South Australian Consolidated Acts South Australian Consolidated Acts25—Disallowance of improper questions
(1) A question is an
"improper question" if—
(a) the
question is misleading or confusing; or
(b) the
question is apparently based on a stereotype, including a sexual, racial,
ethnic or cultural stereotype or a stereotype based on age or physical or
mental disability; or
(c) the
question is unnecessarily repetitive, offensive or oppressive, or is 1 of a
series of questions that is unnecessarily repetitive, offensive or oppressive;
or
(d) the
question is put in a humiliating, insulting or otherwise inappropriate manner
or tone.
(2) A question is not,
however, improper only because—
(a) it
challenges the truthfulness of the witness, or the consistency or accuracy of
statements made by the witness; or
(b) it
deals with matters the witness would find distasteful or intrudes on the
witness's privacy.
(3) If an
improper question is put to a witness in cross-examination, the court
must—
(a)
disallow the question; and
(b)
inform the witness that the question need not be answered.
(4) In determining
whether a question is improper, the court may take into account—
(a) the
age, personality and educational level of the witness; and
(b) any
mental or physical disabilities to which the witness is subject; and
(c) the
witness's ethnic and cultural background; and
(d) any
other characteristics of the witness that may be relevant; and
(e) the
context in which the question is put, including—
(i)
the nature of the proceedings and, if the proceedings are
criminal proceedings, the nature of the offence to which they relate; and
(ii)
the relationship (if any) between the witness and a party
to the proceedings; and
(f) any
other relevant factor.
(5) The failure to
exercise the discretion in relation to a question does not affect the
admissibility of any answer given in response to the question.