EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958
Table of Provisions
PART I--THE MEANS OF OBTAINING EVIDENCE
Division 1--Orders and commissions to examine witnesses
Division 1A--Examination of witnesses abroad
- 9A Definitions
- 9B Proceedings in superior courts
- 9C Proceedings in inferior courts
- 9D Exclusion of evidence in criminal proceeding
- 9E Operation of other laws
Division 1B--Examination of witnesses outside the State but within Australia
- 9F Application of Division
- 9G Definitions
- 9H Proceedings in superior courts
- 9I Proceedings in inferior courts
- 9J Exclusion of evidence in criminal proceedings
- 9K Operation of other laws
Division 1C--Taking of evidence for foreign and Australian courts[1]
- 9L Definitions
- 9M Application to the Supreme Court for assistance in obtaining evidence for proceedings in other court
- 9N Power of the Supreme Court to give effect to application for assistance
- 9O Privilege of witnesses
- 9P Offence
- 9Q Operation of other laws
Division 3--Prisoners
- 12 Prisoner may be brought before court to give evidence without writ of habeas corpus
Division 6--Disclosure of information relating to applications for legal aid
- 21D Definitions
- 21E Disclosure of information etc. relating to proposed applications
- 21F Disclosure of information etc. relating to applications
- 21G Disclosure of information etc. where applicant has died
- 21H Application of this Division
Division 7--Family mediations
Division 8--Dispute settlement centres[3]
- 21K Definitions
- 21L Admissions etc. at mediation conferences
- 21M Confidentiality
- 21N Exoneration from liability
PART II--WITNESSES
Division 2--Privileges disabilities and obligations of witnesses
- 28 Confessions to doctors
Division 2A--Confidential communications and protected health information
- 32AB Guiding principles
- 32B Definitions
- 32BA Meaning of protected health information
- 32C Exclusion of evidence of confidential communications and protected health information
- 32CA Applicant for leave must give notice—civil proceedings
- 32CB Persons other than parties appearing and making submissions as to leave—civil proceedings
- 32CC Applicant for leave must give notice—criminal proceedings
- 32CD Prosecuting party to ensure notice is given to protected person—criminal proceedings
- 32CE Persons other than parties appearing and making submissions as to leave—criminal proceedings
- 32CF Production of document for purposes of determining application for leave
- 32D Restriction on granting leave
- 32E Limitations on privilege
- 32F Ancillary orders available on a granting of leave
- 32G Operation of Division
PART IIAA--WITNESS IDENTITY PROTECTION
Division 1--Introductory
- 42BA Definitions
Division 2--Witness identity protection certificates for local operatives
- 42BB Giving witness identity protection certificate
- 42BC Statutory declaration by local operative
- 42BD Form of witness identity protection certificate
- 42BE Protection of decision to give certificate
- 42BF Cancellation of witness identity protection certificate
- 42BG Permission to give information disclosing operative's identity etc.
- 42BH Disclosure offences
- 42BI Reports about witness identity protection certificates
- 42BJ Delegation
Division 3--Interstate witness identity protection certificates
- 42BK Application of Division
- 42BL Filing and notification
- 42BM Effect of interstate witness identity protection certificate
- 42BN Orders to protect interstate operative's identity etc.
- 42BO Disclosure of interstate operative's identity to presiding officer
- 42BP Application for disclosure of interstate operative's identity etc.
- 42BQ Suppression and protection orders
- 42BR Directions to jury
- 42BS Disclosure offences
PART IIA--USE OF AUDIO VISUAL AND AUDIO LINKS[5]
Division 1--Definitions
- 42C Definitions
Division 2--Persons other than accused
- 42D Application of Division
- 42E Appearance, etc. by audio visual link or audio link
- 42F Special provisions applicable to certain proceedings involving children
- 42G Technical requirements for audio visual links and audio links
- 42H Costs
- 42I Certain other laws not affected
Division 3--Appearance by the accused
- 42J Application of Division
- 42JA Appearance of adult accused before Magistrates' Court
- 42K Appearance of adult accused before court other than Magistrates' Court
- 42L Making of direction for physical appearance in section 42JA or 42K(1) proceedings
- 42M Making of direction for audio visual appearance in section 42JA or 42K(2) proceedings
- 42MAA Making of direction for audio visual appearance in section 42JA(3) proceedings
- 42MA Appearance of adult accused in proceedings other than section 42JA or 42K proceedings
- 42N Application for making of direction under section 42MA
- 42O Appearance before court of accused who is a child
- 42P Making of direction for audio visual appearance by child
- 42R Technical requirements for audio visual appearance by accused
- 42RA Audio link appearance by accused in certain circumstances
- 42RB Technical requirements for audio link appearance by accused
- 42S Protection of communication between accused and legal representative
- 42T Application of Surveillance Devices Act 1999
Division 4--General
- 42U Putting documents to a remote person
- 42UA Practice directions
- 42W Application of laws about witnesses, etc.
- 42X Arraignment
- 42Y Hearing not invalid because of failure to comply with technical requirements
- 42YA Repeal of temporary COVID-19 measures
PART III--PROOF OF DOCUMENTS, PROOF OF FACTS BY DOCUMENTS AND DOCUMENT UNAVAILABILITY
Division 2A--Reproductions of documents
- 53Q Micro-film etc. may be preserved in lieu of document
Division 4--Further provisions relating to Australasian documents
- 59 Definitions
Division 5--Further provisions relating to Victorian documents
- 70 Mode of proving proclamations, orders and regulations of Board of Land and Works
- 71 Government Gazette to be evidence of act of Board of Land and Works
- 74 Evidence of contents of will
Division 6--Judicial notice
Division 9--Document unavailability
- 89A Meaning of unavailability of document
- 89B Court may make ruling or order
- 89C Matters the court must consider
- 89D Relationship of this Division with VCAT Act
- 89E Operation of Public Records Act 1973
- 89F Division to be in addition to Evidence Act 2008
PART IV--PARTICULAR AFFIDAVITS
Division 12--Miscellaneous
PART VI--RECORDING OF EVIDENCE
- 130 Power to person acting judicially to direct that evidence be recorded
- 131 As to methods of recording evidence
- 134 Persons recording evidence under this Part to be officers of the court
- 135 Records made under this Part to be received as prima facie evidence of matter therein contained
- 137 Penalty for falsely recording evidence
- 140 Power to Governor in Council to regulate fees
PART VII--OFFENCES RELATING TO FALSE DOCUMENTS AND FALSE CERTIFICATES
- 142 Forgery, using etc. false documents an indictable offence
- 143 Printing or using documents falsely purporting to be printed by government printer an indictable offence
- 144 Giving false certificates an indictable offence
- 145 Interpretation provisions to apply to this Part
PART VIII--MISCELLANEOUS
- 149A Admissions of fact in confiscation proceedings
- 151A Supreme Court—limitation of jurisdiction
- 152 Regulations
- 155 Transitional provision—Magistrates' Court (Committal Proceedings) Act 2000
- 156A Transitional provision—Sentencing (Further Amendment) Act 2005
Division 3A--of Part II, inserted by section 9 of the Sentencing (Further Amendment) Act 2005, applies to a proceeding for an offence commenced on or after the commencement of that section, regardless of when the offence is alleged to have been committed.
- 158A Transitional provision—Crimes (Sexual Offences) Act 2006
- 159 Transitional provision—Crimes (Sexual Offences) (Further Amendment) Act 2006
- 160 Transitional provision—Justice Legislation Amendment (Sex Offences Procedure) Act 2008
- 161 Transitional provision—Statute Law Amendment (Evidence Consequential Provisions) Act 2009
- 162 Transitional provision—interpretation of references
- 163 Transitional provision—Criminal Procedure Act 2009
- 164 Transitional provision—Inquiries Act 2014
- 165 Validation of certain acts and documents
- 166 Transitional provision—Jury Directions and Other Acts Amendment Act 2017