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EVIDENCE ACT 1906


TABLE OF PROVISIONS

           Long Title

   1.      Short title
            
   3.      Terms used
            
   4.      Application of Act
            
   5A.     Courts and Tribunals (Electronic Processes Facilitation) Act 2013 Part 2 applies
            
   5.      This Act not to derogate from existing powers
            
   6.      Witnesses interested or convicted of offence
            
   7.      Parties to civil proceedings and spouses and ex-spouses of parties
            
   8.      Accused persons in criminal cases
            
   9.      Spouses and ex-spouses of accused persons in criminal cases
            
   11.     Court may compel answer to incriminating question
            
   11A.    Judge may restrict publication of evidence where s. 11 certificate given
            
   12.     Witnesses in revenue cases may be compelled to give evidence
            
   13.     Certificate under s. 12 may be pleaded in bar to prosecution
            
   14.     Customs prosecutions, accused compellable
            
   15.     Persons may be examined without subpoena
            
   16.     Witnesses failing to attend trial
            
   17.     Procedure on non-appearance of witness
            
   18.     Communications during marriage
            
   19.     Evidence of non-access
            
   19A.    Terms used
            
   19B.    Protected communications recorded electronically
            
   19C.    Protected communications not to be disclosed in criminal proceedings except with leave of court
            
   19D.    Procedure on hearing of application for leave
            
   19E.    Application for leave to be dismissed if there is no legitimate forensic purpose for it
            
   19F.    Determination of application
            
   19G.    Public interest test
            
   19H.    Effect of consent
            
   19I.    Loss of sexual assault communications privilege: misconduct
            
   19J.    Ancillary orders
            
   19K.    Inadmissibility of evidence that must not be adduced or given
            
   19L.    Application of other laws
            
   19M.    Regulations as to disclosure of protected communications
            
   20A.    Terms used
            
   20B.    Application of protection provisions (PCR)
            
   20C.    Exclusion of evidence of protected confidences
            
   20D.    Loss of professional confidential relationship protection: consent
            
   20E.    Loss of professional confidential relationship protection: misconduct
            
   20F.    Ancillary orders
            
   20G.    Terms used
            
   20H.    Application of protection provisions (journalists)
            
   20I.    Protection of identity of informants
            
   20J.    Direction to give identifying evidence
            
   20K.    Effect of misconduct as to directions
            
   20L.    Identifying informant with consent
            
   20M.    Ancillary orders
            
   20.     How far a party may discredit his own witness
            
   21.     Cross-examination as to and proof of prior inconsistent statement
            
   22.     Procedure for purposes of s. 21
            
   23.     Cross-examination as to and proof of previous conviction
            
   24.     Questions tending to criminate
            
   25.     Cross-examination as to credit
            
   25A.    Cross-examination by accused in person
            
   26.     Improper questions
            
   27.     Prohibited questions not to be published
            
   27A.    Form of evidence
            
   27B.    Manner of giving voluminous or complex evidence
            
   29.     Intention to defraud, proof of
            
   30.     Proof by attesting witness unnecessary in certain cases
            
   31.     Comparison of disputed hand-writing
            
   31A.    Propensity and relationship evidence
            
   32.     Admissions by accused persons in criminal cases
            
   32A.    Derogation of privilege in civil proceedings
            
   35.     Perjury charge, corroboration not required
            
   36.     Perjury charge, proof of trial etc.
            
   36A.    Terms used
            
   36B.    Sexual reputation of complainant, evidence of
            
   36BA.   Sexual disposition of complainant, evidence of
            
   36BC.   Sexual experience of complainant, evidence of
            
   36BD.   Lack of complaint, jury warning about
            
   36BE.   Expert evidence of child behaviour
            
   36C.    Names of complainants not to be published
            
   40.     Customs prosecutions, effect of averments in
            
   41.     Customs prosecutions, proof of appointment of officers
            
   41A.    Stealing and receiving charges, evidence of ownership of property stolen from ships, wharves etc.
            
   42.     Evidence on trial for defamation
            
   44.     Stealing charges, proof of receipt of money by accused, proof of general deficiency
            
   45.     Seals and stamps for the revenue or post office, proof of
            
   46.     Receiving charges, proof of knowledge that goods were stolen
            
   46A.    Sunrise and sunset, proof of
            
   47.     Conviction, acquittal and identity, proof of
            
   49.     Actions for seduction
            
   50.     Corroboration warnings not generally required
            
   50A.    Transcripts, proof of
            
   50B.    DNA evidentiary certificate
            
   51.     Prisoner required to give evidence may be brought up on order
            
   52.     Expense of bringing up prisoner
            
   53.     Commonwealth and States etc., and their Acts to be judicially noticed
            
   54.     Seals of the Commonwealth and States to be judicially noticed
            
   55.     Official seals to be judicially noticed
            
   56.     Certain signatures to be judicially noticed
            
   57.     United Kingdom proclamations, regulations etc., proof of
            
   58.     Australasian proclamations, regulations etc., proof of
            
   59.     Customs Act 1901 (Cwlth) proclamations, regulations etc., proof of
            
   60.     Australian States’ proclamations and acts of State, proof of
            
   61.     WA proclamations, regulations etc., proof of
            
   62.     Documents admissible in United Kingdom etc. to be admissible in WA
            
   63.     Foreign States’ proclamations, acts of State etc., proof of
            
   64.     Foreign States’ proclamations etc. admissible even if not sealed
            
   65.     Copies of public documents admissible in some cases
            
   65A.    Certified photographs from library admissible
            
   66.     Parliamentary proceedings in Australasia, proof of
            
   67.     Certain documents admissible without proof of signature, seal etc.
            
   68.     Register of British vessels etc., proof of
            
   69.     Newspaper proprietors, proof of register of
            
   69A.    WA registers, proof of
            
   70.     Statutes etc. of any country, proof of
            
   71.     Certain law reports and texts may be referred to as evidence of laws
            
   72.     Authoritative texts on history, science etc., reference to
            
   73.     Documents admitted into evidence may be impounded
            
   73A.    Reproductions admissible (best evidence rule modified)
            
   73B.    Certified reproductions of certain public documents etc., admissible without further proof
            
   73BA.   Authenticated copies of certain public documents etc. admissible without further proof
            
   73N.    Reproductions of documents over 30 years old, presumptions as to
            
   73Q.    Reproduced official seals and signatures to be judicially noticed
            
   73U.    Reproduction admissible subject to Stamp Act 1921 or Duties Act 2008
            
   74.     Gazettes of certain places, proof of
            
   75.     Government Printers’ publications, proof of
            
   76.     Her Majesty’s Stationery Office publications, status of
            
   77.     Acts of governors and ministers of States, proof of
            
   78.     Local laws, by-laws and regulations, proof of
            
   79.     Incorporation of a company, proof of
            
   79A.    Document requiring attestation, proof of
            
   79B.    Terms used
            
   79C.    Documentary evidence, admissibility of
            
   79D.    Evidence admitted under s. 79C, weight and effect of
            
   79E.    Qualified person, evidence as to credibility of
            
   79F.    Dispute as to happening of event
            
   80.     Judgments, orders etc., proof of
            
   81.     Documents properly authenticated to be given faith and credit
            
   89.     Banker’s book entries are evidence of transactions etc.
            
   90.     Banker’s books, proof of
            
   91.     Banker’s books, copies to be certified
            
   92.     Bank accounts, bank officer may give evidence about
            
   92A.    Australian and foreign banks, application to of s. 89 to 92
            
   93.     Bank officers not compellable in some cases
            
   94.     Banker’s books, Supreme Court may order inspection of
            
   95.     Costs under s. 93 and 94
            
   96.     Supreme Court judge’s powers may be exercised by other judicial officers
            
   97.     Evidence to be on oath except in some cases
            
   100A.   Oath may be dispensed with in some cases
            
   102.    Interpreters, oaths etc. for
            
   103.    Interpreters, oath etc. may be dispensed with
            
   104A.   Person appointed by foreign court etc. may take or receive evidence and administer oath
            
   105.    Oaths, Affidavits and Statutory Declarations Act 2005, application of
            
   106A.   Terms used
            
   106B.   Children under 12 may give sworn evidence
            
   106C.   Child under 12 and mentally impaired witness may give unsworn evidence
            
   106D.   Corroboration warning on evidence of child not to be given
            
   106E.   Child witness entitled to support
            
   106F.   Child witness may be given assistance
            
   106G.   Cross-examination of protected witness by unrepresented accused
            
   106H.   Child’s statement to another admissible in Sch. 7 proceedings
            
   106HA.  Visual recording of interviews with children and persons with mental impairment
            
   106HB.  Admissibility in criminal proceedings of visual recording of interview with child or person with mental impairment
            
   106HC.  Regulations about visual recording of interviews with children and persons with mental impairment
            
   106HD.  Admissibility of visually recorded interviews generally
            
   106I.   Visual recording of child’s evidence, application for directions
            
   106K.   Child’s evidence in full, special hearing to take and record
            
   106M.   Recording not to be altered without approval
            
   106MA.  Unauthorised possession or dealing in video-taped evidence
            
   106MB.  Broadcast of video-taped evidence prohibited
            
   106N.   Video links or screening arrangements may be used
            
   106O.   Court may order that s. 106N does not apply
            
   106P.   Instructions to be given to jury
            
   106Q.   Identification of accused by child or special witness
            
   106R.   Special witnesses, measures to assist
            
   106RA.  Visually recording evidence of witnesses in criminal matters
            
   106S.   Special hearings to consider what orders should be made
            
   106T.   Use of recordings made under s. 106K or 106N
            
   109.    Terms used
            
   110.    Superior courts may make orders for obtaining evidence
            
   111.    Supreme Court may make orders for obtaining evidence for inferior courts
            
   112.    Exclusion of evidence in criminal proceeding
            
   113.    Operation of other laws
            
   114.    Regulations and rules of court for s. 109 to 113
            
   115.    Terms used
            
   116.    Application to Supreme Court for assistance in obtaining evidence for proceedings in other court
            
   117.    Supreme Court may make orders to assist in obtaining evidence
            
   118.    Privilege of witnesses
            
   118A.   Rules of court for s. 116 to
            
   118B.   Offence
            
   118C.   Operation of other laws
            
   119.    Service as witness etc., payments for
            
   120.    Terms used
            
   121.    WA court may take evidence or receive submission by video link or audio link
            
   122.    Counsel entitled to practise
            
   123.    Recognized court may take evidence or receive submission from person in this State
            
   124.    Recognized court’s powers
            
   125.    Recognized court may make orders
            
   126.    Enforcement of order under s. 125
            
   127.    Privileges, protection and immunity of participants in proceedings in recognized court
            
   128.    Recognized court may administer an oath in the State
            
   129.    Assistance to recognized court
            
   130.    Contempt of recognized court
            
   131.    Regulations for fees and expenses relating to use of video link or audio link
            
   132.    Operation of other laws
            
   133.    Regulations and rules of court for purposes of Courts and Tribunals (Electronic Processes Facilitation) Act 2013 PART 2
           SECOND SCHEDULE
           FOURTH SCHEDULE
           FIFTH SCHEDULE
           SIXTH SCHEDULE
           SCHEDULE 7
           Compilation table


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