Evidence Act 1977 (Qld)

Evidence Act 1977

An Act to consolidate, amend and reform the law of evidence and to protect persons concerned in the commission of sexual offences from identification and for related purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Evidence Act 1977.

2   Act binds Crown

This Act binds the Crown not only in right of the State of Queensland but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.

2A   Notes in text

A note in the text of this Act is part of the Act.

3   Definitions

The dictionary in schedule 3 defines particular words used in this Act.

4   Meaning of copy of document etc.

In this Act, any reference to a copy of a document includes—

(a)in the case of a document falling within paragraph (e) but not paragraph (f) of the definition document in schedule 3—a transcript of the sounds or other data embodied therein; and

(b)in the case of a document falling within paragraph (f) but not paragraph (e) of that definition—a reproduction or still reproduction of the image or images embodied therein, whether enlarged or not; and

(c)in the case of a document falling within both those paragraphs—such a transcript together with such a reproduction or still reproduction; and

(d)in the case of a document not falling within the said paragraph (f) of which a visual image is embodied in a document falling within that paragraph—a reproduction or still reproduction of that image, whether enlarged or not;

and any reference to a copy of the material part of a document shall be construed accordingly.

5   Meaning of document purporting to be of certain character etc.

For the purposes of this Act a document, including any instrument or part of an instrument, purports—

(a)to be of a certain character; or

(b)to have been produced or authenticated at a certain time, in a certain manner, by a certain person or body, or by a person having a certain qualification or occupying a certain office; or

(c)any other matter whatever;

if the document expressly or impliedly represents that matter or a court can assume that matter from the contents of the document or otherwise.

Part 2    Witnesses

Division 1 Who may testify

6   Witnesses interested or convicted of offence

No person shall be excluded from giving evidence in any proceeding on the ground—

(a)that the person has or may have an interest in the matter in question, or in the result of the proceeding; or

(b)that the person has previously been convicted of any offence.

7   Parties, their wives and husbands as witnesses

(1)Each of the parties to a proceeding (not being a criminal proceeding) and a person on whose behalf such a proceeding is brought or defended is competent and compellable to give evidence on behalf of either or any of the parties to the proceeding.

(2)The husband or wife of a party to a proceeding (not being a criminal proceeding) and the husband or wife of a person on whose behalf such a proceeding is brought or defended is competent and compellable to give evidence on behalf of either or any of the parties to the proceeding.

(3)To remove any doubt, it is declared for subsections (1) and (2) that a party to a proceeding includes a person who is the subject of an inquiry, reference or examination.

8   Witnesses in a criminal proceeding

(1)In a criminal proceeding, each person charged is competent to give evidence on behalf of the defence (whether that person is charged solely or jointly with any other person) but is not compellable to do so.

(2)The husband or wife of an accused person in a criminal proceeding is competent and compellable to give evidence in the proceeding in any court, either for the prosecution or for the defence, and without the consent of the accused.

(3)In a criminal proceeding, a husband or wife is competent and compellable to disclose communications made between the husband and the wife during the marriage.

Division 1A Competency of witnesses and capacity to be sworn

9   Presumption as to competency

(1)Every person, including a child, is presumed to be—

(a)competent to give evidence in a proceeding; and

(b)competent to give evidence in a proceeding on oath.

(2)Subsection (1) is subject to this division.

9A   Competency to give evidence

(1)This section applies if, in a particular case, an issue is raised, by a party to the proceeding or the court, about the competency of a person called as a witness in the proceeding to give evidence.

(2)The person is competent to give evidence in the proceeding if, in the court’s opinion, the person is able to give an intelligible account of events which he or she has observed or experienced.

(3)Subsection (2) applies even though the evidence is not given on oath.

9B   Competency to give sworn evidence

(1)This section applies if, in a particular case, an issue is raised, by a party to the proceeding or the court, about the competency of a person called as a witness in the proceeding to give evidence on oath.

(2)The person is competent to give evidence in the proceeding on oath if, in the court’s opinion, the person understands that—

(a)the giving of evidence is a serious matter; and

(b)in giving evidence, he or she has an obligation to tell the truth that is over and above the ordinary duty to tell the truth.

(3)If the person is competent to give evidence in the proceeding but is not competent to give the evidence on oath, the court must explain to the person the duty of speaking the truth.

Note—

The Oaths Act 1867, section 17, makes provision for a person called as a witness to make his or her solemn affirmation instead of being sworn.

9C   Expert evidence about witness’s ability to give evidence

(1)This section applies to a proceeding if—

(a)under section 9A, the court is deciding whether a person is able to give an intelligible account of events which he or she has observed or experienced; or

(b)under section 9B, the court is deciding whether a person understands the matters mentioned in section 9B(2)(a) and (b); or

(c)the evidence of a child under 12 years is admitted.

(2)Expert evidence is admissible in the proceeding about the person’s or child’s level of intelligence, including the person’s or child’s powers of perception, memory and expression, or another matter relevant to the person’s or child’s competence to give evidence, competence to give evidence on oath, or ability to give reliable evidence.

9D   Evidence admitted under s 9A

(1)Evidence admitted under section 9A that is written down as a deposition is taken to be a deposition for all purposes.

(2)If evidence is admitted under section 9A—

(a)the probative value of the evidence is not decreased only because the evidence is not given on oath; and

(b)a person charged with an offence may be convicted on the evidence; and

(c)the person giving the evidence is liable to be convicted of perjury to the same extent as if the person had given the evidence on oath.

Division 1B Special provisions for child witnesses

9E   Principles for dealing with a child witness

(1)Because a child tends to be vulnerable in dealings with a person in authority, it is the Parliament’s intention that a child who is a witness in a proceeding should be given the benefit of special measures when giving the child’s evidence.

(2)The following general principles apply when dealing with a child witness in a proceeding—

(a)the child is to be treated with dignity, respect and compassion;

(b)measures should be taken to limit, to the greatest practical extent, the distress or trauma suffered by the child when giving evidence;

(c)the child should not be intimidated in cross-examination;

(d)the proceeding should be resolved as quickly as possible.

(3)In this section—

child means a child under 16 years.

Division 2 Privileges and obligations of witnesses

10   Privilege against self-incrimination

(1)Nothing in this Act shall render any person compellable to answer any question tending to criminate the person.

(2)However, in a criminal proceeding where a person charged gives evidence, the person’s liability to answer any such question shall be governed by section 15.

11   [Repealed]

12   Admissibility of evidence as to access by husband or wife

Notwithstanding anything contained in any Act or any rule of law, neither the evidence of any person nor any statement made out of court by any person shall be inadmissible in any proceeding whatever by reason of the fact that it is tendered with the object of proving, or that it proves or tends to prove, that marital intercourse did or did not take place at any time or during any period between that person and a person who is or was the person’s wife or husband or that any child is or was, or is not or was not, their legitimate child.

13   Compellability of parties and witnesses as to evidence of adultery

Notwithstanding anything in any Act or any rule of law, in any proceeding whatever—

(a)a party shall not be entitled to refuse to answer any interrogatory or to give discovery of documents;

(b)a witness, whether a party or not, shall not be entitled to refuse to answer any question, whether relevant to any issue or relating to credit merely;

on the ground solely that such answer or discovery would or might relate to, or would tend or might tend to establish, adultery by that party or that witness, or by any other person with that party or that witness, as the case may be.

14   Abolition of certain privileges

(1)The following rules of law are hereby abrogated except in relation to criminal proceedings, that is to say—

(a)the rule whereby, in any proceeding, a person can not be compelled to answer any question or produce any document or thing if to do so would tend to expose the person to a forfeiture;

(b)the rule whereby, in any proceeding, a person other than a party to the proceeding can not be compelled to produce any deed or other document relating to the person’s title to any land.

(2)The rule of law whereby, in any civil proceeding, a party to the proceeding can not be compelled to produce any document relating solely to the party’s own case and in no way tending to impeach that case or support the case of any opposing party is hereby abrogated.

Division 2A Sexual assault counselling privilege

Subdivision 1 Preliminary

14A   Meaning of protected counselling communication

(1)A protected counselling communication is an oral or written communication made in confidence—

(a)by a counselled person to a counsellor; or

(b)by a counsellor to or about a counselled person to further the counselling process; or

(c)about a counselled person by a parent, carer or other support person who is present to facilitate communication between the counselled person and a counsellor or to otherwise further the counselling process.

(2)However, a communication made to or by a health practitioner about a physical examination of the counselled person conducted in the course of an investigation into an alleged sexual assault offence is not a protected counselling communication.

(3)For subsection (1) it does not matter whether the communication was made—

(a)before or after the act or omission constituting the sexual assault offence committed or allegedly committed against the counselled person occurred; or

(b)in connection with the sexual assault offence, or a condition arising from the sexual assault offence, committed or allegedly committed against the counselled person.

(4)A reference in this division to a protected counselling communication includes a reference to—

(a)a document to the extent it contains a protected counselling communication; or

(b)evidence to the extent it discloses a protected counselling communication.

(5)In this section—

health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession.

14B   Other definitions for division

In this division—

counsel a person means—

(a)to listen to and give verbal or other support, help or encouragement to the person, whether one-on-one or in a group; or

(b)to advise, give therapy to or treat the person, whether one-on-one or in a group.

counselled person means a person who—

(a)is being, or has at any time been, counselled by a counsellor; and

(b)is, or has at any time been, a victim or alleged victim of a sexual assault offence.

counsellor means a person who—

(a)has undertaken training or study, or has experience, that is relevant to the process of counselling other persons; and

(b)in the course of the person’s paid or voluntary employment, other than as a religious representative, counsels another person.

essential person, for a proceeding, means any of the following persons—

(a)a Crown law officer or a person authorised by a Crown law officer;

(b)the prosecutor;

(c)a witness giving evidence;

(d)a person who is an intermediary under division 4C for a witness giving evidence;

(e)a person who a witness is entitled to have present in court under section 21A(2)(d), 21AV or 103ZE(2)(g);

(f)a person whose presence is, in the court’s opinion, necessary or desirable for the proper conduct of the proceeding;

(g)a person who applies to the court to be present and whose presence, in the court’s opinion—

(i)would serve a proper interest of the person; and

(ii)would not be prejudicial to a counselled person’s interests.

religious representative means a person who—

(a)is a member of—

(i)an organised religion; or

(ii)a religious group, even if the group is not part of, or does not consider itself to be part of, an organised religion; and

(b)holds a position in the religion or group that allows the person to hold himself or herself out as a representative of the religion or group.

sexual assault offence means—

(a)an offence of a sexual nature, including, for example—

(i)an offence against a provision of the Criminal Code, chapter 32; and

(ii)an offence against a provision of the Criminal Code, chapter 22; or

(b)an act or omission that would constitute an offence mentioned in paragraph (a) if the act or omission had occurred—

(i)in Queensland; or

(ii)after the offence provision commenced; or

(c)an alleged offence mentioned in paragraph (a).

Subdivision 2 Committal and bail proceedings

14C   Application of subdivision

This subdivision applies to—

(a)a committal proceeding; or

(b)a proceeding under the Bail Act 1980 relating to bail for an offence, including a proceeding relating to the remand of a person in custody.

14D   Sexual assault counselling privilege

A person can not do any of the following things in connection with the proceeding—

(a)compel, whether by subpoena or otherwise, another person to produce a protected counselling communication to a court;

(b)produce to a court, adduce evidence of or otherwise use, a protected counselling communication;

(c)otherwise disclose, inspect or copy a protected counselling communication.

Subdivision 3 Other proceedings

14E   Application of subdivision

This subdivision applies to a proceeding—

(a)for the trial or sentencing of a person for an offence, other than a proceeding to which subdivision 2 applies; or

(b)relating to a domestic violence order.

14F   Sexual assault counselling privilege

A person can not do any of the following things in connection with the proceeding, other than with the leave of the court hearing the proceeding—

(a)compel, whether by subpoena or otherwise, another person to produce a protected counselling communication to a court;

(b)produce to a court, adduce evidence of or otherwise use, a protected counselling communication;

(c)otherwise disclose, inspect or copy a protected counselling communication.

14G   Application for leave

(1)A party to the proceeding may apply for leave of the court under this subdivision.

(2)As soon as reasonably practicable after the application is made, the applicant must give the following persons a notice complying with subsection (3)—

(a)each other party to the proceeding;

(b)if the counsellor to whom the protected counselling communication relates is not a party to the proceeding—the counsellor.

(3)For subsection (2), the notice is a written notice stating—

(a)an application for leave under this subdivision has been made in relation to a protected counselling communication; and

(b)a description of the nature and particulars of the protected counselling communication (other than particulars disclosing the content of the communication); and

(c)if the counsellor or counselled person to whom the communication relates is not a party to the proceeding—that the counsellor or counselled person may appear in the proceeding under section 14L.

(4)If the counselled person to whom the protected counselling communication relates is not a party to the proceeding, the prosecutor must, as soon as practicable after a notice is given under subsection (2), give the counselled person a copy of the notice.

(5)The court can not decide the application until at least 14 days after subsection (2) is complied with.

(6)However, the court may waive the requirement to comply with subsection (2) if, in relation to the proceeding—

(a)notice has been given of a previous application for leave under this subdivision relating to the same protected counselling communication; or

(b)the counselled person to whom the protected counselling communication relates has consented to the waiver of the requirement; or

(c)the court is satisfied—

(i)exceptional circumstances exist that require the waiver of the requirement; and

(ii)it is in the public interest to waive the requirement.

(7)For subsection (6)(b), the consent must be given—

(a)in writing; or

(b)if the counselled person can not give written consent because of a disability—orally.

14H   Deciding whether to grant leave

(1)The court can not grant an application for leave under this subdivision unless the court is satisfied that—

(a)the protected counselling communication the subject of the application will, by itself or having regard to other documents or evidence produced or adduced by the applicant, have substantial probative value; and

(b)other documents or evidence concerning the matters to which the communication relates are not available; and

(c)the public interest in admitting the communication into evidence substantially outweighs the public interest in—

(i)preserving the confidentiality of the communication; and

(ii)protecting the counselled person from harm.

(2)In deciding the matter mentioned in subsection (1)(c), the court must have regard to the following matters—

(a)the need to encourage victims of sexual assault offences to seek counselling;

(b)that the effectiveness of counselling is likely to be dependent on maintaining the confidentiality of the counselling relationship;

(c)the public interest in ensuring victims of sexual assault offences receive effective counselling;

(d)that disclosure of the protected counselling communication is likely to damage the relationship between the counsellor and the counselled person;

(e)whether disclosure of the communication is sought on the basis of a discriminatory belief or bias;

(f)that the disclosure of the communication is likely to infringe a reasonable expectation of privacy;

(g)the extent to which the communication is necessary to enable the accused person to make a full defence;

(h)any other matter the court considers relevant.

(2A)For deciding the application, the court may do any of the following—

(a)order a person to produce the protected counselling communication to the court;

(b)consider the protected counselling communication;

(c)make any other order it considers appropriate to facilitate its consideration of the protected counselling communication.

(2B)If the protected counselling communication is produced to the court under subsection (2A), the court must not disclose it, or make it available to a party to the proceeding, before deciding the application.

(3)Also, for deciding the application, the court may consider a written or oral statement made to the court by the counselled person outlining the harm the person is likely to suffer if the application is granted.

(4)If an oral statement is made by the counselled person under subsection (3), while the statement is being made the court must exclude from the room in which the court is sitting—

(a)anyone who is not an essential person; and

(b)an essential person, if—

(i)the counselled person asks that the essential person be excluded; and

(ii)the court considers excluding the essential person would serve a proper interest of the counselled person.

(5)The court must not disclose, or make available to a party to the proceeding, a statement made to the court under subsection (3).

(6)The court must state its reasons for granting or refusing to grant the application.

(7)If the proceeding is a trial by jury, the court must hear and decide the application in the absence of the jury.

(8)In this section—

harm includes physical, emotional or psychological harm, financial loss, stress or shock, and damage to reputation.

Subdivision 4 Waiver or loss of privilege

14I   Waiver of privilege by counselled person

(1)This section applies, in relation to a proceeding to which subdivision 2 or 3 applies, if a document or evidence is a protected counselling communication.

(2)This division does not prevent the document being produced, or the evidence being adduced, if the counselled person to whom the protected counselling communication relates—

(a)is 16 years or more; and

(b)consents to the production of the document or adducing of the evidence; and

(c)is not a person with an impaired capacity for giving the consent.

(3)For subsection (2)(b), the consent must—

(a)expressly state the counselled person—

(i)consents to the production of a stated document, or the adducing of stated evidence, that is a protected counselling communication relating to the person; and

(ii)has had an opportunity to seek legal advice about giving the consent; and

(b)be given—

(i)in writing; or

(ii)if the counselled person can not give written consent because of a disability—orally.

(4)To remove any doubt, it is declared that subsection (3)(b) does not require the office of the director of public prosecutions to give the counselled person legal advice.

(5)In this section—

impaired capacity see the Guardianship and Administration Act 2000, schedule 4.

14J   Loss of privilege if communication made in commission of offence

This division does not apply to a document or evidence that is a protected counselling communication if the communication was made in the commission of an offence.

Subdivision 5 General provisions

14K   Court to inform of rights

(1)This section applies in relation to a proceeding to which subdivision 2 or 3 applies if it appears to the court a person may have grounds for—

(a)applying for leave under subdivision 3; or

(b)objecting to the production of a document, or the adducing of evidence, that is a protected counselling communication.

(2)The court must satisfy itself the person is aware of the relevant provisions of this division and has had an opportunity to seek legal advice.

(3)If the proceeding is a trial by jury, the court must satisfy itself of the matter under subsection (2) in the absence of the jury.

(4)To remove any doubt, it is declared that subsection (2) does not require the office of the director of public prosecutions to give the person legal advice.

14L   Standing of counsellor and counselled person

(1)This section applies if—

(a)a counselled person or counsellor is not a party to a proceeding to which subdivision 2 or 3 applies; and

(b)the court is deciding—

(i)whether a document or evidence relating to the counselled person or counsellor is a protected counselling communication; or

(ii)an application for leave under subdivision 3.

(2)The counselled person or counsellor may appear in the proceeding, including any appeal.

14M   Deciding whether document or evidence is protected counselling communication

(1)This section applies if a question arises under this division in relation to a proceeding to which subdivision 2 or 3 applies.

(2)The court may consider a document or evidence to decide whether it is a protected counselling communication.

(3)While the court is considering the document or evidence, the court must exclude from the room in which it is sitting—

(a)anyone who is not an essential person; and

(b)an essential person, if—

(i)the counselled person to whom the document or evidence relates asks that the essential person be excluded; and

(ii)the court considers excluding the essential person would serve a proper interest of the counselled person.

(4)The court may make any other order it thinks fit to facilitate its consideration of the document or evidence.

(5)This section applies despite sections 14D and 14F.

14N   Ancillary orders

(1)A court may make any order it considers appropriate to limit the extent of the harm likely to be caused to the counselled person by the production of a document, or the adducing of evidence, that is a protected counselling communication relating to the person.

Example—

an order that all or part of the evidence be heard, or the document produced, in camera

(2)In this section—

harm see section 14H.

14O   Application of division despite Justices Act 1886

To the extent of an inconsistency, this division applies despite a provision of the Justices Act 1886.

14P   Application of privilege in civil proceedings

(1)This section applies if, in a proceeding to which subdivision 2 or 3 applies, a protected counselling communication is privileged under this division.

Note—

A protected counselling communication is not privileged under this division if—

(a)leave is granted under subdivision 3 in relation to it; or

(b)the privilege is waived or lost under subdivision 4.

(2)A person can not produce a document containing, or adduce evidence of, the protected counselling communication in a civil proceeding arising from the act or omission to which the proceeding mentioned in subsection (1) relates.

Division 2B Journalist privilege

Subdivision 1 Preliminary

14Q   Application of division

(1)This division applies if—

(a)a person (the informant) gives information (the provided information) to a journalist, in the normal course of the journalist’s activities as a journalist, in the expectation the information may be published in a news medium; and

(b)the journalist promises the informant not to disclose the informant’s identity as the source of the information.

(2)To remove any doubt, it is declared that this division does not prevent a person from disclosing the informant’s identity as the source of the provided information.

14R   Who is a journalist

(1)A person is a journalist if the person is engaged and active in—

(a)gathering and assessing information about matters of public interest; and

(b)preparing the information, or providing comment or opinion on or analysis of the information, for publication in a news medium.

(2)In determining whether a person is a journalist, a court may consider the following matters—

(a)whether the person is regularly engaged and active in the activities mentioned in subsection (1);

(b)whether the person complies with a recognised professional standard or code of practice in carrying out the activities;

(c)whether the publisher of the news medium complies with a recognised professional standard or code of practice in publishing information in the news medium;

(d)any other matter the court considers relevant.

14S   Meaning of relevant proceeding

(1)In this division, a proceeding is a relevant proceeding if the court hearing the proceeding is a court of record.

(2)However, a proceeding under the Crime and Corruption Act 2001 is not a relevant proceeding.

(3)To remove any doubt, it is declared that a proceeding is a relevant proceeding whether or not the court hearing the proceeding is bound by the rules of evidence for the proceeding.

14T   Definitions for division

In this division—

authorised officer see section 14ZC.

disclosure requirement—

(a)means a process or order of a court of record for the disclosure of information or the delivery, inspection or production of a document or thing, including, for example—

(i)a summons or subpoena; or

(ii)a process or order for disclosure or discovery of documents by a party to a proceeding; or

(iii)a process or order for non-party disclosure or discovery; or

(iv)an interrogatory; or

(v)a notice or request to a party to a proceeding to produce a document; but

(b)does not include an obligation or requirement for disclosure by the prosecution in a criminal proceeding.

informant see section 14Q(1)(a).

journalist see section 14R(1).

news medium means a medium for the dissemination of news and observations on news to the public or a section of the public.

provided information see section 14Q(1)(a).

relevant person, for a journalist, means—

(a)a current or previous employer of the journalist; or

(b)a person who has engaged the journalist on a contract for services; or

(c)a person who—

(i)is or has been involved in the publication of a news medium; and

(ii)works or has worked with the journalist in relation to publishing information in the news medium.

relevant proceeding see section 14S(1).

Subdivision 2 Relevant proceedings

14U   Application of subdivision

This subdivision applies in relation to a relevant proceeding.

14V   Journalist privilege relating to identity of informants

(1)Despite any other Act, the journalist or a relevant person for the journalist can not be compelled, in relation to the relevant proceeding, to give evidence or comply with a disclosure requirement if giving the evidence or complying with the requirement would—

(a)disclose the identity of the informant as the source of the provided information; or

(b)enable the identity of the informant as the source of the provided information to be ascertained.

(2)However, this section applies in relation to a relevant person for the journalist only if the relevant person became aware of the identity of the informant as the source of the provided information—

(a)in the normal course of the relevant person’s work with the journalist; or

(b)in the course of, or as a result of, a relevant proceeding.

14W    Claims of journalist privilege at hearings of relevant proceedings

(1)This section applies if—

(a)the journalist or a relevant person for the journalist is called to give evidence at a hearing of the relevant proceeding; and

(b)the journalist or relevant person for the journalist claims that section 14V applies in relation to the giving of particular evidence by the journalist or relevant person at the hearing.

(2)The court hearing the relevant proceeding must decide whether the claim is established.

(3)The journalist or relevant person for the journalist has the onus of proving the claim is established on the balance of probabilities.

(4)If the relevant proceeding is a trial by jury, the court must hear and decide the claim in the absence of the jury.

(5)In hearing the claim, the court may order that all persons other than those specified by the court be excluded from the room in which the court is sitting.

(6)However, if the relevant proceeding is a criminal proceeding, the court must not exclude the accused person from the room.

14X    Applications for orders requiring giving of evidence despite journalist privilege

(1)If the court decides, under section 14W, the claim is established, a party to the relevant proceeding may apply to the court for an order that the journalist or relevant person for the journalist must give the evidence despite section 14V.

(2)The applicant has the onus of proving each of the grounds of the application on the balance of probabilities.

(3)If the relevant proceeding is a trial by jury, the court must hear and decide the application in the absence of the jury.

(4)In hearing the application, the court may order that all persons other than those specified by the court be excluded from the room in which the court is sitting.

(5)However, if the relevant proceeding is a criminal proceeding, the court must not exclude the accused person from the room.

14Y   Deciding applications under s 14X

(1)If an application is made under section 14X(1), the court may make the order if satisfied that, having regard to the issues to be determined in the relevant proceeding, the public interest in disclosing the informant’s identity outweighs—

(a)any likely adverse effect of the disclosure on the informant or another person; and

(b)the public interest in—

(i)the communication of facts and opinion to the public by the news media; and

(ii)the ability of the news media to access sources of facts.

(2)In deciding whether to make the order, the court may have regard to the following matters—

(a)whether the provided information is a matter of public interest;

(b)the nature and subject matter of the relevant proceeding;

(c)the importance of the provided information and the informant’s identity to the relevant proceeding and the availability of other evidence in relation to the provided information;

(d)if the relevant proceeding is a criminal proceeding—the accused person’s right to a fair hearing;

(e)any likely adverse effect of disclosing the informant’s identity on the informant or another person and whether the effect can be mitigated;

(f)whether the informant’s identity as the source of the provided information is already in the public domain;

(g)any decision previously made by a court under this division about a claim, objection or application in relation to the provided information;

(h)the way in which the provided information has been used or kept by the journalist, including whether the journalist—

(i)verified the information; or

(ii)used the information in a way that is fair and accurate and minimised any likely adverse effect on another person;

(i)whether the journalist complied with a recognised professional standard or code of practice in obtaining, using or receiving the provided information;

(j)whether obtaining, using, giving or receiving the provided information—

(i)involved an offence or misconduct by the informant or journalist; or

(ii)poses a risk to national security or the security of the State;

(k)the extent to which making the order is likely to deter other persons from giving information to journalists;

(l)any other matter the court considers relevant.

(3)Also, the court may consider a written or oral statement made by the informant to the court about the matter mentioned in subsection (1)(a).

(4)The court must state its reasons for making or refusing to make the order.

(5)The order may be subject to the terms and conditions the court considers appropriate.

14Z    Objections to disclosure requirements on grounds of journalist privilege

(1)This section applies if—

(a)the journalist or a relevant person for the journalist is subject to a disclosure requirement in relation to the relevant proceeding; and

(b)the journalist or relevant person for the journalist objects to complying with the disclosure requirement on the grounds that section 14V applies; and

(c)the court hearing the relevant proceeding is required to make a decision in relation to the objection.

(2)The court may decide the objection is established only if satisfied that—

(a)section 14V applies in relation to compliance with the disclosure requirement by the journalist or relevant person for the journalist; and

(b)having regard to the issues to be determined in the relevant proceeding, the public interest in disclosing the informant’s identity does not outweigh the matters mentioned in section 14Y(1)(a) and (b).

(3)In considering the matter mentioned in subsection (2)(b), the court may—

(a)have regard to the matters mentioned in section 14Y(2); and

(b)consider a written or oral statement made by the informant to the court about the matter mentioned in section 14Y(1)(a).

(4)In hearing the objection, the court may order that all persons other than those specified by the court be excluded from the room in which the court is sitting.

(5)However, if the relevant proceeding is a criminal proceeding, the court must not exclude the accused person from the room.

(6)If the court decides the objection is not established, the journalist or relevant person for the journalist must comply with the disclosure requirement.

14ZA    Other orders court may make

(1)This section applies in relation to a relevant proceeding if—

(a)an application is made under section 14X(1) to the court hearing the proceeding; or

(b)the court hearing the proceeding is required to make a decision in relation to an objection mentioned in section 14Z(1)(b).

(2)The court may make the following orders in relation to the relevant proceeding, application or objection—

(a)an order restricting access to a document in relation to the relevant proceeding, application or objection if—

(i)the document would disclose the identity of the informant as the source of the provided information or enable the identity of the informant as the source of the provided information to be ascertained; or

(ii)the court considers it is in the public interest to restrict access to the document;

(b)any other order the court considers appropriate in the circumstances.

(3)Without limiting subsection (2)(b), the court may make an order that information or a document provided to the court in relation to the application or objection is not required to be disclosed to any other party to the relevant proceeding, and is not to be publicly accessible, if the court considers it appropriate in the circumstances, including, for example, because disclosure of the information or document would—

(a)prejudice a proceeding, or an investigation or intelligence operation of a law enforcement agency within the meaning of section 21C; or

(b)cause harm or detriment to a person.

14ZB    Court to inform of particular rights

(1)This section applies if it appears to the court hearing a relevant proceeding that a person may have grounds for—

(a)claiming that section 14V applies in relation to the giving of evidence by the person; or

(b)applying for an order under section 14X(1).

(2)The court must satisfy itself that the person is aware of the relevant provisions of this subdivision and has had an opportunity to seek legal advice.

(3)If the proceeding is a trial by jury, the court must satisfy itself of the matter under subsection (2) in the absence of the jury.

Subdivision 3 Search warrants

14ZC    Application of subdivision

This subdivision applies if a warrant is issued that authorises a person (an authorised officer) to enter and search a place or search another person and, during the search—

(a)the authorised officer wishes to deal with a document or thing in a way authorised under the warrant; and

(b)the journalist or a relevant person for the journalist tells the authorised officer that the journalist or relevant person objects to the dealing on the grounds that the document or thing contains information that would—

(i)disclose the identity of the informant as the source of the provided information; or

(ii)enable the identity of the informant as the source of the provided information to be ascertained; and

(c)the authorised officer tells the journalist or relevant person for the journalist the officer still wishes to deal with the document or thing despite the objection.

14ZD    Procedures if objections made

(1)The authorised officer may ask the journalist or relevant person for the journalist to agree to the document or thing being immediately sealed in a container, or stored in another secure way, specified by the officer and held by the officer for safekeeping.

(2)If the authorised officer makes a request under subsection (1), the officer must tell the journalist or relevant person for the journalist—

(a)about the effect of subsection (3); and

(b)that if the journalist or relevant person agrees as mentioned in subsection (1), the journalist or relevant person may make an application to the Supreme Court under section 14ZE(2) in relation to the document or thing.

(3)If the journalist or relevant person for the journalist does not agree as mentioned in subsection (1), the authorised officer may deal with the document or thing in a way authorised under the warrant.

(4)Subsections (5) and (6) apply if the journalist or relevant person for the journalist agrees as mentioned in subsection (1).

(5)If an application is made to the Supreme Court under section 14ZE(2) in relation to the sealed or stored document or thing, the authorised officer must ensure the sealed or stored document or thing is given to the registrar of the Supreme Court for safekeeping until the application is decided.

(6)If an application is not made to the Supreme Court under section 14ZE(2) in relation to the sealed or stored document or thing—

(a)the authorised officer must ensure the sealed or stored document or thing is kept in safe custody until the end of the period mentioned in section 14ZE(3); and

(b)the sealed or stored document or thing may, after the period has ended, be dealt with in a way authorised under the warrant.

14ZE    Applications to Supreme Court in relation to objections

(1)This section applies if the journalist or relevant person for the journalist agrees as mentioned in section 14ZD(1).

(2)The following persons may apply to the Supreme Court to decide whether the sealed or stored document or thing may be dealt with in a way authorised under the warrant—

(a)the journalist or relevant person for the journalist;

(b)the authorised officer;

(c)the chief executive, however described, of the entity that appointed the authorised officer or a delegate of the chief executive;

(d)another person prescribed by regulation.

(3)The application must be made within 7 days after the day the request under section 14ZD(1) is made.

(4)In hearing the application, the court may order that all persons other than those specified by the court be excluded from the room in which the court is sitting.

14ZF    Decisions on applications

(1)If an application is made under section 14ZE(2)—

(a)the court must first decide whether the grounds for the objection mentioned in section 14ZC(b) are established; and

(b)the journalist or relevant person for the journalist has the onus of proving the grounds for the objection on the balance of probabilities.

(2)Subsection (3) applies if the court decides the grounds for the objection are established.

(3)The court may decide the sealed or stored document or thing may be dealt with in a way authorised under the warrant despite the objection if satisfied the public interest in disclosing the informant’s identity outweighs the matters mentioned in section 14Y(1)(a) and (b).

(3A)A person mentioned in section 14ZE(2)(b), (c) or (d), who is a party to the application, has the onus of proving, on the balance of probabilities, that the public interest in disclosing the informant’s identity outweighs the matters mentioned in section 14Y(1)(a) and (b).

(4)In making the decision under subsection (3), the court may have regard to the following matters—

(a)the matters mentioned in section 14Y(2)(a) and (e) to (l);

(b)the nature of the investigation to which the warrant relates;

(c)the importance of the provided information and the informant’s identity to the investigation to which the warrant relates and the availability of other evidence in relation to the provided information;

(d)the purposes for which the provided information and the informant’s identity are intended to be used.

(5)Also, the court may consider a written or oral statement made by the informant to the court about the matter mentioned in section 14Y(1)(a).

(6)The court must state the reasons for its decision under subsection (3).

14ZG    Other orders court may make

(1)The court may make the following orders in relation to the application—

(a)an order restricting access to a document in relation to the application if—

(i)the document would disclose the identity of the informant as the source of the provided information or enable the identity of the informant as the source of the provided information to be ascertained; or

(ii)the court considers it is in the public interest to restrict access to the document;

(b)any other order the court considers appropriate in the circumstances.

(2)Without limiting subsection (1)(b)—

(a)the court may make an order that information or a document provided to the court in relation to the application is not required to be disclosed to any other party to the application, and is not to be publicly accessible, if the court considers it appropriate in the circumstances, including, for example, because disclosure of the information or document would—

(i)prejudice a proceeding, or an investigation or intelligence operation of a law enforcement agency within the meaning of section 21C; or

(ii)cause harm or detriment to a person; and

(b)if the court decides the sealed or stored document or thing may be dealt with in a way authorised under the warrant—the court may make an order about how the sealed or stored document or thing may be dealt with under the warrant.

Division 3 Examination and cross-examination of witnesses

15   Questioning a person charged in a criminal proceeding

(1)Where in a criminal proceeding a person charged gives evidence, the person shall not be entitled to refuse to answer a question or produce a document or thing on the ground that to do so would tend to prove the commission by the person of the offence with which the person is there charged.

(2)Where in a criminal proceeding a person charged gives evidence, the person shall not be asked, and if asked shall not be required to answer, any question tending to show that the person has committed or been convicted of or been charged with any offence other than that with which the person is there charged, or is of bad character, unless—

(a)the question is directed to showing a matter of which the proof is admissible evidence to show that the person is guilty of the offence with which the person is there charged;

(b)the question is directed to showing a matter of which the proof is admissible evidence to show that any other person charged in that criminal proceeding is not guilty of the offence with which that other person is there charged;

(c)the person has personally or by counsel asked questions of any witness with a view to establishing the person’s own good character, or has given evidence of the person’s good character, or the nature or conduct of the defence is such as to involve imputations on the character of the prosecutor or of any witness for the prosecution or of any other person charged in that criminal proceeding;

(d)the person has given evidence against any other person charged in that criminal proceeding.

(3)A question of a kind mentioned in subsection (2)(a), (b) or (c) may be asked only with the court’s permission.

(4)If the proceeding is a trial by jury, an application for the court’s permission under subsection (3) must be made in the absence of the jury.

15A   Questioning of witness as to certain convictions

A witness in any criminal or civil proceeding shall not be asked and if asked shall not be required to answer any question tending to show that the witness has committed or been convicted of or been charged with any offence if, where the witness has been convicted of the offence—

(a)the conviction is one in relation to which a rehabilitation period is capable of running pursuant to the Criminal Law (Rehabilitation of Offenders) Act 1986; and

(b)in relation to the conviction the rehabilitation period within the meaning of that Act is not running at the time of the criminal or civil proceeding;

unless the permission of the court to ask the question has first been obtained, such permission to be applied for in a trial by jury in the absence of the jury.

16   Witness may be questioned as to previous conviction

Subject to this Act, a witness may be questioned as to whether the witness has been convicted of any indictable or other offence and upon being so questioned, if the witness either denies the fact or refuses to answer, it shall be lawful for the party so questioning to prove such conviction.

17   How far a party may discredit the party’s own witness

(1)A party producing a witness shall not be allowed to impeach the credit of the witness by general evidence of bad character but may contradict the witness by other evidence, or (in case the witness in the opinion of the court proves adverse) may by leave of the court prove that the witness has made at other times a statement inconsistent with the present testimony of the witness.

(2)However, before such last mentioned proof can be given, the circumstances of the supposed statement sufficient to designate the particular occasion must be mentioned to the witness and the witness must be asked whether or not the witness has made such statement.

18   Proof of previous inconsistent statement of witness

(1)If a witness upon cross-examination as to a former statement made by the witness relative to the subject matter of the proceeding and inconsistent with the present testimony of the witness does not distinctly admit that the witness has made such statement, proof may be given that the witness did in fact make it.

(2)However, before such proof can be given, the circumstances of the supposed statement sufficient to designate the particular occasion must be mentioned to the witness and the witness must be asked whether or not the witness has made such statement.

19   Witness may be cross-examined as to written statement without being shown it

(1)A witness may be cross-examined as to a previous statement made by the witness in writing or reduced into writing relative to the subject matter of the proceeding without such writing being shown to the witness.

(1A)However, if it is intended to contradict the witness by the writing the attention of the witness must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting the witness.

(2)A court may at any time during the hearing of a proceeding direct that the writing containing a statement referred to in subsection (1) be produced to the court and the court may make such use in the proceeding of the writing as the court thinks fit.

20   Cross-examination as to credit

(1)The court may disallow a question as to credit put to a witness in cross-examination, or inform the witness the question need not be answered, if the court considers an admission of the question’s truth would not materially impair confidence in the reliability of the witness’s evidence.

(2)In this section—

question as to credit, for a witness, means a question that is not relevant to the proceeding except that an admission of the question’s truth may affect the witness’s credit by injuring the witness’s character.

20A    Improper questions

(1)The court must disallow a question put to a witness in cross-examination or inform a witness a question need not be answered, if the court considers the question is an improper question.

(2)For subsection (1), an improper question includes a question that—

(a)is misleading or confusing; or

(b)is unduly annoying, harassing, intimidating, offensive, oppressive, humiliating or repetitive; or

(c)is put to the witness in a manner or tone that is belittling, insulting or otherwise inappropriate; or

(d)has no basis other than a stereotype (for example, a stereotype based on the witness’s age, race, culture, gender, sex, sex characteristics, sexuality or mental, intellectual or physical disability).

(3)In deciding whether a question is an improper question, the court must take into account—

(a)any relevant condition or characteristic of the witness of which the court is, or is made, aware, including age, race, culture, gender identity, sex, sex characteristics, sexuality, education, language background and skills and level of maturity and understanding; and

(b)any mental, intellectual or physical disability to which the witness is, or appears to be, subject and of which the court is, or is made, aware; and

(c)the context in which the question is put, including—

(i)the nature of the proceeding; and

(ii)in a criminal proceeding—the nature of the offence to which the proceeding relates; and

(iii)the relationship (if any) between the witness and any other party to the proceeding.

(4)Subsection (3) does not limit the matters the court may take into account in deciding whether a question is an improper question.

(5)A question is not an improper question merely because—

(a)the question challenges the truthfulness of the witness or the consistency or accuracy of any statement made by the witness; or

(b)the question requires the witness to discuss a subject that the witness could consider to be private or distasteful.

(6)A party may object to a question put to a witness on the ground that it is an improper question.

(7)However, the duty imposed on the court by this section applies whether or not an objection is raised to a particular question.

(8)A failure by the court to disallow a question under this section, or to inform the witness that it need not be answered, does not affect the admissibility in evidence of any answer given by the witness in response to the question.

Division 4 Evidence of special witnesses

20B    Definitions for division

In this division—

criminal organisation see the Penalties and Sentences Act 1992, section 161O.

domestic violence see the Domestic and Family Violence Protection Act 2012, section 8.

participant, in a criminal organisation, see the Penalties and Sentences Act 1992, section 161P.

party includes a person who is present in court and is a member, a representative (other than a legal representative) or a nominee of an organisation that is a party to the proceeding.

relevant matter, for a person, means the person’s age, education, level of understanding, cultural background or relationship to any party to the proceeding, the nature of the subject matter of the evidence, or another matter the court considers relevant.

relevant proceeding means a criminal proceeding relating wholly or partly to—

(a)a sexual offence; or

(b)a domestic violence offence.

serious criminal offence means—

(a)an indictable offence punishable by at least 7 years imprisonment, including an offence against a repealed provision of an Act; or

(b)a prescribed offence as defined under the Penalties and Sentences Act 1992, section 161N, other than an offence mentioned in paragraph (a), charged with a circumstance of aggravation stated in section 161Q of that Act.

special witness see section 21.

21    Meaning of special witness

(1)In this division—

special witness means—

(a)a child under 16 years; or

(b)a person who, in the court’s opinion would, as a result of a mental, intellectual or physical impairment or a relevant matter, be likely to be disadvantaged as a witness if required to give evidence in accordance with the usual rules and practice of the court; or

(c)a person who, in the court’s opinion would, if required to give evidence in accordance with the usual rules and practice of the court, be likely to—

(i)suffer severe emotional trauma; or

(ii)be so intimidated as to be disadvantaged as a witness; or

(d)a person who is to give evidence about the commission of a serious criminal offence committed by a criminal organisation or a participant in a criminal organisation; or

(e)a person—

(i)against whom domestic violence has been or is alleged to have been committed by another person; and

(ii)who is to give evidence about the commission of an offence by the other person; or

(f)a person—

(i)against whom a sexual offence has been, or is alleged to have been, committed by another person; and

(ii)who is to give evidence about the commission of an offence by the other person.

(2)For the purpose of the definition of special witness, unless the contrary intention appears—

(a)a party to a proceeding may be a special witness; or

(b)in a criminal proceeding, the person charged may be a special witness.

21A   Evidence of special witnesses

(1)This section applies if a special witness is to give or is giving evidence in any proceeding.

(1A)This section does not apply to a child to the extent division 4A applies to the child.

(2)The court may, of its own motion or upon application made by a party to the proceeding, make or give 1 or more of the following orders or directions—

(a)in the case of a criminal proceeding—that the person charged or other party to the proceeding—

(i)be excluded from the room in which the court is sitting while the special witness is giving evidence or is required to appear in court for any other purpose; or

(ii)be obscured from the view of the special witness while the special witness is giving evidence or is required to appear in court for any other purpose;

(b)that, while the special witness is giving evidence, all persons other than those specified by the court be excluded from the room in which it is sitting;

(c)that the special witness give evidence in a room—

(i)other than that in which the court is sitting; and

(ii)from which all persons other than those specified by the court are excluded;

(d)that a person approved by the court be present while the special witness is giving evidence or is required to appear in court for any other purpose in order to provide emotional support to the special witness;

(e)that a videorecording of the evidence of the special witness or any portion of it be made under such conditions as are specified in the order and that the videorecorded evidence be viewed and heard in the proceeding instead of the direct testimony of the special witness;

(f)another order or direction the court considers appropriate about the giving of evidence by the special witness, including, for example, any of the following—

(i)a direction about rest breaks for the special witness;

(ii)a direction that questions for the special witness be kept simple;

(iii)a direction that questions for the special witness be limited by time;

(iv)a direction that the number of questions for a special witness on a particular issue be limited.

(3)In the case of a relevant proceeding, the court must, on the application of a party to the proceedings, make or give an order or direction under subsection (2)(a)(ii), (c), (d), or (e) unless—

(a) the court is satisfied that it would not be in the interests of justice to do so; or

(b)subject to subsection (9), appropriate equipment and facilities are unavailable to accommodate an order or direction under those paragraphs.

(3A)A party to a proceeding who seeks to apply under subsection (2) or (3) for an order or direction must give reasonable notice to each other party of their intention to apply.

(4)Subject to any order made pursuant to subsection (5), in any criminal proceeding, including a relevant proceeding, an order shall not be made pursuant to subsection (2)(a), (b) or (c) excluding the person charged from the room in which a special witness is giving evidence unless provision is made, by means of an electronic device or otherwise, for that person to see and hear the special witness while the special witness is giving evidence.

(5AA)An order must not be made under subsection (2)(b) or (c) or (5) excluding from the room in which a special witness is giving evidence an intermediary under division 4C for the witness.

(5)Where the making of a videorecording of the evidence of a special witness is ordered pursuant to subsection (2)(e), the court may further order that all persons other than those specified by the court be excluded from the room in which the special witness is giving that evidence.

(5A)However, any person entitled in the proceeding to examine or cross-examine the special witness shall be given reasonable opportunity to view any portion of the videorecording of the evidence relevant to the conduct of that examination or cross-examination.

(6)A videorecording made under this section of evidence given by a special witness, or a lawfully edited copy of the videorecording—

(a)is as admissible as if the evidence were given orally in the proceeding in accordance with the usual rules and practice of the court; and

(b)is, unless the relevant court otherwise orders, admissible in—

(i)any rehearing or retrial of, or appeal from, the proceeding; or

(ii)in the case of evidence given for a criminal proceeding—

(A)another proceeding in the same court for the relevant charge or for another charge arising out of the same, or the same set of, circumstances; or

(B)a civil proceeding arising from the commission of the offence.

(6A)A reference in subsection (6) to a videorecording made under this section includes a reference to a copy of the videorecording on a separate data storage medium if—

(a)the videorecording is a digital recording; and

(b)the copy of the videorecording on the separate data storage medium has been made by—

(i)the principal registrar of a court; or

(ii)a person authorised by the principal registrar of a court to copy the videorecording onto the separate data storage medium.

(7)The room in which a special witness gives evidence pursuant to an order made pursuant to subsection (2)(c) or (e) shall be deemed to be part of the court in which the proceeding is being held.

(8)If evidence is given or presented, or to be given or presented, in a proceeding on indictment under an order or direction under subsection (2)(a) to (e) or section 21AAA(2), the judge presiding at the proceeding must instruct the jury that—

(a)they should not draw any inference as to the defendant’s guilt from the order or direction; and

(b)the probative value of the evidence is not increased or decreased because of the order or direction; and

(c)the evidence is not to be given any greater or lesser weight because of the order or direction.

(9)To remove any doubt, it is declared that the court may make any other order it thinks fit to facilitate an order or direction under subsection (2)(a)(ii), (c), (d), or (e) made pursuant to an application under subsection (3).

21AAA    Exclusion of particular persons while particular evidence is presented

(1)This section applies if the evidence of a special witness contained in any of the following is to be presented at a proceeding—

(a)a videorecording made under section 21A, or a lawfully edited copy of the videorecording;

(b)the usable soundtrack of a videorecording, or a lawfully edited copy of a videorecording, mentioned in paragraph (a), or a lawfully edited copy of the usable soundtrack;

Note—

See part 2, division 4AA in relation to the use of soundtracks from particular recordings.

(c)a statement that, under section 93A, is admissible as evidence in the proceeding;

(d)a recorded statement, or a lawfully edited copy of the recorded statement, that is admissible as evidence in the proceeding.

(2)The court may, on its own initiative or on an application made by a party to the proceeding, order that, while the evidence is being presented at the proceeding, all persons other than those specified by the court be excluded from the room in which it is sitting.

Note—

See also section 21A(8) for the instructions that must be given to a jury if an order is made under this subsection.

(3)However, if the evidence is to be presented at a criminal proceeding, the court may not, under subsection (2), exclude the person charged.

Notes—

1See section 21A(2)(a) and (b), (4) and (5) in relation to the court’s power to exclude particular persons while a special witness is giving evidence under that section.

2See the Child Protection Act 1999, section 193 for restrictions on disclosing identifying information about a special witness who is a child.

21AAB    Directions hearings

(1)This section applies to a relevant proceeding.

(2)The court may, on its own initiative or on the application of a party to the proceeding, direct that—

(a)a directions hearing be held, about evidence to be given by a special witness; and

(b)further directions hearings be held at any later stage in the proceeding.

(3)At a directions hearing, the court may—

(a)consider the communication needs of a special witness in a relevant proceeding and the most effective way to communicate with the witness; and

(b)give any directions about the giving of evidence by the witness that the court considers appropriate for the fair and efficient conduct of the proceeding.

(4)Without limiting subsection (3), a direction may be given about any of the following matters—

(a)the manner of questioning the witness;

(b)the duration of questioning the witness;

(c)the questions that may, or may not, be put to the witness;

(d)if there is more than 1 defendant, the allocation among the defendants of the topics about which the witness may be questioned;

(e)the use of models, plans, body maps or similar aids to—

(i)help communicate a question to be put to the witness; or

(ii)help the witness communicate an answer to a question put to the witness.

(5)Subsections (3) and (4) do not limit—

(a)section 21A(2) or (3); or

(b)the Criminal Code, section 590AA; or

(c)the Justices Act 1886, section 83A.

(6)This section does not apply to the extent division 4C, subdivision 3 applies.

21AAC    Special witness evidence to be videorecorded

(1)This section applies to the evidence of a special witness in a trial in a criminal proceeding relating wholly or partly to a sexual offence, other than the person charged.

(2)The court must direct that a videorecording of the evidence of a special witness be made if—

(a)a special witness is giving evidence; and

(b)appropriate equipment and facilities are available for videorecording the special witness’s evidence.

(3)A videorecording made under this section, or a lawfully edited copy of the videorecording, is admissible in any of the following as if the evidence were given orally in the proceeding in accordance with the usual rules and practice of the court, unless the relevant court otherwise orders—

(a)any rehearing or retrial of, or appeal from, the proceeding in which the videorecording was made;

(b)another proceeding for the relevant charge or another charge arising out of the same, or the same set of, circumstances;

(c)a civil proceeding arising from the commission of the offence.

(4)The reference in subsection (3) to a videorecording includes a digital copy of the videorecording on a separate data storage medium if the copy has been made by—

(a)the principal registrar of a court; or

(b)a person authorised by the principal registrar of a court to copy the videorecording onto the separate data storage medium.

(5)Subsection (2) applies regardless of whether an order or direction is also made under section 21A(2)(e).

21AAD    Recall of a special witness

(1)This section applies if a videorecording of the evidence of a special witness is admitted in a proceeding under section 21AAC(3).

(2)This admission of the videorecording does not prevent a party to the proceeding applying to the court for the special witness to attend the proceeding to give further evidence.

(3)However, the court must not make an order for the special witness to give further evidence or reappear unless the court is satisfied that—

(a)if the special witness had given evidence in the ordinary way, the special witness could be recalled to give further evidence; and

(b)it would be in the interests of justice to make the order.

Division 4A Evidence of affected children

Subdivision 1 Preliminary

21AA   Purposes of div 4A

The purposes of this division are—

(a)to preserve, to the greatest extent practicable, the integrity of an affected child’s evidence; and

(b)to require, wherever practicable, that an affected child’s evidence be taken in an environment that limits, to the greatest extent practicable, the distress and trauma that might otherwise be experienced by the child when giving evidence.

21AB   How purposes are to be achieved

To achieve the purposes of this division, the division prescribes the following measures for an affected child when giving evidence for a relevant proceeding—

(a)for a criminal proceeding—

(i)the child’s evidence is to be prerecorded in the presence of a judicial officer, but in advance of the proceeding;

(ii)if the measure in subparagraph (i) can not be given effect, the child’s evidence is to be given at the proceeding, but with the use of an audio visual link or with the benefit of a screen;

(iii)for a committal proceeding, the child’s evidence-in chief is to be given only as a statement and, ordinarily, the child is not to be called as a witness for cross-examination;

(b)for a civil proceeding, the child’s evidence is to be given at the proceeding with the use of an audio visual link or with the benefit of a screen.

21AC   Definitions for div 4A

In this division—

affected child means a child who is a witness in a relevant proceeding and who is not a defendant in the proceeding.

child see section 21AD.

civil proceeding arising from the commission of a relevant offence does not include a proceeding for a domestic violence order under the Domestic and Family Violence Protection Act 2012.

counsel includes solicitor.

cultural recognition order see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020, schedule 1.

defendant means—

(a)in a criminal proceeding—a person charged with an offence; or

(b)in a civil proceeding arising from the commission of a relevant offence—a person whose act or omission is complained of.

offence involving violence means an offence against any of the following provisions of the Criminal Code—

•a provision of chapter 28 or 28A

•a provision of chapter 29 other than section 317A, 318, 319, 319A, 321, 321A, 327, 329, 330, 333 or 334

•a provision of chapter 29A

•sections 335, 339, 340, 354, 354A and 355

•a provision of chapter 33A

•sections 363, 363A and 364.

offence of a sexual nature means an offence against any of the following provisions of the Criminal Code—

•a provision of chapter 22

•a provision of chapter 32.

parentage order relationship means a relationship arising because of—

(a)a parentage order under the Surrogacy Act 2010; or

(b)an order of another Australian jurisdiction that corresponds to a parentage order made under that Act.

preliminary hearing means a hearing under section 21AK.

prescribed relationship, between a child who is a witness in a proceeding and a defendant in the proceeding, means any of the following—

(a)a relationship, regardless of whether it is a half, adoptive, step, parentage order or cultural recognition order relationship, where the defendant is—

(i)a parent of the child; or

(ii)a grandparent of the child; or

(iii)a brother or sister of the child; or

(iv)an uncle, aunt, nephew, niece or cousin of the child;

(b)a relationship arising because, at the time of the alleged offence with which the defendant is charged, the defendant lived in the same household as the child;

(c)a relationship arising because the defendant had the care of, or exercised authority over, the child in a household on a regular basis.

proceeding means any civil or criminal proceeding, including a preliminary hearing.

relevant offence, in relation to a proceeding, means—

(a)an offence of a sexual nature; or

(b)an offence involving violence, if there is a prescribed relationship between a child who is a witness in the proceeding and a defendant in the proceeding.

relevant proceeding means—

(a)a criminal proceeding for a relevant offence, whether or not the proceeding also relates to other offences; or

(b)a civil proceeding arising from the commission of a relevant offence.

step relationship includes a relationship corresponding to a step relationship arising because of cohabitation in a de facto relationship or because of a foster relationship or a legal arrangement.

21AD   Meaning of child

(1)For the purposes of a proceeding for this division, a child is—

(a)if the proceeding is a criminal proceeding—

(i)an individual who is under 16 years when the first of the following happens—

(A)the defendant in the proceeding is arrested;

(B)a complaint is made under the Justices Act 1886, section 42 in relation to the defendant in the proceeding;

(C)a notice to appear is served on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382; or

(ii)an individual who is 16 or 17 years when the first of the matters mentioned in subparagraph (i) happens and who is a special witness; or

(b)if the proceeding is a civil proceeding arising from the commission of a relevant offence—

(i)an individual who is under 16 years when the proceeding starts; or

(ii)an individual who is 16 or 17 years when the proceeding starts and who is a special witness.

(2)An individual remains a child for the purposes of giving evidence for a proceeding if the child gives evidence for the proceeding at any time before the child turns 18 years.

Subdivision 2 Committal proceeding

21AE   Application of sdiv 2

This subdivision applies to the taking of an affected child’s evidence for a committal proceeding for a relevant offence, whether or not the committal proceeding also relates to other offences.

21AF   Evidence-in-chief

(1)The affected child’s evidence-in-chief must be given as a statement without the child being called as a witness.

(2)For this section, the Justices Act 1886, section 110A applies with all necessary changes and as though a reference in that section to a written statement included a reference to a statement contained in a document as defined under schedule 3.

(3)Also, for the purposes of applying the Justices Act 1886, section 110A, that section is to be read with the following changes—

(a)if the child’s statement is a written statement—subsections (4), (5), (6), (6B), (8) and (9) of that section were omitted;

(b)if the child’s statement is not a written statement—

(i)subsections (4), (5), (6), (6B), (6C), (8) and (9) of that section were omitted; and

(ii)in subsection (13)—

(A)the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place; and

(B)paragraph (a) were omitted.

(4)Further, for the purposes of applying the Justices Act 1886, section 111, that section applies with all necessary changes and is to be read as though, in subsections (1) and (2), the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place.

(5)In addition, for the purposes of applying the Criminal Law Amendment Act 1892, section 4, that section applies with all necessary changes and is to be read as though—

(a)a reference to a deposition included a reference to a statement contained in a document; and

(b)a reference to the reading of a deposition that is not a written statement included a reference to the showing of a statement contained in a document.

(6)In this section—

statement means—

(a)a written statement; or

(b)a statement contained in a document.

21AG   Cross-examination

(1)The affected child may be cross-examined only if, under this section, a magistrate requires a party to call the child as a witness for that purpose.

(2)The requirement may be made, on an application, by—

(a)a magistrate at a direction hearing under the Justices Act 1886, section 83A; or

(b)the magistrate presiding at the committal proceeding.

(3)A magistrate at a direction hearing must not require the child to be called as a witness for cross-examination unless the magistrate is satisfied that—

(a)the party seeking to cross-examine the child has—

(i)identified an issue to which the proposed questioning relates; and

(ii)provided a reason why the evidence of the child is relevant to the issue; and

(iii)explained why the evidence disclosed by the prosecution does not address the issue; and

(iv)identified to the magistrate the purpose and general nature of the questions to be put to the child to address the issue; and

(b)the interests of justice can not adequately be satisfied by leaving cross-examination of the child about the issue to the trial.

(4)The magistrate presiding at the committal proceeding must not require the child to be called as a witness for cross-examination unless the magistrate is satisfied that—

(a)the evidence before the court at the committal has identified an issue to which the proposed questioning relates that could not reasonably have been anticipated before the committal; and

(b)the party making the application has—

(i)provided a reason why the evidence of the child is relevant to the issue; and

(ii)explained why the evidence before the court does not address the issue; and

(iii)identified to the magistrate the purpose and general nature of the questions to be put to the child to address the issue; and

(c)the interests of justice can not adequately be satisfied by leaving cross-examination of the child about the issue to the trial.

(5)Without limiting the matters to which the magistrate may have regard for subsection (3)(b) or (4)(c), the magistrate—

(a)must consider whether—

(i)the prosecution case is adequately disclosed; and

(ii)the charge is adequately particularised; and

(b)must have regard to the vulnerability of children, the general principles stated in section 9E and the undesirability of calling a child as a witness for a committal proceeding.

(6)The magistrate must give reasons for the magistrate’s decision on the application.

(7)If, under this section, the magistrate requires a party to call the child as a witness for cross-examination—

(a)the child’s evidence must be taken under subdivision 3 or 4; and

(b)when the magistrate decides the application, the magistrate must decide whether the child’s evidence is to be taken under subdivision 3 or under subdivision 4, and how it is to be taken, and give a direction accordingly.

(8)In deciding whether the child’s evidence is to be taken under subdivision 3 or 4, and how it is to be taken, the magistrate must have regard to the following—

(a)the distress or trauma likely to be suffered by the child when giving evidence and the need to minimise the child’s distress or trauma;

(b)whether a local court has an audio visual link and, if not, the availability of another appropriate place with appropriate equipment and facilities for taking or videorecording the child’s evidence under subdivision 3 or 4;

(c)whether the parties would be substantially inconvenienced if the proceeding were to be adjourned to another place mentioned in paragraph (b) that is not within the same locality as the court;

(d)the need for committal proceedings to be conducted expeditiously.

(9)In this section—

local court means—

(a)in relation to a magistrate at a direction hearing—a court at which the committal proceeding would ordinarily be held; or

(b)in relation to the magistrate presiding at the committal proceeding—the court in which the committal proceeding is being held or another court within the court precincts.

magistrate, presiding at a committal proceeding, includes justices presiding at the proceeding.

21AH   Limitation on cross-examination

(1)If the affected child is to be cross-examined, the party calling the child may first ask the child questions for identifying the child and establishing that the child made the statement mentioned in section 21AF and the truthfulness of the statement.

(2)The presiding magistrate or justices must not allow the child to be cross-examined about an issue other than the issue in relation to which the child was required to be called unless the magistrate or justices are satisfied as mentioned in section 21AG(3)(a) and (b) or section 21AG(4)(a) to (c), whichever is relevant, in relation to the issue.

(3)Also, the presiding magistrate or justices—

(a)must not allow cross-examination to continue to the extent it—

(i)does not appear relevant to an issue for which it may be conducted; or

(ii)consists of exploratory questions asked in the hope of receiving any answer of any assistance to the party conducting the cross-examination, commonly known as a ‘fishing expedition’; and

(b)must disallow a question that may be disallowed under section 20 or 21.

(4)The child may be re-examined by the party calling the child.

Subdivision 3 Prerecording of affected child’s evidence

21AI   Application of sdiv 3

(1)This subdivision applies to taking an affected child’s evidence—

(a)for a summary trial for a relevant offence; and

(b)for a trial on indictment for a relevant offence; and

(c)for a committal proceeding for a relevant offence, if a magistrate or justices give a direction as mentioned in section 21AG(7)(b) that the child’s evidence is to be taken under this subdivision.

(2)However, this subdivision does not apply to an affected child who is a witness for the defence.

(3)Subsection (1) applies to a proceeding whether or not the proceeding also relates to offences other than the relevant offence.

21AJ   Presentation of indictment

If the affected child’s evidence is to be taken for a trial on indictment, the indictment must be presented before the evidence can be taken under this subdivision.

167   Applications for non-publication orders made before commencement

(1)This section applies to an application for a non-publication order made but not decided under the repealed Criminal Law (Sexual Offences) Act 1978, former section 7(2) before the commencement.

(2)The application is taken to be an application under section 103ZZW.

(3)A notification given under the repealed Criminal Law (Sexual Offences) Act 1978, former section 7A in relation to the application is taken to be a notification given in relation to the application under section 103ZZX.

168   Continued operation of non-publication orders and interim orders

On the commencement—

(a)a non-publication order made under the repealed Criminal Law (Sexual Offences) Act 1978, former section 7 and still in force is taken to be a non-publication order made under section 103ZZW; and

(b)an interim order made under the repealed Criminal Law (Sexual Offences) Act 1978, former section 7D and still in force is taken to be an interim order made under section 103ZZZA.

169   Application of repealed Criminal Law (Sexual Offences) Act 1978

(1)Subsection (2) applies in relation to an offence against the repealed Criminal Law (Sexual Offences) Act 1978, former section 6 or former section 7F committed by a person before the commencement.

(2)Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024, section 103 had not commenced.

(3)Subsection (2) applies despite the Criminal Code, section 11.

170   Section 134AA applies to proceedings started after commencement

Section 134AA applies to a transcript of a criminal proceeding only if the proceeding started after the commencement.

Division 15 Integrity and Other Legislation Amendment Act 2024

171   Sexual assault counselling privilege

(1)This section applies to any of the following (a relevant action) done before the commencement of this section—

(a)an exercise or purported exercise of a court’s jurisdiction in dealing with a leave application;

(b)anything else done or purportedly done by a court or person in relation to a leave application.

(2)The rights and liabilities of all persons affected by the relevant action are the same, and are taken to have always been the same, as they would be or would have been if amended section 14H had been in force at the time of the relevant action.

(3)Subsection (2) applies for all purposes, including for the purpose of a leave application made but not decided before the commencement.

(4)In this section—

amended section 14H means section 14H as amended by the Integrity and Other Legislation Amendment Act 2024.

leave application means an application for the leave of the court under part 2, division 2A, subdivision 3.

Division 16 Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025

172   Application of s 94A to sexual offences charged before s 162 commencement

(1)Section 94A applies in relation to a proceeding for a sexual offence charged against the defendant before the section 162 commencement.

(2)Subsection (1) is taken to have applied from the section 162 commencement.

(3)To remove any doubt, it is declared that this section applies in addition to section 162.

(4)In this section—

section 162 commencement means the commencement of section 162.

Note—

Section 162 commenced on 23 September 2024.

Division 17 Transitional provisions for the Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Act 2024

173   Alternative arrangements for, and evidence of, special witnesses

Section 21A(3) and (3A) apply to a proceeding for an offence committed before the commencement if an originating step for the proceeding is taken on or after the commencement.

174   Alternative arrangements for, and evidence of, special witnesses

Section 21AAB applies to a proceeding for an offence committed before the commencement if an originating step for the proceeding is taken on or after the commencement.

175    Alternative arrangements for, and evidence of, special witnesses

Section 21AAC(2) applies to a proceeding for an offence committed before the commencement if an originating step for the proceeding is taken on or after the commencement.

176   Expert evidence about the nature of sexual offences and factors that might affect the behaviour of victims

An expert may be engaged to give evidence to which section 103ZZGB(1) relates in a proceeding for an offence committed before the commencement if an originating step for the proceeding is taken on or after the commencement.

177   Tendency evidence and coincidence evidence

Part 7A applies to a proceeding for an offence committed before the commencement if an originating step for the proceeding is taken on or after the commencement.

Schedule 1 Examples of offices of a public nature established under an Act

section 42

1Auditor-general

2Chairperson of the CCC

3Chief executive of a department

4Chief executive officer of a local government

5Clerk of the Parliament

6Director of public prosecutions

7Electoral commissioner

8Information commissioner

9Mayor of a local government

10Parliamentary counsel

11Police commissioner

12Public trustee

13Ombudsman

14Registrar-general

15Registrar of titles

16Solicitor-general

Schedule 2 [Repealed](Repealed)

Schedule 3 Dictionary

section 3

accredited media entity, for part 6C, see section 103ZZL.

affected child, for part 2, division 4A, see section 21AC.

affidavit, for part 7, see section 104.

approved form see section 134B.

assumed name, for part 2, division 5, see section 21C.

audio link, for part 3A, see section 39C.

audio visual link means facilities, including closed-circuit television, that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places.

Australian lawyer see the Legal Profession Act 2007, section 5(1).

authorised destruction day, for part 2, division 4B, see section 21AZF(1).

authorised officer, for part 2, division 2B, see section 14ZC.

before, for part 3A, see section 39C.

book of account, for part 5, division 6, see section 83.

business, for part 7, see section 104.

capacity, for part 6C, division 2, see section 103ZZM.

CCC, for part 2, division 5, see section 21C.

chief executive officer, for part 2, division 5, see section 21C.

chief executive (surveys) means the chief executive of the department in which the Surveyors Act 2003 is administered.

child, for part 2, division 4A, see section 21AD.

civil proceeding arising from the commission of a relevant offence, for part 2, division 4A, see section 21AC.

civil proceedings, for part 3, division 3, see section 35.

CMC ...

coincidence evidence, for part 7A, see section 129AB(1).

complainant—

(a)for part 6A, see section 103A; or

(b)for part 6C, see section 103ZZL.

complainant privacy order, for part 6C, division 4, see section 103ZZZG.

conduct, for part 2, division 5, see section 21C.

consent, for part 6C, division 2, see section 103ZZM.

controlled operation ...

convicted, for part 2, division 5, see section 21C.

conviction, for part 5, division 5, see section 78.

copy, of a document, see section 4.

corresponding court, for part 3, division 2, see section 25.

corresponding law, for part 2, division 5, see section 21C.

corresponding witness identity protection certificate, for part 2, division 5, see section 21C.

corruption, for part 2, division 5, see section 21C.

counsel, a person for part 2, division 2A, see section 14B.

counsel, for part 2, division 4A, see section 21AC.

counselled person, for part 2, division 2A, see section 14B.

counsellor, for part 2, division 2A, see section 14B.

court—

(a)for part 5, division 5—see section 78; or

(b)for part 5, division 6—see section 83; or

(c)otherwise—means the court, tribunal, judge, justice, arbitrator, body or person before whom or which a proceeding is held or taken.

court location, for part 3A, see section 39C.

court name, for part 2, division 5, see section 21C.

covert operative ...

criminal activity, for part 2, division 5, see section 21C.

criminal organisation, for part 2, division 4, see section 20B.

criminal proceeding includes a proceeding wherein a person is charged with a simple offence, and an examination of witnesses in relation to an indictable offence.

defence, for part 6A, see section 103A.

defendant, for part 2, division 4A, see section 21AC.

directions hearing, for part 2, division 4C, see section 21AZP(1).

disclosure requirement, for part 2, division 2B, see section 14T.

document includes, in addition to a document in writing—

(a)any part of a document in writing or of any other document as defined herein; and

(b)any book, map, plan, graph or drawing; and

(c)any photograph; and

(d)any label, marking or other writing which identifies or describes anything of which it forms part, or to which it is attached by any means whatever; and

(e)any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(f)any film, negative, tape or other device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and

(g)any other record of information whatever.

domestic relationship means a relevant relationship under the Domestic and Family Violence Protection Act 2012, section 13.

domestic violence see the Domestic and Family Violence Protection Act 2012, section 8.

domestic violence offence see section 103B.

domestic violence order see the Domestic and Family Violence Protection Act 2012, section 23(2).

domestic violence proceeding see section 103C.

eligible person, in relation to a charge of a prescribed sexual offence, for part 6C, division 3, see section 103ZZV.

employment-screening Act means—

(a)the Disability Services Act 2006; or

(b)the Working with Children (Risk Management and Screening) Act 2000.

employment-screening applicant, in relation to a section 93A transcript or a transcript of a recorded statement, means a person—

(a)who allegedly committed the alleged offence to which the transcript relates; and

(b)about whom an employment-screening decision has been, or is proposed to be, made.

employment-screening decision means—

(a)a decision under the Disability Services Act 2006 about—

(i)whether a clearance or exclusion should be issued to a person; or

(ii)whether a clearance or exclusion issued to a person should be cancelled; or

(b)an employment-screening decision under the Working with Children (Risk Management and Screening) Act 2000; or

(c)a decision on a review of a decision mentioned in paragraph (a) or (b); or

(d)a decision on a review of, or appeal against, a decision mentioned in paragraph (c).

essential person, for a proceeding for part 2, division 2A, see section 14B.

Evidence Act section 93A device statement, see the Criminal Code, section 590AFA.

examiner, for part 3, division 2, see section 25.

excluded person, for part 6B, division 4, subdivision 2, see section 103ZZGA.

external location, for part 3A, see section 39C.

family member, of a person, for part 6A, see section 103A.

film includes a microfilm.

gazette includes any gazette, or part of a gazette, published by the government printer.

Example—

Queensland Government Gazette

help-seeking behaviour, for part 6A, see section 103A.

identifying matter—

(a)in relation to a complainant, for part 6C, see section 103ZZL; or

(b)in relation to a defendant, for part 6C, division 3, see section 103ZZV.

informant, for part 2, division 2B, see section 14Q(1)(a).

intellectually impaired person ...

interim complainant privacy order, for part 6C, division 4, see section 103ZZZD.

interim order, for part 6C, division 3, see section 103ZZZA(1).

intermediaries panel, for part 2, division 4C, see section 21AZV(4).

intermediary, for part 2, division 4C, see section 21AZI.

intimate partner, of a person, for part 6A, see section 103A.

investigation, for part 2, division 5, see section 21C.

journalist, for part 2, division 2B, see section 14R(1).

judge means the member or members of a court.

judicial officer means a judge, magistrate or justices.

jurisdiction, for part 2, division 5, see section 21C.

law enforcement agency, for part 2, division 5, see section 21C.

lawfully edited copy—

(a)of a videorecording of evidence given by a special witness or an affected child—means a copy of the videorecording that has been edited or otherwise changed under an approval given under section 21AZ; or

(b)of a usable soundtrack of a videorecording containing the evidence of a special witness or an affected child—means a copy of the usable soundtrack of the videorecording that has been edited or otherwise changed under an approval given under section 21AZ; or

(c)of a recorded statement under part 6A—means a copy of the recorded statement that has been edited or otherwise altered in compliance with section 103O.

machine copy, for part 7, see section 104.

minimum retention period, for part 2, division 4B, see section 21AZE(4)(a).

misconduct ...

news medium, for part 2, division 2B, see section 14T.

non-publication order, for part 6C, division 3, see section 103ZZW(2).

offence involving violence, for part 2, division 4A, see section 21AC.

offence of a sexual nature, for part 2, division 4A, see section 21AC.

operative, for part 2, division 5, see section 21C.

original document, for part 7, see section 104.

overseas country—

(a)for part 3, division 3—see section 35; or

(b)for part 5, division 3—see section 67.

parentage order relationship, for part 2, division 4A, see section 21AC.

participant, in a criminal organisation, for part 2, division 4, see section 20B.

participating State, for part 3A, see section 39C.

party means—

(a)for part 2, division 4, see section 20B; and

(b)for part 2, division 5, see section 21C.

person with an impairment of the mind means a person with a disability that—

(a)is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these; and

(b)results in—

(i)a substantial reduction of the person’s capacity for communication, social interaction or learning; and

(ii)the person needing support.

police commissioner ...

police service means the Queensland Police Service.

preliminary hearing, for part 2, division 4A, see section 21AC.

prescribed country, for part 3, division 2, see section 25.

prescribed relationship, between a child who is a witness in a proceeding and a defendant in the proceeding, for part 2, division 4A, see section 21AC.

prescribed sexual offence, for part 6C, division 3, see section 103ZZV.

presiding judicial officer, for part 2, division 4B, see section 21AY.

principal registrar, of a court, means—

(a)for a Magistrates Court—the person holding appointment as the principal registrar of Magistrates Courts mentioned in the Magistrates Courts Act 1921, section 3A(2); or

(b)for the District Court—the person appointed as the principal registrar under the District Court of Queensland Act 1967, section 36(1); or

(c)for the Supreme Court—the person appointed as the principal registrar under the Supreme Court of Queensland Act 1991, section 69(1).

probative value, for part 7A, see section 129AB(1).

proceeding—

(a)for part 2, division 4A—see section 21AC; or

(b)otherwise—means any civil, criminal or other proceeding or inquiry, reference or examination in which by law or by consent of parties evidence is or may be given, and includes an arbitration.

protected counselling communication, for part 2, division 2A, see section 14A.

protected witness, for part 2, division 6, see section 21M.

provided information, for part 2, division 2B, see section 14Q(1)(a).

publish, for part 6C, see section 103ZZL.

Queensland court, for part 3A, see section 39C.

recognised court, for part 3A, see section 39C.

recorded statement see section 103A.

recording, for part 2, division 4B, see section 21AY.

relative, of a person, for part 6A, see section 103A.

relevant court, for part 2, division 5, see section 21C.

relevant entity ...

relevant evidence, about a defendant, for part 6B, division 4, see section 103ZZE.

relevant matter, for a person, for part 2, division 4, see section 20B.

relevant offence, for part 2, division 4A, see section 21AC.

relevant person, for a journalist, for part 2, division 2B, see section 14T.

relevant proceeding means—

(a)for part 2, division 2B—see section 14S(1); or

(aa)for part 2, division 4, see section 20B; or

(b)for part 2, division 4A—see section 21AC; or

(c)for part 2, division 4C—see section 21AZJ; or

(d)for part 6B, division 4, subdivision 1—see section 103ZZD; or

(e)for part 6B, division 4, subdivision 2—see section 103ZZGA.

relevant witness, for part 2, division 4AA, see section 21AXC(1)(a).

religious representative, for part 2, division 2A, see section 14B.

reproduce, for part 7, see section 104.

reproduction, for part 7, see section 104.

request, for part 3, division 3, see section 35.

requesting court, for part 3, division 3, see section 36.

safety option, in relation to a defendant who is, or may be, a victim of domestic violence, for part 6A, see section 103A.

section 93A criminal statement—

(a)means a statement—

(i)made to a person investigating an alleged offence; and

(ii)given in, or in anticipation of, a criminal proceeding about the alleged offence; and

(iii)that is potentially admissible under section 93A; and

(b)includes a copy of a statement mentioned in paragraph (a), other than a copy—

(i)to the extent it is a transcript mentioned in section 4(a) or (c); and

(ii)that is part of a record, or a transcript of a record, of a legal proceeding under the Recording of Evidence Act 1962.

section 93A transcript—

(a)means a transcript of a section 93A criminal statement; and

(b)includes, if the context permits—

(i)a copy of a transcript of a section 93A criminal statement; and

(ii)a summary or copy of a summary of a transcript of a section 93A criminal statement.

self-defence, for part 6A, see section 103A.

sentenced, for part 6C, division 3, see section 103ZZV.

serious criminal offence, for part 2, division 4, see section 20B.

sexual assault offence, for part 2, division 2A, see section 14B.

sexual offence means an offence of a sexual nature, including, for example—

(a)an offence against a provision of the Criminal Code, chapter 22; and

(b)an offence against a provision of the Criminal Code, chapter 32.

sexual offence expert evidence panel, for part 6B, division 4, see section 103ZZH.

special witness see section 21.

statement includes any representation of fact, whether made in words or otherwise and whether made by a person, computer or otherwise.

statute, for part 5, division 3, see section 67.

step relationship, for part 2, division 4A, see section 21AC.

Supreme Court’s media accreditation policy, for part 6C, see section 103ZZL.

telegraph means a system of telecommunication operated under Commonwealth law.

telegraphic message means any message or other communication transmitted or intended for transmission or purporting to have been transmitted by telegraph.

telegraph office means an office or place established or used for receiving or transmitting telegraphic messages.

tendency evidence, for part 7A, see section 129AB(1).

tendency rule, for part 7A, see section 129AB(1).

transparency, for part 7, see section 104.

tribunal, for part 3A, see section 39C.

undertaking includes public administration and any business, profession, occupation, calling, trade or undertaking whether engaged in or carried on—

(a)by the Crown (in right of the State of Queensland or any other right), or by a statutory body, or by any other person; or

(b)for profit or not; or

(c)in Queensland or elsewhere.

usable soundtrack, of a videorecording, see section 21AXB.

vexatious, for part 6C, division 4, see section 103ZZZD.

videorecorded means recorded as a videorecording.

videorecording means a recording, including the accompanying soundtrack, on any medium from which a moving image may be produced by any means.

video-taped ...

video-taped recording ...

witness identity protection certificate, for part 2, division 5, see section 21C.