Victorian Consolidated Legislation

Evidence Act 2008 - SECT 4

Courts and proceedings to which Act applies

4. Courts and proceedings to which Act applies



(1) This Act applies to all proceedings in a Victorian court, including
proceedings that-

   (a)  relate to bail; or

   (b)  are interlocutory proceedings or proceedings of a similar kind; or

   (c)  are heard in chambers; or

   (d)  subject to subsection (2), relate to sentencing.

(2) If such a proceeding relates to sentencing-

   (a)  this Act applies only if the court directs that the law of evidence
        applies in the proceeding; and

   (b)  if the court specifies in the direction that the law of evidence
        applies only in relation to specified matters-the direction has effect
        accordingly.

(3) The court must make a direction if-

   (a)  a party to the proceeding applies for such a direction in relation to
        the proof of a fact; and

   (b)  in the court's opinion, the proceeding involves proof of that fact,
        and that fact is or will be significant in determining a sentence to
        be imposed in the proceeding.

(4) The court must make a direction if the court considers it appropriate to
make such a direction in the interests of justice.





(5) In this section, a proceeding that relates to sentencing includes a
proceeding for an order under Part 4 of the Sentencing Act 1991.

Notes 1. Section 4 of the Commonwealth Act differs from this section. It
applies that Act to proceedings in a federal court or an Australian Capital
Territory court. Some provisions of the Commonwealth Act extend beyond
proceedings in federal courts and Australian Capital Territory courts (see
sections 5, 185, 186 and 187 of the Commonwealth Act). 2. Victorian court is
defined in the Dictionary. The definition includes persons or bodies required
to apply the laws of evidence. 3. The Commonwealth Act includes 2 additional
subsections that exclude the application of that Act to appeals from a court
of a State (including appeals from a court of a State exercising federal
jurisdiction) and certain other courts. 4. Provisions in other Victorian Acts
which relieve courts from the obligation to apply the rules of evidence in
certain proceedings are preserved by section 8 of this Act. These include- •
section 44 of the Accident Compensation Act 1985; • section 215 of the
Children, Youth and Families Act 2005; • sections 8(6) and 13A of the Crimes
(Family Violence) Act 1987; • section 38 of the Crimes (Mental Impairment and
Unfitness to be Tried) Act 1997; • section 127 of the Electoral Act 2002. 5.
Subsection (5) is not included in the Commonwealth Act or New South Wales Act.