Sexual Violence Legislation Bill

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Hon Andrew Little

Sexual Violence Legislation Bill

Government Bill

185—2

	Commentary
	Key
1	Title
2	Commencement
	Part 1 Amendments to Evidence Act 2006
	Preliminary provisions
3	Amendments to Evidence Act 2006
4	Section 4 amended (Interpretation)
5	New section 4A inserted (Transitional, savings, and related provisions)
	4A	Transitional, savings, and related provisions
	Veracity: application
6	Section 36 amended (Application of subpart to evidence of veracity and propensity)
	Propensity: evidence of propensity
7	Section 40 amended (Propensity rule)
	Complainants in sexual cases
8	Sections 44 and 44A replaced
	44	Evidence of sexual experience or sexual disposition of complainants in sexual cases
	44AA	Evidence of sexual reputation of complainants in sexual cases
	44A	Application to offer evidence or ask questions about sexual experience or sexual disposition or sexual reputation of complainants in sexual cases
	Trial process: questioning of witnesses
9	Section 85 amended (Unacceptable questions)
9A	Section 95 amended (Restrictions on cross-examination by parties in person)
10	Section 99 amended (Witnesses recalled by Judge)
	Trial process: alternative ways of giving evidence
11	Section 102 replaced (Application)
	102	General provisions are subject to provisions for specific situations
11A	Section 102A replaced (Relationship of Courts (Remote Participation) Act 2010 to sections 103 to 106)
	102A	Relationship of Courts (Remote Participation) Act 2010 to this subpart
	Video record evidence
12	Section 106 amended (Video record evidence)
	Giving of evidence by family violence complainants
13	Section 106A replaced (Giving of evidence by family violence complainants)
	106AA	Sections 106A and 106B apply to family violence complainants
	106A	Giving of evidence by family violence complainants
	Giving of evidence by sexual case complainants or propensity witnesses
14	New sections 106C to 106J and cross-heading inserted
		Giving of evidence by sexual case complainants or propensity witnesses
	106C	Sections 106D to 106J apply to sexual case complainants or propensity witnesses
	106D	Giving of evidence by sexual case complainants or propensity witnesses
	106E	Application by prosecutor for sexual case complainant or propensity witness who is child to give evidence in ordinary way
	106F	Application by any other party for sexual case complainant or propensity witness to give evidence in ordinary way or different alternative way
	106G	Direction that sexual case complainant’s or propensity witness’s cross-examination evidence not be given by video record made before trial
	106H	Further cross-examination if all evidence of sexual case complainant or propensity witness has been or is to be given by video record made before trial
	106I	Video record evidence: sexual case complainant’s or propensity witness’s cross-examination evidence given by video record made before trial
	106IA	Procedure if video record evidence under section 106 not offered, or not admitted, as evidence in chief
	106J	Making of video record of sexual case complainant’s or propensity witness’s evidence given at trial and not given by video record made before trial
	Giving of evidence by child witnesses
15	New section 107AA inserted (Sections 107 to 107B apply to child witnesses)
	107AA	Sections 107 to 107B apply to child witnesses
	Trial process: judicial directions
16	New section 126A inserted (Judicial directions about misconceptions arising in sexual cases)
	126A	Judicial directions about misconceptions arising in sexual cases
	Transitional, savings, and related provisions
17	New Schedule 1AA inserted
	Part 2 Amendments to Victims’ Rights Act 2002
	Preliminary provisions
18	Amendments to Victims’ Rights Act 2002
19	Section 4 amended (Interpretation)
	Transitional, savings, and related provisions
20	New section 5A inserted (Transitional, savings, and related provisions)
	5A	Transitional, savings, and related provisions
	Victim impact statements
21	Section 19 amended (Form and verification of information ascertained)
22	Section 22A replaced (Victim impact statement may be presented to court in some other manner)
	22A	Victim impact statement may be presented to court in some other manner
	Rights of victims who are sexual case complainants
23	New Part 2A inserted
		Part 2A Provisions relating to rights of victims who are sexual case complainants
	28A	Sections 28BA and 28D ~~applies~~ apply only to individual victims who are sexual case complainants
	28BA	Victim’s preferences on presenting victim impact statement
	28D	Court may be cleared when victim impact statement read or otherwise presented to court
24	~~New sections 28A to 28C inserted~~Sections 28A and 28BA replaced
	28A	Sections 28B to 28D apply only to individual victims, or all victims, who are sexual case complainants
	28B	Victim’s preferences on ways of giving evidence
	28BA	Victim’s preferences on presenting victim impact statement
	28C	Availability of appropriate facilities when attending court
	Transitional, savings, and related provisions
25	Section 53 amended (Amendments)
26	New Schedule 1AA inserted
27	Schedule heading amended
	Part 3 Amendments to Criminal Procedure Act 2011
	Preliminary provision
28	Amendments to Criminal Procedure Act 2011
	Procedure for taking oral evidence
28A	Section 98 amended (Application of sections 103 to 105 of Evidence Act 2006)
	Public access and restrictions on reporting
29	Section 196 amended (Court proceedings generally open to public)
	Power to clear court
30	New section 199AA inserted (Court may be cleared when victim impact statement read or otherwise presented to court in cases of sexual nature)
	199AA	Court may be cleared when victim impact statement read or otherwise presented to court in cases of sexual nature
	Appeals: appeals against pre-trial decisions: first appeals
31	Section 215 amended (Right of appeal by prosecutor or defendant against certain pre-trial evidential decisions in Judge-alone case)
32	Section 217 amended (Right of appeal by prosecutor or defendant against pre-trial decisions in jury trial case)
	Transitional, savings, and related provisions
33	Schedule 1AA amended
	Schedule Transitional, savings, and related provisions
	Legislative history

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