EVIDENCE ACT 1906
Table of Provisions
- 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.
- 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
- 37 Terms used
- 38 What may constitute evidence of family violence
- 39 Expert evidence of family violence
- 39A Evidence of family violence -- general provision
- 39B Evidence of family violence -- self-defence
- 39C Request for direction on family violence -- self-defence
- 39D Request for direction on family violence -- general provision
- 39E Content of direction on family violence
- 39F Additional matters for direction on family violence
- 39G Application of s. 39E and 39F to criminal proceedings without juries
- 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
93. Bank officers not compellable in some cases
- 94 Banker’s books, Supreme Court may order inspection of
- 95 Costs under s. 93 and
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
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.
- 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
- 134 Review of amendment made by Family Violence Legislation Reform Act 2020
