 21KF Giving information about witness identity protection certificates
- 21KG Report about witness identity protection certificates
- 21KH Recognition of witness identity protection certificates under corresponding laws
Subdivision 3 - General
- 21KI Delegation
Division 6 - Cross-examination of protected witnesses
- 21L Application of division 6
- 21M Meaning of protected witness
- 21N No cross-examination of protected witness by person charged
- 21O Procedure for cross-examination of protected witness if person charged has no legal representative
- 21P Legal assistance for cross-examination of protected witness
- 21Q Satisfaction of Criminal Code, section 616
- 21R Jury direction
- 21S Orders, directions and rulings concerning protected witnesses
PART 3 - MEANS OF OBTAINING EVIDENCE
Division 1 - Commissions, requests and orders to examine witnesses
- 22 Commission, request or order to examine witnesses
- 23 Commission or order in criminal cases
- 24 Power of person appointed by foreign authority to take evidence and administer oaths
Division 2 - Summary procedure to obtain evidence for Queensland or other jurisdictions
- 25 Definitions for div 2
- 26 Power of Queensland court to request corresponding court in a prescribed country to take evidence for use in Queensland court
- 27 Power to take evidence on request from corresponding court of a prescribed country
- 28 Summons of witnesses
- 29 Examination
- 30 Objections
- 31 Depositions to be signed
- 32 Power of Queensland court to transmit requests to other places
- 33 Saving as to personal attendance
34. (Repealed)
Division 3 - General procedure to obtain evidence for other jurisdictions
- 35 Definitions for div 3
- 35A Application of division to Crown
- 36 Application to Supreme Court to obtain evidence for civil proceedings in another jurisdiction
- 37 Power of Supreme Court to give effect to application to obtain evidence
- 38 Privilege of witnesses
- 39 Judicial proceedings for the purposes of the Criminal Code
40. (Repealed)
PART 3A - AUDIO VISUAL LINKS AND AUDIO LINKS
Division 1 - Preliminary
Division 2 - Use of interstate audio visual links or audio links in proceedings before Queensland courts
- 39D Application of div 2
- 39E State courts may take evidence and submissions from outside State
- 39F Legal practitioners entitled to practise
Division 3 - Use of interstate audio visual links or audio links in proceedings in participating States
- 39G Application of div 3
- 39H Recognised courts may take evidence or receive submissions from persons in Queensland
- 39I Powers of recognised courts
- 39J Orders made by recognised court
- 39K Enforcement of order
- 39L Privileges, protection and immunity of participants in proceedings before recognised court
- 39M Recognised court may administer oath in the State
- 39N Assistance to recognised court
- 39O Contempt of recognised court
- 39P Double jeopardy
Division 3A - Use of audio visual links or audio links for expert witnesses
- 39PA Application of div 3A
- 39PB Expert witnesses to give evidence by audio visual link or audio link
- 39PC Direction to jury if expert witness gives evidence by audio visual link or audio link
Division 4 - General provisions about the use of audio visual links or audio links
- 39Q Application of div 4
- 39R Queensland courts may take evidence and submissions from external location
- 39S Failure of the link
- 39T Expenses
- 39U External location to be considered part of Queensland court location
- 39V Witness outside Queensland—when compellable
- 39W Administration of oaths and affirmations
- 39X Testimony from outside Australia other than on oath
- 39Y Putting documents to a person at an external location
- 39Z Extension of rule-making power
PART 4 - JUDICIAL NOTICE OF SEALS, SIGNATURES AND LEGISLATIVE ENACTMENTS
- 41 Public Seal of the State
- 42 Signatures of holders of public offices etc. to be judicially noticed
- 42A Certain seals to be judicially noticed etc.
- 43 Acts and statutory instruments to be judicially noticed
- 43A Administrative arrangements to be judicially noticed
PART 5 - PROOF OF DOCUMENTS AND OTHER MATTERS
Division 1 - Proof of official and judicial documents and matters
- 44 Proof by purported certificate, document etc.
- 45 Proof of gazette
- 46 Proof regarding government printer, parliamentary counsel and Legislative Assembly
- 46A Presumption of accuracy of official copy of Queensland legislation
- 46B Court or tribunal may inform itself about Act or statutory instrument
- 47 Proof of Legislative Assembly’s proceedings or legislative material
- 48 Proof of particular instruments
- 49 Proof of standard rules, codes and specifications
- 50 Proof of act done by Governor or Minister
- 51 Proof of public documents
- 52 Proof of registers of British vessels etc.
- 53 Proof of judicial proceedings
- 54 Proof of identity of a person convicted
- 55 Proof of incorporation or registration of company in Queensland
- 55A Proof of disaster situation under Disaster Management Act 2003
- 56 Proof of unallocated State land grants
- 57 Proof of lease or licence
- 58 Proof of letters patent
- 58A Proof of document under Royal Sign Manual
Division 2 - Proof of certain miscellaneous documents and matters
- 59 Comparison of disputed writing
- 60 Proof of instrument to validity of which attestation is not necessary
- 61 Proof of instrument to validity of which attestation is necessary
- 62 Presumption as to documents 20 years old
- 63 Wills, deeds etc. may be verified by declaration
- 64 Evidentiary effect of probate etc.
- 65 Maps, charts etc.
- 66 Astronomical phenomena
Division 3 - Proof of certain Australian and overseas documents and matters
- 67 Definitions for div 3
- 68 Proof of certain Australian and overseas written laws etc.
- 69 Proof of judicial proceedings of an overseas country
- 70 Proof of certain documents admissible elsewhere in Australia
- 71 Royal proclamations, orders of the Privy Council etc.
- 72 Proof of certain Australian and overseas public documents
- 73 Proof of incorporation or registration of certain Australian and overseas companies
- 74 Proof of birth, adoption, death or marriage
Division 4 - Proof of telegraphic messages
- 75 Notice of intention to adduce telegraphic message in evidence
- 76 Proof of message
- 77 Proof of sending a message
Division 5 - Admissibility of convictions in civil proceedings
- 78 Definitions for div 5
- 79 Convictions as evidence in civil proceedings
- 80 Convictions as evidence in actions for defamation
- 81 Evidence identifying the particulars of a conviction
- 82 Operation of other laws not affected
Division 6 - Books of account
- 83 Definitions for div 6
- 84 Entries in book of account to be evidence
- 85 Proof that book is a book of account
- 86 Verification of copy
- 87 Matters which may be proved under this division ordinarily to be so proved
- 88 Court may order books of account or copies to be made available
- 89 Proof that a person has no account
- 90 Costs
- 91 Application of ss 84–86 and 89
PART 6 - ADMISSIBILITY OF STATEMENTS AND REPRESENTATIONS
- 92 Admissibility of documentary evidence as to facts in issue
- 93 Admissibility of documentary evidence as to facts in issue in criminal proceedings
- 93A Statement made before proceeding by child or person with an impairment of the mind
- 93AA Unauthorised possession of, or dealing in, s 93A criminal statements or section 93A transcripts
- 93AB Permitted use of section 93A transcript by employment-screening applicant or applicant’s lawyer
- 93AC Publishing section 93A criminal statements or section 93A transcripts prohibited
- 93B Admissibility of representation in prescribed criminal proceedings if person who made it is unavailable
- 93C Warning and information for jury about hearsay evidence
- 94 Admissibility of evidence concerning credibility of persons responsible for statement
- 95 Admissibility of statements in documents or things produced by processes or devices
- 95A DNA evidentiary certificate
- 96 Inferences concerning admissibility
- 97 Authentication
- 98 Rejection of evidence
- 99 Withholding statement from jury room
- 100 Corroboration
- 101 Witness’s previous statement, if proved, to be evidence of facts stated
- 102 Weight to be attached to evidence
- 103 Provisions of part are alternative
PART 6A - EVIDENCE RELATED TO DOMESTIC RELATIONSHIPS AND DOMESTIC VIOLENCE
Division 1 - Preliminary
- 103A Definitions for part
- 103AB References to domestic violence include associated domestic violence
- 103B Meaning of domestic violence offence
- 103C Meaning of domestic violence proceeding
Division 1A - Evidence of domestic violence
- 103CA What may constitute evidence of domestic violence
- 103CB Evidence of domestic violence
- 103CC Expert evidence of domestic violence
- 103CD Ultimate issue and common knowledge rules abrogated
Division 2 - Recorded statements as complainant’s evidence-in-chief in domestic violence proceedings
Subdivision 1 - Use of recorded statements
- 103D Use of recorded statement as complainant’s evidence-in-chief
- 103E Requirements for making recorded statements
- 103F When recorded statement is made with informed consent
Subdivision 2 - Admissibility of recorded statements
Note—
- 103G References to recorded statement
- 103H Admissibility of recorded statements generally
- 103I Admissibility of recorded statements in particular committal proceedings
- 103J Application of particular provisions to recorded statements
- 103K Relationship with other Acts
- 103L Limitation on cross-examination under Justices Act 1886 not affected
- 103M Powers to close court not limited
- 103N Orders, directions and rulings in relation to complainants
Subdivision 3 - Editing or otherwise altering recorded statements
- 103O Editing or otherwise altering recorded statements
Subdivision 4 - Offences relating to recorded statements
- 103P References to recorded statement, transcript of recorded statement or summary of transcript
- 103Q Unauthorised possession of, or dealing in, recorded statements or transcripts of recorded statements
- 103R Permitted use of transcript of recorded statement by employment-screening applicant or applicant’s lawyer
- 103S Publishing recorded statements or transcripts of recorded statements prohibited
Division 3 - Jury directions related to domestic violence
Subdivision 1 - General matters
- 103T Request for direction to jury about domestic violence
- 103U Request for direction to jury about self-defence in response to domestic violence
- 103V Judge may direct jury about domestic violence on own initiative
- 103W Direction may be given before evidence is adduced and may be repeated
- 103X Application of subdivision 2 to trial by judge or magistrate sitting alone
- 103Y No limit of court’s duty to direct jury
Subdivision 2 - Content of jury directions about domestic violence
- 103Z Content of general direction about domestic violence
- 103ZA Direction about self-defence in response to domestic violence
- 103ZB Examples of behaviour, or patterns of behaviour, that may constitute domestic violence
- 103ZC Factors that may influence how a person addresses, responds to or avoids domestic violence
PART 7 - REPRODUCTIONS OF DOCUMENTS
Division 1 - Preliminary
Division 2 - Reproduction of official documents
- 105 Certified reproductions of certain official documents etc. to be admissible without further proof
Division 3 - Reproduction of business documents
- 106 Admissibility of reproductions of business documents destroyed, lost or unavailable
- 107 Use of photographing machines
- 108 Affidavit of maker of print from transparency to be evidence
- 109 Proof where document processed by independent processor
- 110 Reproduction not to be admitted as evidence unless transparency in existence
- 111 Transparency etc. may be preserved in lieu of document
- 112 Proof of destruction of documents etc.
- 113 One affidavit sufficient in certain circumstances
- 114 Certification required when affidavit etc. not contained in length or series of film
- 115 Discovery, inspection and production where document destroyed or lost
Division 4 - General
- 116 Copies to be evidence
- 117 Further reproduction may be ordered by court
- 118 Colours and tones of reproductions
- 119 Notice to produce not required
- 120 Proof of comparisons not required
- 121 Presumptions as to ancient documents
- 122 Reproductions made in other States
- 123 Judicial notice
- 124 A court may reject reproduction
- 125 Weight of evidence
- 126 Provisions of part are alternative
127. (Repealed)
- 128 Regulation may exclude application of provisions
- 129 Public Records Act 2002 not affected
PART 8 - MISCELLANEOUS
- 129A Order that evidence may be given in a different way
- 129B Person may be examined without subpoena or other process
- 130 Rejection of evidence in criminal proceedings
- 131 Witnesses for defence to be sworn
- 131A Court may order interpreter to be provided
- 132 Actions for breach of promise of marriage
- 132A Admissibility of similar fact evidence
132B. (Repealed)
- 132BA Delay in prosecuting offence
- 132C Fact finding on sentencing
- 133 Impounding documents
- 133A DNA analysts
- 134 Power to appoint a government printer
- 134A Production of documents by agencies in relation to civil proceedings
- 134B Approval of forms
- 135 Regulation-making power
PART 9 - TRANSITIONAL AND DECLARATORY PROVISIONS
Division 1 - Evidence Amendment Act 2000
- 136 Transitional—Evidence Amendment Act 2000
Division 1A - Justice and Other Legislation Amendment Act 2003
- 136A Declaratory provision for Justice and Other Legislation Amendment Act 2003
Division 2 - Evidence (Protection of Children) Amendment Act 2003
- 137 Definitions for div 2
- 138 Communications between a husband and wife
- 139 Evidence admitted under repealed s 9
- 140 Committal proceeding
- 141 Prerecording of evidence for a summary trial
- 142 Prerecording of evidence for a trial on indictment
Division 3 - Cross-Border Law Enforcement Legislation Amendment Act 2005
- 143 Witness anonymity certificates
Division 4 - Justice and Other Legislation Amendment Act 2005
- 144 Statement made before proceeding by child or person with an impairment of the mind
- 145 Definition chief executive (surveys)
Division 5 - Criminal Code and Other Acts Amendment Act 2008
- 146 References to particular Criminal Code offences
- 147 Prescribed special offence taken to include references to Criminal Code, ss 208 and 209
- 149 Definition for division
- 150 Admissibility of particular copies of videorecordings made before commencement
- 151 Destruction of recordings made before commencement
- 152 Application of DNA evidentiary certificate provision to proceedings started before commencement
- 153 Sexual assault counselling privilege
Division 10 - Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020
- 154 Application of s 132BA
- 155 Application of pt 2, div 4C
Division 11 - Justice and Other Legislation Amendment Act 2020
- 156 Proceedings started before commencement
Note
- 157 Journalist privilege
- 158 Domestic violence proceedings
- 171 Sexual assault counselling privilege