Evidence Act 1929 (SA)

South Australia

Evidence Act 1929

An Act to consolidate certain Acts relating to evidence.

The Parliament of South Australia enacts as follows:

This Act may be cited as the Evidence Act 1929.

1. (1)

   In this Act, unless some other intention is expressed, or implied by the context—

canine court companion means a dog accredited by—

1. (a)

   the Guide Dogs Association of SA and NT Inc.; or

2. (b)

   a person or body prescribed by the regulations,

as a canine court companion;

child means a person under the age of 18 years;

child sexual offence means a sexual offence committed in relation to a child;

cognitive impairment includes the following:

1. (a)

   a developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);

2. (b)

   an acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);

3. (c)

   a mental illness;

communication partner means a person, or a person of a class, approved by the Minister for the purposes of providing assistance in proceedings to a witness with complex communication needs;

court includes a tribunal, authority or person invested by law with judicial or quasi-judicial powers, or with authority to make any inquiry or to receive evidence;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

judge includes the member or members of any court having authority to admit evidence;

legal proceeding or proceeding includes any action, trial, inquiry, cause, or matter, whether civil or criminal, in which evidence is or may be given and includes an arbitration;

serious offence against the person means—

1. (a)

   attempted murder; or

2. (b)

   attempted manslaughter; or

3. (c)

   a sexual offence; or

4. (d)

   —

   1. (i)

      an offence of stalking under section 19AA of the Criminal Law Consolidation Act 1935; or

   2. (ii)

      an offence of causing serious harm under section 23 of the Criminal Law Consolidation Act 1935; or

   3. (iii)

      an offence involving an unlawful threat to kill or endanger life; or

   4. (iv)

      an offence involving abduction; or

   5. (v)

      an offence involving blackmail; or

   6. (vi)

      an attempt to commit, or assault with intent to commit, any of the offences in the preceding subparagraphs;

sexual offence means—

1. (a)

   rape; or

2. (ab)

   compelled sexual manipulation; or

3. (b)

   indecent assault; or

4. (c)

   any offence involving unlawful sexual intercourse or an act of gross indecency; or

5. (d)

   incest; or

6. (da)

   any offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest; or

7. (db)

   an offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or

8. (e)

   any attempt to commit, or assault with intent to commit, any of the foregoing offences;

spouse—a person is the spouse of another if they are legally married;