(1) The court may, if the parties consent, by order dispense with the application of any one or more of the provisions of—
(a) Division 3, 4 or 5 of Part 2.1; or
(b) Part 2.2 or 2.3; or
(c) Parts 3.2–3.8—
in relation to particular evidence or generally.
S. 190(2) amended by No. 68/2009 s. 97(Sch. item 55.46(a)).
(2) In a criminal proceeding, a consent given by an accused is not effective for the purposes of subsection (1) unless—
S. 190(2)(a) amended by Nos 68/2009 s. 97(Sch. item 55.46 (b)(c)), 17/2014 s. 160(Sch. 2 item 39.5).
(a) the accused has been advised to do so by the Australian legal practitioner of the accused; or
Paragraph (a) differs from the Commonwealth Act and New South Wales Act.
S. 190(2)(b) amended by No. 68/2009 s. 97(Sch. item 55.46(b)).
(b) the court is satisfied that the accused understands the consequences of giving the consent.
(3) In a civil proceeding, the court may order that any one or more of the provisions mentioned in subsection (1) do not apply in relation to evidence if—
(a) the matter to which the evidence relates is not genuinely in dispute; or
(b) the application of those provisions would cause or involve unnecessary expense or delay.
(4) Without limiting the matters that the court may take into account in deciding whether to exercise the power conferred by subsection (3), it is to take into account—
(a) the importance of the evidence in the proceeding; and
(b) the nature of the cause of action or defence and the nature of the subject-matter of the proceeding; and
(c) the probative value of the evidence; and
(d) the powers of the court (if any) to adjourn the hearing, to make another order or to give a direction in relation to the evidence.