Evidence (Audio and Audio Visual Links) Act 1998 (NSW)

An Act to facilitate the taking of evidence, and the making of submissions, by audio links and audio visual links.

Part 1Preliminary1Name of Act

This Act is the Evidence (Audio and Audio Visual Links) Act 1998.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Interpretation(1)

In this Act—

accused detainee means a person who is being held in custody in a correctional centre, detention centre, police station or other place of detention and includes, in relation to a proceeding for a summary offence, a defendant who is so being held.

audio link means facilities (including telephone) that enable audio communication between persons at different places.

audio visual link means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places.

designated government agency means the following—

• (a)

  the Department of Corrective Services,

• (b)

  the Department of Juvenile Justice,

• (c)

  any other government agency prescribed by the regulations.

detention centre has the same meaning it has in the Children (Detention Centres) Act 1987.

government agency means any person, department or body exercising executive or administrative functions on behalf of the Government.

NSW court means—

• (a)

  a NSW court within the meaning of the Evidence Act 1995, or

• (b)

  a coroner, or

• (c)

  a tribunal prescribed by the regulations as a NSW court for the purposes of this Act, or

• (d)

  a Children’s Registrar exercising any function of the Children’s Court conferred or imposed on the Registrar by or under the Children’s Court Act 1987.

Note.

In the Evidence Act 1995NSW court means—

• (a)

  the Supreme Court, or

• (b)

  any other court created by Parliament,

(including such a court exercising federal jurisdiction) and includes any person or body (other than a court) that, in exercising a function under the law of the State, is required to apply the laws of evidence.

participating State means another State in which provisions of a law in terms substantially corresponding to Parts 2 and 3 are in force.

physical appearance proceeding means the following—

• (a)

  a trial, including an arraignment on the day appointed for the trial,

• (b)

  a hearing of charges,

• (c)

  an inquiry into a person’s fitness to be tried for an offence.

recognised court means a court or tribunal of a participating State that is authorised by the provisions of a law of that State in terms substantially corresponding to Parts 2 and 3 to direct that evidence be taken or submissions made by audio link or audio visual link from New South Wales.

State includes Territory.

tribunal of a State means a person or body authorised by or under a law of the State to take evidence on oath or affirmation.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2)

A reference in this Act (other than Part 1B) to making a submission to a court includes a reference to making an appearance before the court.

(3)

(Repealed)

s 3: Am 2000 No 16, Sch 1 [1]; 2001 No 46, Sch 1 [1]–[3]; 2003 No 57, Sch 1 [1]–[3]; 2007 No 75, Sch 1 [1]–[4]; 2025 No 34, Sch 1[1].

3AAppearances and entitlements to be present before courts(1)

A requirement by or under any other Act that a person appear (or be brought or be present) before a court is taken to be satisfied if the person appears before the court by way of an audio link or audio visual link under this Act.

Note.

Part 1B of this Act contains provisions with respect to the appearance by audio visual link of accused detainees who are in custody in criminal proceedings.

(2)

An entitlement of a person under another Act or law for a person to be present in proceedings before a court relating to bail is taken to be satisfied if either of the following are used in relation to the person under this Act—

• (a)

  audio links,

• (b)

  audio visual links.

Note—

See section 5BB(2A), which provides for the criteria that must be satisfied before a person may be present by audio link in proceedings before a court relating to bail.

(3)

Any entitlement of a person under section 14 of the Criminal Appeal Act 1912 to be present in proceedings on the hearing of an appeal is taken to be satisfied if audio visual links are used in relation to the person under this Act.

s 3A: Ins 2001 No 46, Sch 1 [4]. Am 2003 No 76, Sch 1 [1]; 2007 No 75, Sch 1 [5]; 2025 No 34, Sch 1[2].

4Notes

Notes included in this Act do not form part of this Act.

5Application of Act(1)

This Act is not intended to exclude or limit the operation of any other law of the State or a participating State that makes provision for the taking of evidence or making of submissions—

• (a)

  outside the State or participating State for the purposes of a proceeding in that State, or

• (b)

  in the State or participating State for the purposes of a proceeding outside that State.

(1A)

This Act is not intended to exclude or limit the operation of any other law of the State or another place that makes provision for the taking of evidence or making of submissions in the State for the purposes of a proceeding in the State.

(2)

Unless a contrary intention is shown, nothing in this Act limits or otherwise affects any discretion that a NSW court or a recognised court has with respect to the conduct of a proceeding.

(3)

This Act (other than Part 1A or 1B) extends to any proceeding pending in a NSW court or a recognised court on the commencement of this section.

(4)

Part 1A extends to any proceeding pending in a NSW court or court of a place outside New South Wales on the commencement of this subsection.

(4A)

Part 1A (as amended by the Evidence (Audio and Audio Visual Links) Amendment Act 2007) extends to any proceedings pending in a NSW court after the commencement of subsection (4) and on the commencement of this subsection.

(5)

Part 1B (as originally enacted) extends to any preliminary criminal proceeding or relevant criminal proceeding pending in a NSW court on the commencement of this subsection.

(5A)

Part 1B (as amended by the Evidence Legislation Amendment (Accused Child Detainees) Act 2003) extends to any preliminary criminal proceeding or relevant criminal proceeding pending in a NSW court after the commencement of subsection (5) and at the commencement of this subsection.

(5B)

Part 1B (as amended by the Evidence (Audio and Audio Visual Links) Amendment Act 2003) extends to any preliminary criminal proceeding or relevant criminal proceeding pending in a NSW court after the commencement of subsection (5) and at the commencement of this subsection.

(5C)

Part 1B (as amended by the Evidence (Audio and Audio Visual Links) Amendment Act 2007) extends to any criminal proceedings pending in a NSW court after the commencement of subsection (5) and at the commencement of this subsection.

(6)

(Repealed)

s 5: Am 2000 No 16, Sch 1 [2]–[4]; 2001 No 46, Sch 1 [5]–[7]; 2003 No 57, Sch 1 [5] (am 2003 No 76, Sch 2 [2]) [6]; 2003 No 76, Sch 1 [2] [3]; 2007 No 6, Sch 2.3; 2007 No 75, Sch 1 [6]–[8]; 2007 No 94, Sch 1.41; 2012 No 42, Sch 1.7.

Part 1AUse of audio links or audio visual links with places in NSW, non-participating States and foreign countries in proceedings in NSW courts

pt 1A: Ins 2000 No 16, Sch 1 [5].

5AApplication of this Part(1)

This Part applies to any proceeding (including a criminal proceeding) in or before a NSW court.

(2)

An application cannot be made, and the court may not give a direction, under this Part for the giving of evidence or making of a submission to the court by audio link or audio visual link from any place outside New South Wales that is a participating State.

(3)

An application cannot be made, and the court may not give a direction, under this Part for the giving of evidence or making of a submission to the court by audio link or audio visual link from any place in New Zealand.

Note.

Part 6 of the Trans-Tasman Proceedings Act 2010 of the Commonwealth makes provision for audio links and audio visual links with New Zealand.

s 5A: Ins 2000 No 16, Sch 1 [5].

5BTaking evidence and submissions from outside courtroom or place where court is sitting—proceedings generally(1)

Subject to any applicable rules of court, subsection (2A) and section 5BAA, a NSW court may, either on its own motion in, or on the application of a party to, a proceeding before the court, direct that a person (whether or not a party to the proceeding) give evidence or make a submission to the court by audio link or audio visual link from any place within or outside New South Wales, including a place outside Australia, other than the courtroom or other place at which the court is sitting.

(2)

The court must not make such a direction if—

• (a)

  the necessary facilities are unavailable or cannot reasonably be made available, or

• (b)

  the court is satisfied that the evidence or submission can more conveniently be given or made in the courtroom or other place at which the court is sitting, or

• (c)

  the court is satisfied that the direction would be unfair to any party to the proceeding, or

• (d)

  the court is satisfied that the person in respect of whom the direction is sought will not give evidence or make the submission.

(2A)

A court must not make a direction under this Part in relation to the giving of evidence or making of a submission by audio visual link by any accused detainee in any criminal proceeding in relation to the detainee concerning an offence alleged to have been committed by the detainee. However, this subsection does not prevent the making of such a direction in relation to an accused detainee in any other proceeding to which this Part applies.

Note.

Part 1B of this Act contains provisions with respect to the appearance of accused detainees who are in custody in criminal proceedings.

(3)

In a proceeding in which a party opposes the making of a direction for the giving of evidence or making of a submission to the court by audio link or audio visual link from any place within New South Wales other than the courtroom or other place where the court is sitting, the court must not make the direction unless the party making the application satisfies the court that it is in the interests of the administration of justice for the court to do so.

s 5B: Ins 2000 No 16, Sch 1 [5]. Am 2001 No 46, Sch 1 [8]–[10]; 2003 No 76, Sch 1 [4]; 2004 No 55, Sch 2.12; 2007 No 75, Sch 1 [9]–[11]; 2015 No 67, Sch 1.9.

5BAATaking evidence of government agency witnesses from outside courtroom or place where court is sitting—proceedings generally(1)

Subject to any applicable rules of court, a government agency witness must, unless the court otherwise directs, give evidence to the court by audio link or audio visual link from any place within New South Wales.

(2)

Subsection (1) does not apply unless the necessary audio links or audio visual links are available or can reasonably be made available.

(3)

The court may make a direction under subsection (1) on its own motion or on the application of a party to the proceedings.

(4)

The court may make such a direction only if it is satisfied—

• (a)

  that the evidence to be given is likely to be contentious, and

• (b)

  that it is in the interests of the administration of justice for the government agency witness to give evidence by appearing physically before the court.

(5)

In this section—

expert, in relation to any issue, means a person who has such knowledge or experience of, or in connection with, that issue, or issues of the character of that issue, that his or her opinion on that issue would be admissible in evidence.

expert’s report means a written statement by an expert (whether or not an expert witness in the proceedings concerned) that sets out the expert’s opinion and the facts, and assumptions of fact, on which the opinion is based and includes a hospital report.

government agency witness means the following—

• (a)

  a member of staff of the Government Service or the NSW Health Service, or a person employed in or engaged by any government agency, who has provided an expert’s report for use in evidence in proceedings or proposed proceedings or who is called as an expert to give opinion evidence in proceedings,

• (b)

  a member of the NSW Police Force called to give evidence in proceedings to corroborate evidence in chief given by another member of the NSW Police Force for the prosecution,

• (c)

  any other witness of a class prescribed by the regulations.

hospital report means a written statement concerning a patient, made by or on behalf of a hospital, that the party serving the statement intends to adduce in evidence in chief at the trial.

s 5BAA: Ins 2007 No 75, Sch 1 [12]. Am 2009 No 77, Sch 2.10 [1].

Part 1BUse of audio visual links within places in NSW for appearances of accused detainees in proceedings in NSW courts

pt 1B: Ins 2001 No 46, Sch 1 [11].

5BAABDefinition

In this part—

appear, before a NSW court, includes—

• (a)

  be brought before a NSW court, and

• (b)

  be present before a NSW court.

s 5BAAB: Ins 2025 No 34, Sch 1[3].

5BAAccused detainee to appear physically in physical appearance proceedings(1)

An accused detainee who is charged with an offence and is required to appear before a NSW court in physical appearance proceedings concerning the offence must, unless the court otherwise directs, appear physically before the court.

Note.

accused detainee and physical appearance proceedings are defined in section 3.

(2)

(Repealed)

(3)

Subsection (1) does not apply if the parties to the proceeding consent to the accused detainee appearing before the court by audio visual link from any place within New South Wales at which the accused detainee is in custody other than the courtroom or place where the court is sitting.

(4)

The court may make a direction under subsection (1) on its own motion or on the application of any party to the proceeding or of any person on behalf of a designated government agency.

(5)

The court may make such a direction only if it is satisfied that it is in the interests of the administration of justice for the accused detainee to appear before the court by audio visual link from a place within New South Wales at which the person is in custody other than the courtroom or place where the court is sitting.

(6)

Without limiting the factors that the court may take into account in determining whether it is in the interests of the administration of justice to make a direction under subsection (1), the court must take into account such of the following factors as are relevant in the circumstances of the case—

• (a)

  the risk that the personal security of a particular person or persons (including the accused detainee) may be endangered if the accused detainee appears in the courtroom or place where the court is sitting,

• (b)

  the risk of the accused detainee escaping, or attempting to escape, from custody when attending the courtroom or place where the court is sitting,

• (c)

  the behaviour of the accused detainee when appearing before a court in the past,

• (d)

  the conduct of the accused detainee while in custody, including the accused detainee’s conduct during any period in the past during which the accused detainee was being held in custody in a correctional centre or detention centre,

• (e)

  the potential for disruption of the accused detainee’s participation in a rehabilitation or education program if the accused detainee were to be transported to, and appear in, the courtroom or place where the court is sitting,

• (f)

  safety and welfare considerations in transporting the accused detainee to the courtroom or place where the court is sitting,

• (g)

  the efficient use of available judicial and administrative resources,

• (h)

  any other relevant matter raised by a party to the proceeding or other applicant for the making of the direction.

(7)

If the accused detainee is a child, the court must also take into account such additional factors to those specified in subsection (6) as are relevant in the circumstances of the case and that are specified in rules of court.

(8)

A person who was a child when a direction was made under this section to appear before a court by audio visual link is entitled to continue to appear before the court by audio visual link in accordance with the direction even if the person becomes an adult before the conclusion of the proceeding concerned.

s 5BA: Ins 2001 No 46, Sch 1 [11]. Am 2003 No 57, Sch 1 [7]; 2003 No 76, Sch 1 [5] [6]. Subst 2007 No 75, Sch 1 [13]. Am 2013 No 38, Sch 1.4; 2017 No 44, Sch 1.12; 2024 No 59, Sch 2.4[1]–[4]; 2025 No 34, Sch 1[4] [5].

5BBAccused detainee to appear by audio visual link in criminal proceedings other than physical appearance proceedings(1)

An accused detainee who is charged with an offence and is required to appear before a NSW court in criminal proceedings concerning the offence (other than physical appearance proceedings) must, unless the court otherwise directs, appear before the court by audio visual link.

Note.

accused detainee and physical appearance proceedings are defined in section 3.

(2)

Subsection (1) does not apply unless the necessary audio visual links are available or can reasonably be made available.

Note—

The Bail Act 2013, section 46 requires a police officer to bring an accused person before a court as soon as practicable and section 71 requires a bail application to be dealt with as soon as reasonably practicable. If the audio visual link for any proceedings relating to bail under the Bail Act 2013, section 46 or 71 failed, or there were otherwise no audio visual link available for the proceeding, the obligation under section 46 or 71 to act as soon as practicable or reasonably practicable continues.

(2A)

For proceedings relating to bail, the accused detainee may appear before the court by audio link only if—

• (a)

  audio visual link fails or is otherwise not available, and

• (b)

  audio link is available, and

• (c)

  the parties to the proceedings consent to the use of audio link, and

• (d)

  the court is satisfied the accused detainee appearing before the court by audio link is in the interests of justice.

(3)

The court may make a direction under subsection (1) on its own motion or on the application of any party to the proceeding or of any person on behalf of a designated government agency.

(4)

The court may make such a direction only if it is satisfied, after taking into account any factors that are relevant in the circumstances of the case together with any factors that are specified in rules of court, that it is in the interests of the administration of justice for the accused detainee to appear physically before the court.

(5)

A person who was a child when a direction was made under this section to appear physically before a court is entitled to continue to appear before the court in accordance with the direction even if the person becomes an adult before the conclusion of the proceeding concerned.

(6)

A head of jurisdiction for a court may, by practice note or other document that regulates the practice or procedure of the jurisdiction, direct that, despite subsection (1)—

• (a)

  accused detainees required to appear before the court in proceedings relating to bail in particular locations are not required to appear by audio visual link, or

• (b)

  a particular class of accused detainees required to appear before the court in proceedings relating to bail are not required to appear by audio visual link, or

• (c)

  accused detainees required to appear before the court in proceedings relating to bail at particular times are not required to appear by audio visual link.

(7)

If subsection (1) does not apply to an accused detainee because of the operation of subsection (6)(a), (b) or (c), the accused detainee must appear physically before the court, unless the court directs otherwise in the interests of the administration of justice.

s 5BB: Ins 2001 No 46, Sch 1 [11]. Am 2003 No 57, Sch 1 [8]; 2003 No 76, Sch 1 [7]–[9]; 2006 No 107, Sch 1.17 [1]. Subst 2007 No 75, Sch 1 [13]. Am 2025 No 34, Sch 1[4] [6] [7].

5BBA

(Repealed)

s 5BBA: Ins 2003 No 57, Sch 1 [9] (am 2003 No 76, Sch 2 [3]–[5]). Am 2006 No 107, Sch 1.17 [2]. Rep 2007 No 75, Sch 1 [14].

5BCFacilities for private communication(1)

Facilities are to be made available for private communication between an accused detainee appearing by audio link or audio visual link under this part and the person’s representative in the proceeding, regardless of whether the person’s representative is—

• (a)

  at the place at which the court is sitting, or

• (b)

  at another place and appearing by audio link or audio visual link.

(2)

For subsection (1), a reference to appearing by audio link or audio visual link includes making a submission to the court by audio link or audio visual link.

s 5BC: Ins 2001 No 46, Sch 1 [11]. Am 2007 No 75, Sch 1 [15]. Subst 2025 No 34, Sch 1[8].

Part 1CProvisions applying to Parts 1A and 1B generally

pt 1C, hdg: Ins 2001 No 46, Sch 1 [12].

5CPremises to be considered part of court(1)

Any place within or outside New South Wales at which audio link or audio visual link facilities are being used for the purpose of a person giving evidence or making a submission in any proceeding under Part 1A or 1B is taken to be part of the NSW court that is sitting at a courtroom or other place for the purpose of conducting the proceeding.

(2)

Subsection (1) has effect, for example, for the purposes of the laws relating to evidence, procedure, contempt of court or perjury.

(3)

Subsection (1) also has the effect that any offence committed at the place where the person giving the evidence or making the submission is located is to be taken to have been committed at the courtroom or other place where the court is sitting for the purposes of the laws in force in New South Wales.

s 5C: Ins 2000 No 16, Sch 1 [5]. Am 2001 No 46, Sch 1 [13].

5DAdministration of oaths and affirmations(1)

Subject to subsection (2), an oath to be sworn or affirmation to be made by a person giving evidence by audio link or audio visual link under Part 1A or 1B may be administered either—

• (a)

  by means of the audio link or audio visual link, as nearly as practicable in the same way as if the person were to give evidence in the courtroom or other place where the NSW court is sitting, or

• (b)

  at the direction of, or on behalf of, the court at the place where the person is giving the evidence by a person authorised by the court.

(2)

A person giving evidence by audio link or audio visual link under Part 1A or 1B from a foreign country is not required to give the evidence on oath or affirmation if—

• (a)

  the law in force in that country—

  • (i)

    does not permit the person to give evidence on oath or affirmation for the purposes of the proceeding, or

  • (ii)

    would make it inconvenient for the person to give evidence on oath or affirmation for the purposes of the proceeding, and

• (b)

  the NSW court is satisfied that it is appropriate for the evidence to be given otherwise than on oath or affirmation.

(3)

If evidence is given otherwise than on oath or affirmation, the NSW court is to give the evidence such weight as it thinks fit in the circumstances.

(4)

Subsections (2) and (3) apply despite anything to the contrary in the Evidence Act 1995 or any other law of this State.

s 5D: Ins 2000 No 16, Sch 1 [5]. Am 2001 No 46, Sch 1 [14].

Part 2Use of interstate audio links or audio visual links with a participating State in proceedings in or before NSW courts

pt 2, hdg: Am 2000 No 16, Sch 1 [6].

6Application of Part

This Part applies to any proceeding (including a criminal proceeding) in or before a NSW court.

7NSW courts may take evidence and submissions from outside State(1)

A NSW court may, on the application of a party to a proceeding before the court, direct that evidence be taken, or submissions made, by audio link or audio visual link, from a participating State.

(2)

The court must not make such a direction if—

• (a)

  the necessary facilities are unavailable or cannot reasonably be made available, or

• (b)

  the court is satisfied that evidence or submissions can more conveniently be given or made in this State, or

• (c)

  the court is satisfied by a party opposing the making of the direction that the direction would be unfair to the party.

(3)

The court may exercise in the participating State, in connection with taking evidence or receiving submissions by audio link or audio visual link, any of its powers that the court is permitted, under the law of the participating State, to exercise in the participating State.

8–10

(Renumbered as sections 20A–20C)

(Renumbered as sections 20A–20C)

s 8: Renumbered as sec 20A, 2000 No 16, Sch 1 [7].

s 9: Renumbered as sec 20B, 2000 No 16, Sch 1 [8].

s 10: Renumbered as sec 20C, 2000 No 16, Sch 1 [9].

11Counsel entitled to practise(1)

A person who is entitled to practise as a legal practitioner in a participating State is entitled to practise as a barrister, solicitor or both—

• (a)

  in relation to the examination in chief, cross-examination or re-examination of a witness in the participating State whose evidence is being given by audio link or audio visual link in a proceeding before a NSW court, and

• (b)

  in relation to the making of submissions by audio link or audio visual link from the participating State in a proceeding before a NSW court.

(2)

(Repealed)

s 11: Am 2015 No 7, Sch 2.18.

Part 3Use of interstate audio links or audio visual links with NSW in proceedings in participating States

pt 3, hdg: Am 2000 No 16, Sch 1 [10].

12Application of Part

This Part applies to any proceeding (including a criminal proceeding) in or before a recognised court.

13Recognised courts may take evidence or receive submissions from persons in New South Wales

A recognised court may, for the purposes of a proceeding before it, take evidence or receive submissions, by audio link or audio visual link, from a person in New South Wales.

14Powers of recognised courts(1)

The recognised court may, for the purposes of the proceeding, exercise in New South Wales, in connection with taking evidence or receiving submissions by audio link or audio visual link, any of its powers except its powers—

• (a)

  to punish for contempt, and

• (b)

  to enforce or execute its judgments or process.

(2)

The laws of the participating State (including rules of court) that apply to the proceeding in that State also apply, by force of this subsection, to the practice and procedure of the recognised court in taking evidence or receiving submissions by audio link or audio visual link from a person in New South Wales.

(3)

For the purposes of the recognised court exercising its powers, the place in New South Wales where evidence is given or submissions are made is taken to be part of the court.

15Orders made by recognised court

Without limiting section 14, the recognised court may, by order—

• (a)

  direct that the proceeding, or a part of the proceeding, be conducted in private, or

• (b)

  require a person to leave a place in New South Wales where the giving of evidence or the making of submissions is taking place or is going to take place, or

• (c)

  prohibit or restrict the publication of evidence given in the proceeding or of the name of a party to, or a witness in, the proceeding.

16Enforcement of order(1)

An order of a recognised court under section 14 or 15 must be complied with.

(2)

Subject to any applicable rule of court, the order may be enforced by the Supreme Court as if the order were an order of the Supreme Court.

(3)

Without limiting subsection (2), a person who contravenes the order—

• (a)

  is taken to be in contempt of the Supreme Court, and

• (b)

  is punishable accordingly,

unless the person establishes that the contravention should be excused.

17Privileges, protection and immunity of participants in proceedings in courts of participating States(1)

A judge or other person presiding at or otherwise taking part in the proceeding of a recognised court has, in connection with evidence being taken or submissions being received by audio link or audio visual link from a person in New South Wales, the same privileges, protection and immunity as a judge of the Supreme Court.

(2)

A person appearing as a legal practitioner in the proceeding of a recognised court has, in connection with evidence being taken or submissions being received by audio link or audio visual link from a person in New South Wales, the same protection and immunity as a legal practitioner has in appearing for a party in a proceeding before the Supreme Court.

(3)

A person appearing as a witness in a proceeding of a recognised court by audio link or audio visual link from New South Wales has the same protection as a witness in a proceeding in the Supreme Court.

18Recognised court may administer oath in the State(1)

A recognised court may, for the purpose of obtaining in the proceeding, by audio link or audio visual link, the testimony of a person in New South Wales, administer an oath or affirmation in accordance with the practice and procedure of the recognised court.

(2)

Evidence given by a person on oath or affirmation so administered is, for the purposes of the law of New South Wales, testimony given on oath in a judicial proceeding.

Note.

Chapter 4 of Part 7 of the Crimes Act 1900 contains offences relating to perjury and giving of false testimony in judicial proceedings.

19Assistance to recognised court

An officer of a NSW court may, at the request of a recognised court—

• (a)

  attend at the place in the State where evidence is to be or is being taken, or submissions are to be or are being made, in a proceeding of the recognised court, and

• (b)

  take such action as the recognised court directs to facilitate the proceeding, and

• (c)

  assist with the administering by the recognised court of an oath or affirmation.

20Contempt of recognised courts

A person must not, while evidence is being given or a submission is being made in New South Wales, by audio link or audio visual link, in a proceeding in a recognised court—

• (a)

  assault in the State any of the following—

  • (i)

    a person appearing in the proceeding as a legal practitioner,

  • (ii)

    a witness in the proceeding,

  • (iii)

    an officer of a NSW court giving assistance under section 19, or

• (b)

  threaten, intimidate or wilfully insult any of the following—

  • (i)

    a judge or other person presiding at or otherwise taking part in the proceeding,

  • (ii)

    a Master, Registrar, Deputy Registrar or other officer of that court who is taking part in or assisting in the proceeding,

  • (iii)

    a person appearing in the proceeding as a legal practitioner,

  • (iv)

    a witness in the proceeding,

  • (v)

    a juror in the proceeding, or

• (c)

  wilfully interrupt or obstruct the proceeding, or

• (d)

  wilfully and without lawful excuse disobey an order or direction of the court.

Maximum penalty—Imprisonment for 3 months.

Part 4Miscellaneous20AGiving evidence or making submissions by audio visual link(1)

Evidence must not be given, and a submission must not be made, by audio visual link in proceedings under this Act, including proceedings relating to bail, unless each relevant place for the proceedings is equipped with audio visual link facilities that enable—

• (a)

  persons who are at the courtroom to see and hear—

  • (i)

    persons at the place at which the evidence is being given or the submission is made in the proceedings, and

  • (ii)

    persons at any place at which the parties to the proceedings are appearing, and

• (b)

  persons who are at the place at which the evidence is given or the submission is made to see and hear—

  • (i)

    persons at the courtroom, and

  • (ii)

    persons at any place at which parties to the proceedings are appearing, and

• (c)

  persons who are at any place at which parties to the proceedings are appearing to see and hear—

  • (i)

    persons at the courtroom, and

  • (ii)

    persons at a place at which the evidence is given or the submission is made.

(2)

In this section—

courtroom includes another place at which a NSW court is sitting.

relevant place, in relation to proceedings, means the following—

• (a)

  the courtroom in which the NSW court before which the proceedings are being held is sitting,

• (b)

  any place at which parties to the proceedings are appearing,

• (c)

  a place at which evidence would be given or a submission would be made in the proceedings.

s 20A (previously s 8): Renumbered 2000 No 16, Sch 1 [7]. Am 2000 No 16, Sch 1 [11]. Subst 2025 No 34, Sch 1[9].

20BGiving evidence or making submissions by audio link(1)

Evidence must not be given, and a submission must not be made, by audio link in proceedings under this Act, including proceedings relating to bail, unless each relevant place for the proceedings is equipped with audio link facilities that enable—

• (a)

  persons who are at the courtroom to hear—

  • (i)

    persons at the place at which the evidence is being given or the submission is made in the proceedings, and

  • (ii)

    persons at any place at which the parties to the proceedings are appearing, and

• (b)

  persons who are at the place at which the evidence is given or the submission is made to hear—

  • (i)

    persons at the courtroom, and

  • (ii)

    persons at any place at which parties to the proceedings are appearing, and

• (c)

  persons who are at any place at which parties to the proceedings are appearing to hear—

  • (i)

    persons at the courtroom, and

  • (ii)

    persons at a place at which the evidence is given or the submission is made.

(2)

In this section—

courtroom includes another place at which a NSW court is sitting.

relevant place, in relation to proceedings, means the following—

• (a)

  the courtroom in which the NSW court before which the proceedings are being held is sitting,

• (b)

  any place at which parties to the proceedings are appearing,

• (c)

  a place at which evidence would be given or a submission would be made in the proceedings.

s 20B (previously s 9): Renumbered 2000 No 16, Sch 1 [8]. Am 2000 No 16, Sch 1 [12]. Subst 2025 No 34, Sch 1[9].

20CExpenses

If a NSW court directs evidence to be taken, or submissions to be made, by audio link or audio visual link from a person under this Act, the court may make such orders as it considers just for payment of expenses incurred in connection with taking the evidence or making the submissions or providing the audio link or audio visual link.

s 20C (previously s 10): Renumbered 2000 No 16, Sch 1 [9]. Am 2000 No 16, Sch 1 [13].

20DFailure or other unavailability of audio link or audio visual link(1)

This section applies if—

• (a)

  an audio link or audio visual link is being used or is required to be used under this Act for a proceeding before a NSW court, and

• (b)

  the audio link or audio visual link fails or is otherwise unavailable.

(2)

If the audio link or audio visual link fails or is otherwise unavailable during the proceeding, the court may do the following as if a person present in the place at which the audio link or audio visual link is located was in the presence of the court—

• (a)

  adjourn the proceeding,

• (b)

  make another order that is appropriate in the circumstances.

s 20D: Ins 2000 No 16, Sch 1 [14]. Subst 2025 No 34, Sch 1[10].

20EPutting documents to a remote person

If in the course of examination of a person by audio link or audio visual link it is necessary to put a document to the person, the NSW court may permit the document to be put to the person—

• (a)

  if the document is at the courtroom or other place where the court is sitting, by transmitting by any means a copy of it to the place where the person is giving evidence or making a submission and the copy so transmitted being then put to the person, or

• (b)

  if the document is at the place where the person is giving evidence or making a submission, by putting it to the person and then transmitting by any means a copy of it to the courtroom or other place.

s 20E: Ins 2000 No 16, Sch 1 [14].

20FDirections

A NSW court may at any time vary or revoke a direction given by it under this Act in a proceeding, either on its own motion or on application by a party to the proceeding.

s 20F: Ins 2001 No 46, Sch 1 [15].

21Proceedings for offences

Proceedings for an offence against this Act or the regulations are to be dealt with summarily before the Local Court.

s 21: Am 2001 No 121, Sch 2.104; 2007 No 94, Sch 2.

22Regulations and rules of court(1)

The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.

(2)

A regulation may create an offence punishable by a maximum penalty not exceeding 5 penalty units.

(3)

Rules of court may (subject to the regulations) make provision for or with respect to the taking of evidence, or making of submissions, by audio link or audio visual link under this Act.

(4)

Without limiting subsections (1) and (3), provision may be made for or with respect to the circumstances in which taking of evidence, or making of submissions, by audio link or audio visual link under this Act may be terminated or interrupted.

(5)

Without limiting subsections (1) and (3), provision may be made with respect to factors to be taken into account by a court in determining whether an accused child detainee should appear before the court by audio visual link.

s 22: Am 2003 No 57, Sch 1 [10].

22ASavings, transitional and other provisions

Schedule 1 has effect.

s 22A: Ins 2001 No 46, Sch 1 [16].

22B, 22C

(Repealed)

s 22B: Ins 2007 No 14, Sch 3.2. Rep 2023 No 7, Sch 2.27.

s 22C: Ins 2020 No 1, Sch 2.9. Am 2020 No 4, Sch 1.4[1]–[7]; 2020 No 31, Sch 1.9; 2021 No 4, Sch 1.17. Rep 2023 No 7, Sch 2.27.

23Review of Act(1)

The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.

(2)

The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.

(3)

A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.

Schedule 1Savings, transitional and other provisions

(Section 22A)

1Regulations(1)

The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—

• •

  the Evidence (Audio and Audio Visual Links) Amendment Act 2001

• •

  the Evidence (Audio and Audio Visual Links) Amendment Act 2007

(2)

Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3)

To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—

• (a)

  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

• (b)

  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

2Evidence of government agency witnesses

Section 5BAA, as amended by the Courts and Crimes Legislation Amendment Act 2009, does not apply to proceedings commenced before the commencement of that amendment.

sch 1: Ins 2001 No 46, Sch 1 [17]. Am 2007 No 75, Sch 1 [16]; 2009 No 77, Sch 2.10 [2].

Historical notesTable of amending instruments

Evidence (Audio and Audio Visual Links) Act 1998 No 105. Assented to 5.11.1998. Date of commencement, 5.3.1999, sec 2 and GG No 22 of 19.2.1999, p 739. This Act has been amended as follows—

2000	No 16	Evidence (Audio and Audio Visual Links) Amendment Act 2000. Assented to 30.5.2000. Date of commencement, 1.7.2000, sec 2 and GG No 81 of 30.6.2000, p 5352.
2001	No 46	Evidence (Audio and Audio Visual Links) Amendment Act 2001. Assented to 17.7.2001. Date of commencement, 10.8.2001, sec 2 and GG No 122 of 10.8.2001, p 5857.
No 121	Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978.
2003	No 57	Evidence Legislation Amendment (Accused Child Detainees) Act 2003. Assented to 6.11.2003. Date of commencement, 9.2.2004, sec 2 and GG No 21 of 6.2.2004, p 405. Amended by Evidence (Audio and Audio Visual Links) Amendment Act 2003 No 76. Assented to 25.11.2003. Date of commencement of Sch 2, 6.11.2003, sec 2 (2).
No 76	Evidence (Audio and Audio Visual Links) Amendment Act 2003. Assented to 25.11.2003. Date of commencement of Sch 1, assent, sec 2 (1).
2004	No 55	Statute Law (Miscellaneous Provisions) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 2.12, assent, sec 2 (2).
2006	No 107	Crimes and Courts Legislation Amendment Act 2006. Assented to 29.11.2006. Date of commencement of Sch 1.17, assent, sec 2 (2).

2007	No 6	Criminal Procedure Amendment (Vulnerable Persons) Act 2007. Assented to 15.6.2007. Date of commencement, 12.10.2007, sec 2 and GG No 146 of 12.10.2007, p 7729.
No 14	APEC Meeting (Police Powers) Act 2007. Assented to 4.7.2007. Date of commencement, assent, sec 2.
No 75	Evidence (Audio and Audio Visual Links) Amendment Act 2007. Assented to 7.12.2007. Date of commencement, 1.1.2009, sec 2 and GG No 158 of 19.12.2008, p 12306.
No 94	Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Schs 1.41 and 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009.
2009	No 77	Courts and Crimes Legislation Amendment Act 2009. Assented to 3.11.2009. Date of commencement of Sch 2.10, assent, sec 2 (1).
2012	No 42	Statute Law (Miscellaneous Provisions) Act 2012. Assented to 21.6.2012. Date of commencement of Sch 1.7, 6.7.2012, sec 2 (1).
2013	No 38	Courts and Other Miscellaneous Legislation Amendment Act 2013. Assented to 21.6.2013. Date of commencement, assent, sec 2.
2015	No 7	Legal Profession Uniform Law Application Legislation Amendment Act 2015. Assented to 9.6.2015. Date of commencement of Sch 2, 1.7.2015, sec 2 (2) and 2015 (299) LW 19.6.2015.
No 67	Courts and Other Justice Portfolio Legislation Amendment Act 2015. Assented to 24.11.2015. Date of commencement of Sch 1.9, assent, sec 2 (1).
2017	No 44	Justice Legislation Amendment Act (No 2) 2017. Assented to 25.9.2017. Date of commencement of Sch 1.12, assent, sec 2 (1).
2020	No 1	COVID-19 Legislation Amendment (Emergency Measures) Act 2020. Assented to 25.3.2020. Date of commencement, assent, sec 2.
No 4	COVID-19 Legislation Amendment (Emergency Measures—Attorney General) Act 2020. Assented to 14.5.2020. Date of commencement, assent, sec 2.
No 31	Stronger Communities Legislation Amendment (Miscellaneous) Act 2020. Assented to 27.10.2020. Date of commencement of Sch 1.9, assent, sec 2(1).
2021	No 4	COVID-19 Legislation Amendment (Stronger Communities and Health) Act 2021. Assented to 24.3.2021. Date of commencement of Sch 1.17, assent, sec 2(1).
2023	No 7	Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2.
2024	No 59	Crimes (Domestic and Personal Violence) and Other Legislation Amendment Act 2024. Assented to 27.9.2024. Date of commencement, 11.10.2024, sec 2(a) and 2024 (520) LW 11.10.2024.
2025	No 34	Evidence (Audio and Audio Visual Links) Amendment (Local Court Bail Division) Act 2025. Assented to 26.6.2025. Date of commencement, 7.7.2025, sec 2 and 2025 (327) LW 4.7.2025.

Table of amendments

Sec 3	Am 2000 No 16, Sch 1 [1]; 2001 No 46, Sch 1 [1]–[3]; 2003 No 57, Sch 1 [1]–[3]; 2007 No 75, Sch 1 [1]–[4]; 2025 No 34, Sch 1[1].
Sec 3A	Ins 2001 No 46, Sch 1 [4]. Am 2003 No 76, Sch 1 [1]; 2007 No 75, Sch 1 [5]; 2025 No 34, Sch 1[2].
Sec 5	Am 2000 No 16, Sch 1 [2]–[4]; 2001 No 46, Sch 1 [5]–[7]; 2003 No 57, Sch 1 [5] (am 2003 No 76, Sch 2 [2]) [6]; 2003 No 76, Sch 1 [2] [3]; 2007 No 6, Sch 2.3; 2007 No 75, Sch 1 [6]–[8]; 2007 No 94, Sch 1.41; 2012 No 42, Sch 1.7.
Part 1A	Ins 2000 No 16, Sch 1 [5].
Sec 5A	Ins 2000 No 16, Sch 1 [5].
Sec 5B	Ins 2000 No 16, Sch 1 [5]. Am 2001 No 46, Sch 1 [8]–[10]; 2003 No 76, Sch 1 [4]; 2004 No 55, Sch 2.12; 2007 No 75, Sch 1 [9]–[11]; 2015 No 67, Sch 1.9.
Sec 5BAA	Ins 2007 No 75, Sch 1 [12]. Am 2009 No 77, Sch 2.10 [1].
Part 1B	Ins 2001 No 46, Sch 1 [11].
Sec 5BAAB	Ins 2025 No 34, Sch 1[3].
Sec 5BA	Ins 2001 No 46, Sch 1 [11]. Am 2003 No 57, Sch 1 [7]; 2003 No 76, Sch 1 [5] [6]. Subst 2007 No 75, Sch 1 [13]. Am 2013 No 38, Sch 1.4; 2017 No 44, Sch 1.12; 2024 No 59, Sch 2.4[1]–[4]; 2025 No 34, Sch 1[4] [5].
Sec 5BB	Ins 2001 No 46, Sch 1 [11]. Am 2003 No 57, Sch 1 [8]; 2003 No 76, Sch 1 [7]–[9]; 2006 No 107, Sch 1.17 [1]. Subst 2007 No 75, Sch 1 [13]. Am 2025 No 34, Sch 1[4] [6] [7].
Sec 5BBA	Ins 2003 No 57, Sch 1 [9] (am 2003 No 76, Sch 2 [3]–[5]). Am 2006 No 107, Sch 1.17 [2]. Rep 2007 No 75, Sch 1 [14].
Sec 5BC	Ins 2001 No 46, Sch 1 [11]. Am 2007 No 75, Sch 1 [15]. Subst 2025 No 34, Sch 1[8].
Part 1C, heading	Ins 2001 No 46, Sch 1 [12].
Sec 5C	Ins 2000 No 16, Sch 1 [5]. Am 2001 No 46, Sch 1 [13].
Sec 5D	Ins 2000 No 16, Sch 1 [5]. Am 2001 No 46, Sch 1 [14].
Part 2, heading	Am 2000 No 16, Sch 1 [6].
Sec 8	Renumbered as sec 20A, 2000 No 16, Sch 1 [7].
Sec 9	Renumbered as sec 20B, 2000 No 16, Sch 1 [8].
Sec 10	Renumbered as sec 20C, 2000 No 16, Sch 1 [9].
Sec 11	Am 2015 No 7, Sch 2.18.
Part 3, heading	Am 2000 No 16, Sch 1 [10].
Sec 20A (previously sec 8)	Renumbered 2000 No 16, Sch 1 [7]. Am 2000 No 16, Sch 1 [11]. Subst 2025 No 34, Sch 1[9].
Sec 20B (previously sec 9)	Renumbered 2000 No 16, Sch 1 [8]. Am 2000 No 16, Sch 1 [12]. Subst 2025 No 34, Sch 1[9].
Sec 20C (previously sec 10)	Renumbered 2000 No 16, Sch 1 [9]. Am 2000 No 16, Sch 1 [13].
Sec 20D	Ins 2000 No 16, Sch 1 [14]. Subst 2025 No 34, Sch 1[10].
Sec 20E	Ins 2000 No 16, Sch 1 [14].
Sec 20F	Ins 2001 No 46, Sch 1 [15].
Sec 21	Am 2001 No 121, Sch 2.104; 2007 No 94, Sch 2.
Sec 22	Am 2003 No 57, Sch 1 [10].
Sec 22A	Ins 2001 No 46, Sch 1 [16].
Sec 22B	Ins 2007 No 14, Sch 3.2. Rep 2023 No 7, Sch 2.27.
Sec 22C	Ins 2020 No 1, Sch 2.9. Am 2020 No 4, Sch 1.4[1]–[7]; 2020 No 31, Sch 1.9; 2021 No 4, Sch 1.17. Rep 2023 No 7, Sch 2.27.
Sch 1	Ins 2001 No 46, Sch 1 [17]. Am 2007 No 75, Sch 1 [16]; 2009 No 77, Sch 2.10 [2].