Evidence Amendment Bill

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Hon Amy Adams

Evidence Amendment Bill

Government Bill

27—3

	Key
1	Title
2	Commencement
	Part 1 Amendments to Evidence Act 2006
3	Principal Act
4	Section 4 amended (Interpretation)
6	Section 12A repealed (Rules of common law relating to statements of co-conspirators, persons involved in joint criminal enterprises, and certain co-defendants preserved)
7	Section 16 amended (Interpretation)
8	Section 22 amended (Notice of hearsay in criminal proceedings)
9	New section 22A inserted (Admissibility of hearsay statement against defendant)
	22A	Admissibility of hearsay statement against defendant
10	Section 27 amended (Defendants’ statements offered by prosecution)
11	Section 30 amended (Improperly obtained evidence)
12	Section 35 amended (Previous consistent statements rule)
13	Section 37 amended (Veracity rules)
14	Section 38 amended (Evidence of defendant’s veracity)
15	Section 44 amended (Evidence of sexual experience of complainants in sexual cases)
16	New section 44A inserted (Application to offer evidence or ask question about sexual experience of complainant in sexual cases)
	44A	Application to offer evidence or ask question about sexual experience of complainant in sexual cases
17	Section 45 amended (Admissibility of visual identification evidence)
18	Section 46A repealed (Caution regarding reliance on identification evidence)
19	Section 50 amended (Civil judgment as evidence in civil or criminal proceedings)
20	Section 51 amended (Interpretation)
21	Section 54 amended (Privilege for communications with legal advisers)
22	Section 57 amended (Privilege for settlement negotiations or mediation)
23	Section 59 amended (Privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists)
24	Section 66 amended (Joint and successive interests in privileged material)
25	Section 79 amended (Support persons)
26	Section 90 amended (Use of documents in questioning witness or refreshing memory)
27	Section 95 amended (Restrictions on cross-examination by parties in person)
28	Section 102 amended (Application)
29	Section 103 amended (Directions about alternative ways of giving evidence)
30	Section 106 amended (Video record evidence)
31	Cross-heading above section 107 replaced
32	Section 107 replaced (Directions about way child complainants are to give evidence)
	107	Alternative ways of giving evidence by child witnesses in criminal proceedings
	107A	Application by party calling child witness for witness to give evidence in ordinary way
	107B	Application by any other party for child witness to give evidence in ordinary way or different alternative way
32A	New cross-heading above section 119 inserted
		Offences and requirements for disclosure of video records in proceedings other than under section 106 or in Family Court proceedings
33	Section 119 amended (Offences)
33A	New sections 119A and 119B inserted
	119A	Requirements for disclosure of video records in proceedings other than under section 106 or in Family Court proceedings
	119B	Matters Judge or judicial officer must consider before ordering disclosure of video record or giving direction for disclosure
34	Section 126 amended (Judicial warnings about identification evidence)
35	Section 201 amended (Regulations)
35A	Section 202 amended (Periodic review of operation of Act)
	Part 2 Revocation and amendments to other enactments
37	Consequential amendments and revocation
	Schedule 2 Amendment to Act
	Legislative history

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