Evidence Act 1995 Evidence Amendment Regulation 1997 (1997-159) [GG No 43 of 24.4.1997, p 2235] (NSW)

1997 No 159

New South Wales

Evidence Amendment Regulation

1997

under the

Evidence Act 1995

His Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Evidence Act 1995.

JEFFREY W. SHAW, Q.C., M.L.C.,

Attorney General

Explanatory note

Clause 5 of the Evidence Regulation 1995 sets out the requirements for the contents of a notice of intention to adduce evidence of a “first-hand hearsay” representation where the maker of the representation will not be called as a witness.

Clause 6 sets out the requirements:

(a)	for the content of notices of intention to adduce evidence of a person’s character, reputation or conduct or of a tendency that the person has or had to prove that a person has or had a tendency to act in a particular way or to have a particular state of mind, and
(b)	for the content of notices of intention to adduce similar fact evidence to prove a fact by coincidence reasoning.

Clauses 5 and 6 currently require the notices to set out the addresses of persons who made the representations and of witnesses, respectively, in criminal and civil proceedings.

Published in Gazette No 43 of 24 April 1997, page 2235 Page 1

1997 No 159

Evidence Amendment Regulation 1997

Explanatory note

The objects of this Regulation are:

(a)	to omit the requirement in criminal proceedings to include the addresses of persons who made representations, and of witnesses, in notices referred to in clauses 5 and 6 but to enable courts to make orders directing that such addresses be disclosed (Schedule 1, other than Schedule 1 [4]), and
(b)	to correct a cross reference (Schedule 1 [4]).

This Regulation is made under the Evidence Act 1995, including sections 99 and 197 (the general regulation-making power).

1997 No 159

Evidence Amendment Regulation 1997	Clause 1
Evidence Amendment Regulation 1997
1 Name of Regulation

This Regulation is the Evidence Amendment Regulation 1997.

2 Commencement

This Regulation commences on 25th April 1997.

3 Amendment of Evidence Regulation 1995

The Evidence Regulation 1995 is amended as set out in

Schedule l.

4 Notes

The explanatory note does not form part of this Regulation.

1997 No 159

Evidence Amendment Regulation 1997

Schedule 1	Amendments
Schedule 1	Amendments

(Clause 3)

[1]         Clause 3 Definitions

Insert in clause 3 (1) in alphabetical order:

address includes a private, business or official address.

1. Clause 5 Exceptions to hearsay rule—notices of previous representations

   Omit “and addresses” from clause 5 (2) (c) (ii).

2. Clause 5 (2) (c) (iii)

   Insert at the end of clause 5 (2) (c) (ii):

   , and

   (iii)     in a civil proceeding-the address of each person so named,

[4]        Clause 5 (6)

Omit “subsection (2) (a)”. Insert instead “subclause (2) (a)”.

[5]        Clause 5 (7), (8)

Insert after clause 5 (6):

(7)	On the application of a party in a criminal proceeding, the court may make an order directing the notifying party to disclose the address of any person named in a notice given under this clause by whom, or to whom, a representation referred to in the notice was made.
(8)	The direction may be given on such terms as the court thinks fit.

[6]        Clause 6 The tendency rule and the coincidence rule—form of notices

Omit “and addresses” from clause 6 (2) (b) (ii).

1997 No 159

Evidence Amendment Regulation 1997

Amendments Schedule 1

[7]       Clause 6 (2) (b) (iii)

Insert at the end of clause 6 (2) (b) (ii):

, and

(iii)     in a civil proceeding-the address of each person so named,

[8]        Clause 6 (3) (b) (ii)

Omit “and address”.

[9]        Clause 6 (3) (b) (iii)

Insert at the end of clause 6 (3) (b) (ii):

, and

(iii)     in a civil proceeding-the address of each person so named,

[10]       Clause 6 (4), (5)

Insert after clause 6 (3):

(4) On the application of a party in a criminal proceeding, criminal

the court may make an order directing the notifying party to disclose the address of any person named in a notice given under this clause who saw, heard or otherwise perceived conduct or events referred to in the notice.

(5) The direction may be given on such terms as the court
thinks fit.