Evidence (Miscellaneous Provisions) Act 1991 (ACT)

Evidence (Miscellaneous Provisions) Act 1991

A1991-34

Republication No 52

Effective: 16 November 2025

Republication date: 16 November 2025

Last amendment made by A2025‑29

About this republication

The republished law

This is a republication of the Evidence (Miscellaneous Provisions) Act 1991 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 16 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 16 November 2025.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Evidence (Miscellaneous Provisions) Act 1991

Contents

Page

Chapter 1  Preliminary
1            Name of Act  2
2            Dictionary  2
3            Notes  2
4Offences against Act—application of Criminal Code etc 3
Chapter 1AGround rules hearings—criminal proceedings
4AA         Definitions—ch 1A  4
4AB         Direction to hold ground rules hearing  4
4AC         Ground rules hearings—time limits  5
4AD         Ground rules hearings—who must attend  5
4AE         Ground rules hearings—intermediary’s report  5
4AF         Ground rules hearings—directions  6
Chapter 1BWitness intermediaries—criminal proceedings
4AG         Definitions  7
4AH         Panel of witness intermediaries  7
4AI         Functions of witness intermediaries  8
4AJ         Appointment of witness intermediary—generally  8
4AK         Appointment of witness intermediary—prescribed witnesses                9
4AL         Appointment of witness intermediary—suitability of the intermediary for the witness etc 10
4AM         Witness to give evidence in presence of intermediary  11
4AN         Relationship to other provisions of this Act  11
Chapter 2  Evidence of children
Part 2.1    Dealing with child witnesses
4A          Principles for dealing with child witnesses  12
Part 2.2    Evidence of children—audiovisual links
5            Definitions—pt 2.2  13
6            Meaning of give evidence in a proceeding by audiovisual link—pt 2.2     13
7           Sworn or unsworn evidence  13
8            Proceedings to which pt 2.2 applies  14
9            Child giving evidence by audiovisual link  14
10          Representation of child  15
11          Consequential orders—pt 2.2  15
12          Making of orders—pt 2.2  16
13          Jury warning about inferences from child giving evidence by audiovisual link    17
14          Failure to comply with pt 2.2  17
15          Child turns 18 during proceeding  17
Chapter 3  Use of audiovisual links and audio links
Part 3.1    Preliminary—ch 3
16          Definitions—ch 3  18
17          Application—ch 3  19
18          Operation of other Acts  19
Part 3.2    Use of audiovisual links or audio links with participating States in ACT proceedings
19          Application—pt 3.2  20
20          Territory courts may take evidence and submissions from participating States 20
21          Legal practitioners entitled to practise  21
Part 3.3    Use of interstate audiovisual links or audio links in proceedings in participating States
22          Application—pt 3.3  22
23          Recognised courts may take evidence or receive submissions from people in ACT     22
24          Powers of recognised courts  22
25          Orders made by recognised court  23
26          Enforcement of order  23
27          Privileges, protection and immunity of participants in proceedings in courts of participating States  23
28          Recognised court may administer oath in ACT  24
29          Assistance to recognised court  24
Part 3.4    Use of audiovisual links or audio links with other places in ACT proceedings
31          Application—pt 3.4  25
32          Territory courts may take evidence and submissions from another place 25
Part 3.5    Protection of certain communications and documents in criminal proceedings
33          Application—pt 3.5  27
34          Protection of confidentiality  27
35          Application of Listening Devices Act  27
Part 3.6    General matters
35A         Application—pt 3.6  29
35B         Administration of oaths and affirmations by audiovisual or audio link      29
35C         Putting documents to person by audiovisual or audio link                   30
35D         Premises to be considered part of territory court  30
36          Power to order payment of costs  31
Chapter 4  Sexual, violent and family violence offence proceedings
Part 4.1    Kinds of proceedings
37          Meaning of proceeding—pt 4.1  32
38          Meaning of family violence offence proceeding—ch 4  32
38A         Meaning of family violence offence—ch 4  32
39          Meaning of less serious violent offence proceeding—ch 4                  33
40          Meaning of serious violent offence proceeding—ch 4  34
41          Meaning of sexual offence proceeding—ch 4  35
41A         References to accused people—sexual offence proceedings under Work Health and Safety Act 2011  36
Part 4.2    What special requirements apply to particular proceedings
42          Definitions—pt 4.2  37
43          Special requirements—particular proceedings  39
44          Court may inform itself about particular witnesses  44
45          Failure to comply with ch 4  44
Part 4.3    Special requirements—general
Division 4.3.1           Preliminary—pt 4.3
46          Definitions—pt 4.3  45
Division 4.3.2           Special requirements—general
47          Accused may be screened from witness in court  45
48          No examination of witness by self-represented accused person           46
49          Witness may have support person in court  47
50          Evidence to be given in closed court  48
Division 4.3.3           Special requirements—audiovisual recording of police interview
51          Meaning of audiovisual recording—div 4.3.3  49
52          Police interview audiovisual recording may be admitted as evidence      50
53          Police interview audiovisual recording—notice  50
54          Police interview audiovisual recording—notice for access                   51
55          Police interview audiovisual recording—access to accused person       51
56          Police interview audiovisual recording—admissibility  52
57          Police interview audiovisual recording—jury trial  52
58          Transcript of police interview audiovisual recording—access to court     53
59          Police interview audiovisual recording—offences  53
Division 4.3.4           Giving evidence at pre-trial hearing
60          Witness may give evidence at pre-trial hearing  54
61          Who may be present at pre-trial hearing  55
62          Evidence of witness at pre-trial hearing to be evidence at hearing         55
63          Witness may be required to attend hearing  56
64          Evidence of witness at pre-trial hearing—jury trial  57
65          Recording of witness’s evidence at pre-trial hearing admissible in related hearing       57
66          Audiovisual recording of child’s evidence—admissibility  59
Division 4.3.5           Giving evidence by audiovisual link
67          Meaning of give evidence—div 4.3.5  59
68          Giving evidence by audiovisual link  59
69          Recording evidence given by audiovisual link or in courtroom              60
70          Consequential orders—div 4.3.5  62
71          Making of orders—div 4.3.5  63
72          Jury warning about inferences from witness giving evidence by audiovisual link        63
Part 4.4    Special requirements—sexual offence and family violence offence proceedings
Division 4.4.1           Sexual offence proceedings—general
73          Certain evidence to be given in closed court  64
74          Prohibition of publication of complainant’s identity  65
74A         Evidence of family violence may be relevant evidence  66
Division 4.4.2           Sexual offence proceedings—evidence of complainant’s sexual reputation and activities
75          Immunity of sexual reputation  68
76          General immunity of evidence of complainant’s sexual activities           68
77          Application for leave under s 76  68
78          Decision to give leave under s 76  69
Division 4.4.3           Sexual and family violence offence proceedings—protection of counselling communications
79          Definitions—div 4.4.3  69
79A         Meaning of protected confidence—div 4.4.3  72
79B         When does div 4.4.3 apply?  74
79C         Immunity for protected confidences in preliminary criminal proceedings    74
79D         General immunity for protected confidences  75
79E         Application for leave to disclose protected confidence  75
79F         Threshold test––legitimate forensic purpose  77
79G         Preliminary examination of protected confidence evidence                 77
79H         Giving of leave to disclose protected confidence  79
79I         Ancillary orders for protection of person who made protected confidence 80
79IA         Counselled person may appear in proceeding if protected confidence sought to be disclosed   81
79IB         Court must be satisfied counselled person is informed of rights under div 4.4.3 82
79J         No waiver of protected confidence immunity  82
79K         No protected confidence immunity for medical information                  82
79L         No protected confidence immunity for communications for criminal investigations and proceedings  83
79M         No protected confidence immunity in case of misconduct                   83
Division 4.4.4           Sexual offence proceedings—directions and warnings to juries
80          Comments on complainants’ evidence  84
80A         Comments on children’s evidence  84
80B         Comments about lack of, or delays in making, complaint  84
80C         Directions about implied consent  85
Part 4.5    Special requirements—family violence offence proceedings
Division 4.5.1           Preliminary—pt 4.5
81          Meaning of recorded statement—pt 4.5  86
Division 4.5.2           Family violence offence proceedings—recorded statement of police interview
81A         Recorded statement—requirements  87
81B         Recorded statement—may be admitted as evidence  89
81C         Recorded statement—hearsay rule and opinion rule  90
81D         Validity of proceeding not affected  90
81E         Recorded statement—represented accused person to be given copy     90
81F         Recorded statement—unrepresented accused person to be given access 91
81G         Recorded statement—admissibility  92
81H         Recorded statement—accused person to be given audio copy            92
81I         Recorded statement—jury trial  92
81J         Recorded statement—offence to publish  93
Division 4.5.3           Recorded statement of police interview admissible as evidence—application for protection order
81K         Recorded statement—may be admitted as evidence in application for family violence protection order  94
Chapter 5  Certain evidence under court rules not admissible
82          Evidence not admissible in court—neutral evaluation  95
83          Evidence not admissible in court—expert report  96
84          Evidence not admissible in court—meeting of experts  96
85          Evidence not admissible in court—evidence taken in examination         97
Chapter 6  Evidence in criminal proceedings—dangerously ill people
90          Meaning of dangerously ill person—ch 6  99
91          Application—ch 6  99
92          Recording of evidence of dangerously ill person  99
93          Notice of evidence of dangerously ill person  100
94          Admissibility of recording of evidence of dangerously ill person           100
Chapter 6AVictim impact statements
95          Definitions—ch 6  102
96          Victim impact statements—cross-examination in principal proceeding    102
97          Victim impact statements—use in other proceeding  103
Chapter 7  Evidence in any proceedings—other matters
Part 7.1    Evidence of witnesses with disabilities or vulnerabilities
100         Meaning of witness with a disability—pt 7.1  104
101         Child or witness with disability may have support person in court        104
102         Witness with vulnerability may give evidence in closed court              105
103         Making of s 101 and s 102 orders—court not bound by rules of evidence 106
Part 7.2    Evidence in any proceedings—miscellaneous
104         Proof of document under law of Commonwealth country                   107
Part 7.3    Evidence in any proceedings—extended application of Evidence Act
105         Extended application of Evidence Act—interpreters  109
Chapter 8  Publication of evidence
110         Application—ch 8  110
111         Prohibition of publication of evidence etc  110
112         Noncompliance with s 111 order  111
Chapter 9  Miscellaneous
120         Approved forms  112
121         Regulation-making power  112
Chapter 13 Transitional—Crimes (Disclosure) Legislation Amendment Act 2024
165         Meaning of commencement day—ch 13  113
166         Amendments do not apply to proceedings begun before commencement day 113
167         Amendments apply to protected confidences made before, on or after commencement day    113
168         Expiry—ch 13  113
Dictionary114
Endnotes
1            About the endnotes  120
2            Abbreviation key  120
3            Legislation history  121
4            Amendment history  130
5            Earlier republications  165
6            Expired transitional or validating provisions  170
7           Renumbered provisions  170

Evidence (Miscellaneous Provisions) Act 1991

An Act about evidence

Chapter 1Preliminary

Name of Act
This Act is the Evidence (Miscellaneous Provisions) Act 1991.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.
For example, the signpost definition ‘participating State, for chapter 3 (Use of audiovisual links and audio links)––see section 16.’ means that the term ‘participating State’ is defined in section 16 for chapter 3.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Chapter 1AGround rules hearings—criminal proceedings
4AADefinitions—ch 1A
In this chapter:
ground rules hearing means a hearing for a witness in a criminal proceeding, where the court—
(a)considers the communication, support or other needs of the witness; and
(b)decides how the proceeding must be conducted to fairly and effectively meet those needs.
witness, in a criminal proceeding, includes the accused person in the proceeding.

4ABDirection to hold ground rules hearing
(1)A court may, at any time, if satisfied that it is in the interests of justice, direct that a ground rules hearing be held for a witness in a criminal proceeding.
(2)However, if an intermediary is appointed for a witness in a criminal proceeding, the court must direct that a ground rules hearing be held for the witness.
(3)The court may make a direction—
(a)on its own initiative; or
(b)on the application of—
(i)the DPP; or
(ii)the witness; or
(iii)the accused person.

(4)An application may be made orally or in writing.

4ACGround rules hearings—time limits
(1)If a court directs that a ground rules hearing be held for a witness in a criminal proceeding, the ground rules hearing must be held before the witness gives evidence in the proceeding.
(2)The court may extend the time for holding a ground rules hearing if the court considers that it is in the interests of justice to do so.

4ADGround rules hearings—who must attend
(1)The following people must attend a ground rules hearing for a witness in a criminal proceeding:
(a)the DPP;
(b)the lawyer representing the accused person or, if the accused person is not represented by a lawyer in the proceeding, the accused person;
(c)any intermediary appointed for the witness.
(2)The witness is not required to attend a ground rules hearing.
(3)If an intermediary is appointed for the witness, the court may make an order that the witness not attend a ground rules hearing.

4AEGround rules hearings—intermediary’s report
If an intermediary is appointed for a witness before a ground rules hearing is held for the witness, the intermediary must—
(a)prepare a written report about the communication needs of the witness; and
(b)give the report to the court before the ground rules hearing.

4AFGround rules hearings—directions
(1)At a ground rules hearing for a witness in a criminal proceeding, the court may make any direction the court considers is in the interests of justice, including any of the following:
(a)a direction about how a witness may be questioned;
(b)a direction about how long a witness may be questioned;
(c)a direction about the questions that may or may not be asked of a witness;
(d)if there is more than 1 accused—a direction about the allocation among the accused of the topics about which a witness may be asked;
(e)a direction about the use of models, plans, body maps or other aids to help communicate a question or an answer;

(f)a direction about the use of a support animal by the witness;
(g)a direction that if a party intends to give evidence that contradicts or challenges the evidence of a witness or that otherwise discredits a witness, the party is not obliged to put that evidence in its entirety to the witness in cross-examination.
(2)If an intermediary’s report has been given to the court under section 4AE, the court must consider the matters mentioned in the report in making the direction.

Chapter 1BWitness intermediaries—criminal proceedings
4AGDefinitions
(1)In this Act:
intermediary means a person—
(a)on the intermediaries panel; or
(b)on a panel (however described) with functions substantially corresponding to the functions of the intermediaries panel, in the Commonwealth, a State, the United Kingdom or New Zealand.
NoteState includes the Northern Territory (see Legislation Act, dict, pt 1).

(2)In this chapter:
intermediaries administrator means the person prescribed by regulation as the intermediaries administrator.
witness, in a criminal proceeding, includes the defendant in the proceeding.

4AHPanel of witness intermediaries
The intermediaries administrator must establish and maintain a panel of people (the intermediaries panel) who have—
(a)either—
(i)a tertiary qualification in psychology, social work, speech pathology or occupational therapy; or
(ii)other qualifications, training, experience or skills prescribed by regulation; or

(b)qualifications, training, experience or skills suitable to exercise the functions mentioned in section 4AI.

4AIFunctions of witness intermediaries
(1)The functions of an intermediary appointed for a witness are to—
(a)prepare and provide reports about the witness’s communication needs as required; and
(b)at a hearing—
(i)communicate to the witness questions put to the witness, to the extent necessary for the witness to understand the questions; and
(ii)communicate to the person putting questions to the witness, the witness’s answers to the questions, to the extent necessary for the person to understand the answers; and
(iii)otherwise assist the court, and any lawyer appearing in the proceeding, to communicate with the witness.

(2)An intermediary appointed for a witness is an officer of the court and must act impartially when assisting communication with the witness.

4AJAppointment of witness intermediary—generally
(1)A court may appoint an intermediary in a criminal proceeding for a witness with a communication difficulty—
(a)on its own initiative; or
(b)on the application of—
(i)the DPP; or
(ii)the witness; or
(iii)the accused person.

Example—communication difficulty
a mental or physical disability that impedes speech
(2)A court must not appoint an intermediary for a witness under this section if satisfied that the witness—
(a)is aware of their right to make an application for an intermediary to be appointed; and
(b)is able to, and wishes to, give evidence without the assistance of an intermediary.
(3)In making a decision under this section, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.

4AKAppointment of witness intermediary—prescribed witnesses
(1)A court must appoint an intermediary in a criminal proceeding for a witness prescribed by regulation.
(2)However, the court need not appoint an intermediary for a witness under this section if—
(a)there is no‑one available who—
(i)meets the needs of the witness; and
(ii)satisfies the requirements in section 4AL; or

(b)it is not in the interests of justice to appoint an intermediary.
(3)Also, the court must not appoint an intermediary for a witness under this section if satisfied that the witness—
(a)is aware of their right to an intermediary; and
(b)is able to, and wishes to, give evidence without the assistance of an intermediary.
(4)In making a decision under subsection (2) or (3), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.

4ALAppointment of witness intermediary—suitability of the intermediary for the witness etc
(1)A court may appoint an intermediary for a witness in a criminal proceeding only if—
(a)the intermediaries administrator is satisfied the intermediary has qualifications, training, experience or skills suitable for the witness; and
(b)if the intermediary is a designated person—the court is satisfied—
(i)there is no other suitable intermediary reasonably available; and
(ii)the appointment is in the interests of justice.

(2)In making a decision under subsection (1), the court is not bound by the rules of evidence and may inform itself as it considers appropriate.
(3)In this section:
designated person, in relation to a criminal proceeding, means a person who is—
(a)a relative, friend or acquaintance of the witness or the accused person; or
(b)a person who has assisted the witness (other than as an intermediary) or the accused person in a professional capacity; or
(c)a party or potential witness in the proceeding.

4AMWitness to give evidence in presence of intermediary
(1)If a court appoints an intermediary for a witness in a criminal proceeding, the witness must give their evidence in the presence of the intermediary.
(2)Evidence of a witness given in the presence of an intermediary must be given in circumstances in which—
(a)the court and any lawyer appearing in the proceeding are able to—
(i)see and hear the witness giving evidence; and
(ii)communicate with the intermediary; and

(b)the jury (if any) is able to see and hear the witness giving evidence, including any assistance given by the intermediary.
NoteA person must take an oath or make an affirmation before acting as an intermediary in a proceeding (see Evidence Act 2011, s 22).

(3)If the proceeding is a trial by jury, the court must tell the jury that—
(a)a witness giving evidence in the presence of an intermediary is a usual practice; and
(b)the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the intermediary is present.
(4)An order that the court be closed to the public does not stop an intermediary for a witness being in court while the witness gives evidence.

4ANRelationship to other provisions of this Act
This part does not affect the operation of any other provision in this Act.

Chapter 2Evidence of children
Part 2.1Dealing with child witnesses
4APrinciples for dealing with child witnesses
The following general principles apply when dealing with a child witness in a proceeding:
(a)the child must be treated with dignity, respect and compassion;
(b)measures should be taken to limit, to the greatest practical extent, the distress and 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.

Part 2.2Evidence of children—audiovisual links

Definitions—pt 2.2
In this part:
court means—
(a)the Supreme Court; or
(b)the Magistrates Court; or
(c)the Coroner’s Court.
Magistrates Court includes—
(a)the Childrens Court; and
(b)the Industrial Court.
proceeding means a proceeding to which this part applies.
Meaning of give evidence in a proceeding by audiovisual link—pt 2.2
In this part:
give evidence, in a proceeding by audiovisual link, means to give evidence in the proceeding by audiovisual link from an external place which is linked to the courtroom by an audiovisual link.
Sworn or unsworn evidence
For this part, it does not matter whether evidence is to be, or is being, given on oath or otherwise.
Proceedings to which pt 2.2 applies
This part applies to—
(a)a proceeding in the Supreme Court—
(i)for a trial on indictment in relation to the alleged commission of an offence against a law in force in the ACT; or
(ii)for the passing of sentence in relation to the commission of an offence against a law in force in the ACT; or
(iii)by way of an appeal from a conviction, order, sentence or other decision of the Magistrates Court in a proceeding in relation to which this part applies; or
(b)a proceeding in the Magistrates Court on an information in relation to the alleged commission, or commission, of an offence against a law in force in the ACT; or
(c)a proceeding under the Family Violence Act 2016; or
(d)a proceeding under the care and protection chapters of the Children and Young People Act 2008; or
(e)a proceeding by way of an inquest or inquiry in the Coroner’s Court.
Child giving evidence by audiovisual link
(1)This section applies if—
(a)a child is to give evidence in a proceeding; and
(b)the proceeding is to be heard in a courtroom; and
(c)the courtroom and an external place are linked by an audiovisual link.
(2)The child’s evidence must be given by audiovisual link unless the court otherwise orders.
(3)However, the evidence of a child who is an accused person in a proceeding is not to be given by audiovisual link.
(4)The court may make an order under subsection (2) only if satisfied that—
(a)the child prefers to give evidence in the courtroom; or
(b)if the order is not made—
(i)the proceeding may be unreasonably delayed; or
(ii)there is a substantial risk that the court will not be able to ensure that the proceeding is conducted fairly.
(5)While the child is at the external place to give evidence, the place is taken to be part of the courtroom.
Representation of child
(1)This section applies if—
(a)a child is to give evidence in a proceeding by audiovisual link; and
(b)the child is not separately represented by someone else; and
(c)the court considers that the child should be separately represented by someone else.
(2)The court may—
(a)order that the child be separately represented by someone else; and
(b)make any other order it considers necessary to arrange the separate representation.
Consequential orders—pt 2.2
(1)This section applies if a child is to give evidence in a proceeding by audiovisual link.
(2)The court may make any order it considers appropriate––
(a)to ensure that the proceeding is conducted fairly; or
(b)to allow the child to identify a person or thing; or
(c)to allow the child to take part in a view or to watch a demonstration or experiment; or
(d)to allow part of the proceeding to be heard somewhere other than in the courtroom.
(3)The court may make any other order it considers appropriate, including, for example, an order stating––
(a)who may be with the child at the external place; or
(b)who must not be with the child at the external place; or
(c)who, in the courtroom, is to be able, or must not be able, to be heard, or seen and heard, by the child and people in the external place with the child; or
(d)who, in the courtroom, is to be able to see and hear the child and anyone else in the external place with the child; or
(e)how the audiovisual link is to operate.
(4)The court may order that a person be excluded from the external place while the child is giving evidence.
(5)The court may direct that an order under this section apply only to a particular part of the proceeding.
Making of orders—pt 2.2
(1)The court may make an order under this part in a proceeding on its own initiative or on the application of—
(a)a party to the proceeding; or
(b)the child or a person acting on the child’s behalf; or
(c)the child’s parent or guardian.
(2)For the purpose of making an order under this part, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.
Jury warning about inferences from child giving evidence by audiovisual link
(1)This section applies if—
(a)a child gives evidence in a proceeding by audiovisual link; and
(b)the proceeding is before a jury.
(2)The judge must warn the jury to the effect that the jury should not draw any inference against an accused person in the proceeding from the fact that the child’s evidence is given by audiovisual link.
Failure to comply with pt 2.2
(1)If the evidence of a child is not given in accordance with this part, the evidence is not inadmissible for that reason only.
(2)Failure to comply with this part in relation to a proceeding does not affect the validity of the proceeding.
Child turns 18 during proceeding
If a child is to give evidence in a proceeding and the child turns 18 years old before the proceeding is finally disposed of, this part continues to apply to the person for the proceeding.

Chapter 3Use of audiovisual links and audio links
Part 3.1Preliminary—ch 3

Definitions—ch 3
(1)In this chapter:
audio link means a system of 2-way communication linking different places so that a person speaking at any of them can be heard at the other places.
participating State means another State where provisions of an Act in terms substantially corresponding to this chapter are in force.
recognised court means a court or tribunal of a participating State that is authorised by the provision of an Act of the State in terms substantially corresponding to this chapter to direct that evidence be taken or a submission made by audiovisual link or audio link from the ACT.
State includes Territory.
territory court means—
(a)    a court constituted under a territory law; or
(b)    a royal commission under the Royal Commissions Act 1991; or
(c)    a judicial commission under the Judicial Commissions Act 1994; or
(d)    a tribunal of the Territory; or
(e)an arbitral tribunal conducting a proceeding under the Commercial Arbitration Act 2017; or
(f)the sentence administration board; or
(g)a presiding officer under the Corrections Management Act 2007, chapter 11 (Disciplinary inquiries); or
(h)a review officer under the Children and Young People Act 2008, chapter 9 (Criminal matters—conduct of disciplinary reviews).
tribunal, in relation to a State, means an entity authorised under the law of the State to take evidence on oath.
(2)In this section:
arbitral tribunal—see the Commercial Arbitration Act 2017, dictionary.
Application—ch 3
This chapter applies in relation to all proceedings, including—
(a)proceedings pending at the commencement of this chapter; and
(b)proceedings started after the commencement of this chapter that arise from circumstances, matters or events that arose or happened before that commencement.
Operation of other Acts
(1)This chapter is not intended to exclude or limit the operation of any territory law that makes provision for the taking of evidence or making of a submission in an external place for a proceeding in the ACT.
(2)In this section:
external place means a place within or outside the ACT but within Australia that is outside the courtroom or other place where the court is sitting.

Part 3.2Use of audiovisual links or audio links with participating States in ACT proceedings

Application—pt 3.2
This part applies to any proceeding before a territory court.
NoteProceeding—see the Legislation Act, dictionary, pt 1.
Territory courts may take evidence and submissions from participating States
(1)A territory court may, on the application of a party to a proceeding before the court or on its own initiative, direct that evidence be taken or a submission made by audiovisual link or audio link, from a participating State.
(2)The court may make the direction only if satisfied that—
(a)the necessary facilities are available or can reasonably be made available; and
(b)the evidence or submission can more conveniently be given or made from the participating State; and
(c)the making of the direction is not unfair to a party opposing the making of the direction.
(3)The court may exercise in the participating State, in relation to taking evidence or receiving a submission by audiovisual link or audio link, any of its powers that the court is permitted, under the law of the participating State, to exercise in the participating State.
(4)The court may at any time amend or revoke a direction under this part, either on the application of a party to the proceeding or on its own initiative.
Legal practitioners entitled to practise
A person who is entitled to practise as a legal practitioner in a participating State is entitled to practise as a legal practitioner—
(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 audiovisual link or audio link in a proceeding before a territory court; and
(b)in relation to the making of a submission by audiovisual link or audio link from the participating State in a proceeding before a territory court.

Part 3.3Use of interstate audiovisual links or audio links in proceedings in participating States

Application—pt 3.3
This part applies to any proceeding before a recognised court.
Recognised courts may take evidence or receive submissions from people in ACT
A recognised court may, for a proceeding before it, take evidence or receive a submission by audiovisual link or audio link from a person in the ACT.
Powers of recognised courts
(1)The recognised court may, for the proceeding, exercise in the ACT, in relation to taking evidence or receiving a submission by audiovisual link or audio 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 operation of this subsection, to the practice and procedure of the recognised court in taking evidence or receiving a submission by audiovisual link or audio link from a person in the ACT.
(3)For the exercise by the recognised court of its powers, the place in the ACT where evidence is given or a submission is made is taken to be part of the court.
Orders made by recognised court
Without limiting section 24, 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 the ACT where the giving of evidence or the making of a submission 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.
Enforcement of order
(1)Subject to rules of court, an order under section 25 may be enforced by the Supreme Court as if the order were an order of that court.
(2)Without limiting subsection (1), 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.
Privileges, 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 a proceeding before a recognised court has, in relation to evidence being taken or a submission being received by audiovisual link or audio link from a person in the ACT, the same privileges, protection and immunity as a judge of the Supreme Court.
(2)A person appearing as a legal practitioner in a proceeding before a recognised court has, in relation to evidence being taken or a submission being received by audiovisual link or audio link from a person in the ACT, the same protection and immunity as a barrister has in appearing for a party in a proceeding before the Supreme Court.
(3)A person appearing as a witness in a proceeding before a recognised court by audiovisual link or audio link from the ACT has the same protection as a witness in a proceeding before the Supreme Court.

Recognised court may administer oath in ACT
(1)A recognised court may, for the purpose of obtaining in a proceeding, by audiovisual link or audio link, the testimony of a person in the ACT, administer an oath in accordance with the practice and procedure of the recognised court.
(2)A proceeding in which evidence is given on oath administered under subsection (1) is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).
NoteThat chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.
Assistance to recognised court
An officer of a territory court may, at the request of a recognised court—
(a)attend at the place in the ACT where evidence is to be or is being taken, or a submission is to be or is being made, in the proceeding; and
(b)take the action that the recognised court directs to facilitate the proceeding; and
(c)assist with the administering by the recognised court of an oath.

Part 3.4Use of audiovisual links or audio links with other places in ACT proceedings

Application—pt 3.4
This part applies to any proceeding before a territory court.
Territory courts may take evidence and submissions from another place
(1)Subject to any Act or rules of court, a territory court may, on the application of a party to a proceeding before it or on its own initiative, direct that a person, whether or not a party to the proceeding, appear before, or give evidence or make a submission to, the court by audiovisual link or audio link from—
(a)a place in the ACT that is outside the courtroom or other place where the court is sitting; or
(b)a place outside the ACT but within Australia; or
NoteIf the place is a participating jurisdiction, a territory court may make a direction (on application or on its own initiative) under pt 3.2 (Use of audiovisual links or audio links with participating States in ACT proceedings).
(c)a place outside Australia (other than New Zealand).
NoteThe Trans-Tasman Proceedings Act 2010 (Cwlth), pt 6, div 2 (Remote appearances from New Zealand in Australian proceedings) and the Court Procedures Rules 2006, div 6.10A.4 (Trans-Tasman proceedings—remote appearances) apply to remote appearances from New Zealand in an ACT proceeding.
(2)The court may make the direction only if satisfied that—
(a)the necessary facilities are available or can reasonably be made available; and
(b)it is in the interests of the administration of justice to make the direction.
(3)In considering whether it is in the interests of the administration of justice to make the direction, the court may consider—
(a)whether the evidence or submission can more conveniently be given or made from the place; and
(b)whether the making of the direction is unfair to any party opposing the making of the direction; and
(c)whether the making of the direction could support court efficiency by reducing costs or delay to the proceeding; and
(d)anything else that the court considers appropriate.
(4)The court may at any time amend or revoke a direction made under this part, either on the application of a party to the proceeding or its own initiative.

Part 3.5Protection of certain communications and documents in criminal proceedings

Application—pt 3.5
This part applies to a communication made, and a document transmitted, by audiovisual link or audio link between an accused person and his or her legal representative during the course of a proceeding in relation to which, or to a part of which, an audiovisual or audio link has been used under this chapter or a provision of another territory law.
Protection of confidentiality
Without limiting any other protection that applies to it, a communication or document to which this part applies is as confidential and inadmissible in any proceeding as it would be if it had been made or produced while the accused person and his or her legal representative were in each other’s presence.
Application of Listening Devices Act
The Listening Devices Act 1992 applies to a communication or document to which this part applies as if—
(a)for a communication—the communication were a private conversation within the meaning of that Act to which the parties were the accused person and his or her legal representative; and
(b)for a document—
(i)any data, text or visual images in the transmitted document were words spoken to or by a person in a private conversation within the meaning of that Act to which the parties were the accused person and his or her legal representative; and
(ii)a reference in that Act to the use of a listening device to overhear, record, monitor or listen to a private conversation included a reference to reading the document.

Part 3.6General matters
35AApplication—pt 3.6
This part applies to any proceeding before a territory court.
NoteThe Trans-Tasman Proceedings Act 2010 (Cwlth), pt 6, div 2 (Remote appearances from New Zealand in Australian proceedings) and the Court Procedures Rules 2006, div 6.10A.4 (Trans-Tasman proceedings—remote appearances) apply to remote appearances from New Zealand in a proceeding in an Australian court or a prescribed Australian tribunal.

35BAdministration of oaths and affirmations by audiovisual or audio link
(1)An oath to be sworn, or an affirmation to be made, by a person (the remote person) who is to give evidence by audiovisual link or audio link may be administered—
(a)by audiovisual link or audio link, in a way that, as nearly as practicable, corresponds to the way in which the oath or affirmation would be administered if the remote person were to give evidence in the courtroom or other place where a territory court is sitting; or
(b)if the territory court allows another person who is present at the place where the remote person is located to administer the oath or affirmation—by the other person.
(2)However, a person giving evidence by audiovisual link or audio link from a place outside Australia is not required to give the evidence on oath or affirmation if—
(a)the law in force in that place—
(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 territory court is satisfied that it is appropriate for the evidence to be given otherwise than on oath or affirmation.
(3)Subsection (2) applies despite anything to the contrary in the Evidence Act 2011 or any other territory law.

35CPutting documents to person by audiovisual or audio link
(1)This section applies if, in the course of an examination or appearance of a person by audiovisual link or audio link, it is necessary to put a document to the person.
(2)The territory court may direct or allow the document to be put to the person in any way that the court considers appropriate.

35DPremises to be considered part of territory court
(1)This section applies to any place within or outside the ACT where audiovisual link or audio link facilities are being used for a person to give evidence or make a submission in any proceeding.
(2)The place is taken, for all purposes, to be part of the territory court that is sitting at a courtroom or other place to conduct the proceeding.
(3)To remove any doubt, a law relating to evidence, procedure, contempt of court, perjury or otherwise relating to the administration of justice will apply in relation to the place in the same way it applies in relation to the courtroom or other place.
Examples
·     Court Procedures Act 2004
·     Court Procedures Rules 2006
·     Criminal Code, ch 7
·     Evidence Act 2011

Power to order payment of costs
A territory court that directs evidence to be taken, or a submission to be made, by audiovisual link or audio link under section 20 (1) (Territory courts may take evidence and submissions from participating States) or section 32 (1) (Territory courts may take evidence and submissions from another place) may make the orders it considers just for the payment of the costs and expenses incurred in relation to taking the evidence or making the submission, including any amounts prescribed by regulation.

Chapter 4Sexual, violent and family violence offence proceedings
Part 4.1Kinds of proceedings

Meaning of proceeding—pt 4.1
In this part:
proceeding, for an offence, includes the following in relation to the offence:
(a)a trial, including a re-trial;
(b)a hearing, including a pre-trial hearing and ground rules hearing;
(c)a committal hearing;
(d)a proceeding in relation to bail;
(e)an interlocutory proceeding;
(f)a sentencing proceeding;
(g)an appeal or other review.
Meaning of family violence offence proceeding—ch 4
In this chapter:
family violence offence proceeding means a proceeding for a family violence offence.

38AMeaning of family violence offence—ch 4
In this chapter:
family violence offence—see the Family Violence Act 2016, dictionary.

Meaning of less serious violent offence proceeding—ch 4
In this chapter:
less serious violent offence proceeding means—
(a)a proceeding for an offence against any of the following provisions of the Crimes Act 1900:
(i)section 21 (1) (Wounding);
(ii)section 22 (Assault with intent to commit other offence);
(iii)section 23 (1) (Inflicting actual bodily harm);
(iv)section 24 (1) (Assault occasioning actual bodily harm);
(v)section 25 (Causing grievous bodily harm);
(vi)section 26 (Common assault);
(vii)section 28 (Acts endangering health etc);
(viii)section 29 (4) and (5) (Culpable driving of motor vehicle);
(ix)section 31 (Threat to inflict grievous bodily harm);
(x)section 37 (Abduction of young person);
(xi)section 41 (Exposing or abandoning child);
(xii)section 116 (Destroying or damaging property); or
(b)a proceeding for an offence against the Criminal Code, section 403 (Damaging property); or
(c)a proceeding for an offence against the Personal Violence Act 2016, section 35 (Offence—contravention of protection order).
Meaning of serious violent offence proceeding—ch 4
In this chapter:
serious violent offence proceeding means—
(a)a proceeding for an offence against any of the following provisions of the Crimes Act 1900:
(i)section 12 (Murder);
(ii)section 15 (Manslaughter);
(iii)section 19 (Intentionally inflicting grievous bodily harm);
(iv)section 20 (Recklessly inflicting grievous bodily harm);
(v)section 21 (2) (Wounding);
(vi)section 23 (2) (Inflicting actual bodily harm);
(vii)section 24 (2) (Assault occasioning actual bodily harm);
(viii)section 27 (Acts endangering life etc);
(ix)section 29 (2) and (3) (Culpable driving of motor vehicle);
(x)section 30 (Threat to kill);
(xi)section 32 (Demands accompanied by threats);
(xii)section 34 (Forcible confinement);
(xiii)section 35 (Stalking);
(xiv)section 36 (Torture);
(xv)section 38 (Kidnapping);
(xvi)section 40 (Unlawfully taking child etc);
(xvii)section 42 (Child destruction);
(xviii)section 43 (Childbirth—grievous bodily harm); or
(b)a proceeding for an offence against any of the following provisions of the Criminal Code:
(i)section 309 (Robbery);
(ii)section 310 (Aggravated robbery);
(iii)section 311 (Burglary) if the complainant was in the building at the time of the offence;
(iv)section 312 (Aggravated burglary) if the complainant was in the building at the time of the offence.
Meaning of sexual offence proceeding—ch 4
In this chapter:
sexual offence proceeding means—
(a)a proceeding for an offence (a sexual offence) against any of the following provisions of the Crimes Act 1900:
(i)part 3 (Sexual offences);
(ii)part 4 (Female genital mutilation);
(iii)part 5 (Sexual servitude); or
(b)a proceeding for an offence against the Family Violence Act 2016, section 43 (Offence—contravention of family violence order) if the family violence order was made because of a sexual offence, or an alleged sexual offence, against the person protected under the order; or
(c)a proceeding for an offence against the Personal Violence Act 2016, section 35 (Offence—contravention of protection order) if the protection order was made because of a sexual offence, or an alleged sexual offence, against the person protected under the order; or
(d)a proceeding for an offence against any of the following provisions of the Work Health and Safety Act 2011 if the offence involves a suspected or alleged sexual assault or any other act of a sexually offensive, intimidating or humiliating nature:
(i)section 31 (Negligence or reckless conduct—category 1);
(ii)section 32 (Failure to comply with health and safety duty—category 2);
(iii)section 33 (Failure to comply with health and safety duty—category 3); or
(e)a proceeding for an offence against the Work Health and Safety Act 2011, section 38 (1) if the notifiable incident involves a sexual assault incident, within the meaning of that Act, section 37A.

41AReferences to accused people—sexual offence proceedings under Work Health and Safety Act 2011
(1)This section applies to a proceeding mentioned in section 41, definition of sexual offence proceeding, paragraph (d) or (e).
(2)A reference to an accused person in the following provisions includes a person who is suspected or alleged to have committed the sexual assault or other act of a sexually offensive, intimidating or humiliating nature to which the proceeding relates:
(a)section 47 (1);
(b)section 60 (6) (a) and (b);
(c)section 68 (5) (a) and (b);
(d)section 76 (2);
(e)section 80C.

Part 4.2What special requirements apply to particular proceedings

Definitions—pt 4.2
In this part:
child, in a proceeding, means a witness (including a complainant or similar act witness) who was a child—
(a)at the time the proceeding started; or
(b)if the witness gives evidence in an audiovisual recording—at the time the recording was made; or
(c)for a complainant in a sexual offence proceeding—at the time of the offence the subject of the proceeding.
complainant, in relation to a proceeding for an offence—
(a)means a person—
(i)against whom the offence is alleged, or has been found, to be committed; and
(ii)for a family violence offence proceeding—who is also a family member of the accused person; and
(b)for a sexual offence proceeding for an offence against the Work Health and Safety Act 2011—includes a person against whom a sexual assault or an act of a sexually offensive, intimidating or humiliating nature is suspected or alleged, or has been found, to have been committed.
family member—see the Family Violence Act 2016, section 9.
intellectually impaired—a person is intellectually impaired if the person has—
(a)an appreciably below average general intellectual function; or
(b)a cognitive impairment (including dementia or autism) arising from an acquired brain injury, neurological disorder or a developmental disorder; or
(c)any other intellectual disability.
similar act witness means a witness in a proceeding for an offence who gives, or intends to give, evidence in the proceeding that—
(a)relates to an act committed on, or in the presence of, the witness by the accused; and
(b)is tendency evidence or coincidence evidence under the Evidence Act 2011.
special relationship witness means—
(a)in a sexual offence proceeding involving a child complainant—a witness who—
(i)is a close family member of the complainant; or
(ii)the court considers—
(A)has a beneficial supporting relationship with the complainant in the proceeding; and
(B)will be able to provide emotional support for the complainant after the proceeding; or
(b)in a serious violent offence proceeding involving the death of a person—a witness who is a close friend or family member of the person.
vulnerable adult means an adult complainant, or similar act witness, in a proceeding for an offence who the court considers—
(a)has a vulnerability that is likely to affect the complainant’s or witness’s ability to give evidence because of the circumstances of the proceeding or the complainant’s or witness’s circumstances; or
(b)is likely to suffer severe emotional trauma, or be intimidated or distressed, by giving evidence in the proceeding otherwise than in accordance with this part; or
(c)needs to give evidence as soon as practicable because the complainant or witness is likely to suffer severe emotional trauma, or be intimidated or distressed.
witness with disability means a witness in a proceeding for an offence who has a mental or physical disability that affects the person’s ability to give evidence.
Special requirements—particular proceedings
A provision mentioned in column 3 of a table in this section, for a particular proceeding, applies to the kind of witness mentioned in column 2 of the table for the proceeding.
Note 1An intellectually impaired witness may also be a witness with disability if the witness’s impairment affects the witness’s ability to give evidence (see s 42, def witness with disability).
Note 2Section 101 (Child or witness with disability may have support person in court) also applies to a child or witness with disability in other proceedings.
Note 3The court may also appoint an intermediary for a witness (see s 4AJ and s 4AK).

Table 43.1Family violence offence proceeding

column 1 item	column 2 kind of witness	column 3 provisions
1	complainant	· div 4.3.2 (Special requirements—general) · for a complainant who is intellectually impaired—div 4.3.3 (Special requirements—audiovisual recording of police interview) · div 4.3.5 (Giving evidence by audiovisual link) other than s 69 (Recording evidence given by audiovisual link or in courtroom) · div 4.4.3 (Sexual and family violence offence proceedings—protection of counselling communications) · for a complainant who is not intellectually impaired or a child on the day recorded evidence is taken—pt 4.5 (Special requirements—family violence offence proceedings)
2	similar act witness	· div 4.3.2 (Special requirements—general) · div 4.3.3 (Special requirements—audiovisual recording of police interview) · div 4.3.5 (Giving evidence by audiovisual link) other than s 69 (Recording evidence given by audiovisual link or in courtroom)
3	child	· div 4.3.2 (Special requirements—general) · div 4.3.3 (Special requirements—audiovisual recording of police interview) · div 4.3.5 (Giving evidence by audiovisual link)
4	intellectually impaired witness	· div 4.3.3 (Special requirements—audiovisual recording of police interview)
5	witness with disability	· div 4.3.2 (Special requirements—general)

Table 43.2Less serious violent offence proceeding

column 1 item	column 2 kind of witness	column 3 provisions
1	complainant	· for a vulnerable adult—div 4.3.2 (Special requirements—general) · div 4.3.3 (Special requirements—audiovisual recording of police interview) · for a vulnerable adult—div 4.3.5 (Giving evidence by audiovisual link) other than s 69 (Recording evidence given by audiovisual link or in courtroom)
2	similar act witness	· for a vulnerable adult—div 4.3.2 (Special requirements—general) · div 4.3.3 (Special requirements—audiovisual recording of police interview) · for a vulnerable adult—div 4.3.5 (Giving evidence by audiovisual link) other than s 69 (Recording evidence given by audiovisual link or in courtroom)
3	child	· div 4.3.2 (Special requirements—general) · div 4.3.3 (Special requirements—audiovisual recording of police interview) · div 4.3.5 (Giving evidence by audiovisual link)
4	intellectually impaired witness	· div 4.3.3 (Special requirements—audiovisual recording of police interview)
5	witness with disability	· div 4.3.2 (Special requirements—general)

Table 43.3Serious violent offence proceeding

column 1 item	column 2 kind of witness	column 3 provisions
1	complainant	· div 4.3.2 (Special requirements—general) · div 4.3.3 (Special requirements—audiovisual recording of police interview) · div 4.3.5 (Giving evidence by audiovisual link)
2	similar act witness	· div 4.3.2 (Special requirements—general) · div 4.3.3 (Special requirements—audiovisual recording of police interview) · div 4.3.5 (Giving evidence by audiovisual link)
3	child	· div 4.3.2 (Special requirements—general) · div 4.3.3 (Special requirements—audiovisual recording of police interview) · for a proceeding involving the death of a close friend or family member of the witness—div 4.3.4 (Giving evidence at pre-trial hearing) · div 4.3.5 (Giving evidence by audiovisual link)
4	intellectually impaired witness	· div 4.3.3 (Special requirements—audiovisual recording of police interview)
5	witness with disability	· div 4.3.2 (Special requirements—general)
6	special relationship witness	· s 48 (No examination of witness by self-represented accused person) · div 4.3.3 (Special requirements—audiovisual recording of police interview) · div 4.3.4 (Giving evidence at pre-trial hearing) · div 4.3.5 (Giving evidence by audiovisual link)

Table 43.4Sexual offence proceeding

column 1 item	column 2 kind of witness	column 3 provisions
1	complainant	· div 4.3.2 (Special requirements—general) · div 4.3.3 (Special requirements—audiovisual recording of police interview) · for a vulnerable adult—div 4.3.4 (Giving evidence at pre-trial hearing) · div 4.3.5 (Giving evidence by audiovisual link) · pt 4.4 (Special requirements—sexual offence proceedings)
2	similar act witness	· div 4.3.2 (Special requirements—general) · div 4.3.3 (Special requirements—audiovisual recording of police interview) · for a vulnerable adult—div 4.3.4 (Giving evidence at pre-trial hearing) · div 4.3.5 (Giving evidence by audiovisual link) · pt 4.4 (Special requirements—sexual offence proceedings)
3	child	· div 4.3.2 (Special requirements—general) · div 4.3.3 (Special requirements—audiovisual recording of police interview) · div 4.3.4 (Giving evidence at pre-trial hearing) · div 4.3.5 (Giving evidence by audiovisual link)
4	intellectually impaired witness	· div 4.3.3 (Special requirements—audiovisual recording of police interview) · div 4.3.4 (Giving evidence at pre-trial hearing)
5	witness with disability	· div 4.3.2 (Special requirements—general)
6	special relationship witness	· div 4.3.3 (Special requirements—audiovisual recording of police interview) · div 4.3.4 (Giving evidence at pre-trial hearing)

Court may inform itself about particular witnesses
In deciding whether a person is a witness mentioned in this part, the court is not bound by the rules of evidence and may inform itself as it considers appropriate.
Failure to comply with ch 4
(1)If the evidence of a witness is not given in accordance with this chapter, the evidence is not inadmissible for that reason only.
(2)Failure to comply with this chapter in relation to a proceeding does not affect the validity of the proceeding.

Part 4.3Special requirements—general
Division 4.3.1 Preliminary—pt 4.3

Definitions—pt 4.3
In this part:
relevant proceeding, in a provision of this part, means a proceeding to which the provision applies under section 43.
witness, in a provision of this part, means a witness to whom the provision applies under section 43.

Division 4.3.2 Special requirements—general

Accused may be screened from witness in court
(1)A court may order in a relevant proceeding that the courtroom be arranged in a way that, while a witness is giving evidence, the witness cannot see—
(a)the accused person; or
(b)anyone else the court considers should be screened from the witness.
(2)However, the witness must be visible to—
(a)the presiding judicial officer; and
(b)if the proceeding is a trial by jury—the jury; and
(c)the accused person; and
(d)the accused person’s lawyer; and
(e)if the court has ordered that a person should be screened from the complainant or a similar act witness—the person; and
(f)the prosecutor.
No examination of witness by self-represented accused person
(1)A witness in a relevant proceeding must not be examined personally by the accused person but may be examined instead by—
(a)the accused person’s legal representative; or
(b)if the accused person does not have a legal representative—a person appointed by the court.
(2)If the accused person does not have a legal representative, the court must, as soon as practicable, tell the person—
(a)about the terms of subsection (1); and
(b)that the person may not present evidence from another witness in relation to a fact in issue to contradict the evidence of the witness in relation to the fact if the fact in the other witness’s evidence intended to contradict the witness’s evidence has not been put to the witness in cross-examination.
(3)A person appointed by the court for subsection (1) (b) may ask the witness only the questions that the accused person asks the person to put to the witness, and must not independently give the accused person legal or other advice.
NoteIf the court considers a question to be unduly annoying, harassing, intimidating etc, the court must disallow it or tell the witness that it need not be answered (see Evidence Act 2011, s 41 (1) (Improper questions)).
(4)If the accused person does not have a legal representative, the court may, if it considers it is in the interests of justice, do 1 or more of the following:
(a)adjourn the relevant proceeding to enable the person to obtain a legal representative to conduct the examination;
(b)make—
(i)an order that the person obtain legal representation; and
(ii)any other order the court considers necessary to secure legal representation for the person.
(5)If the relevant proceeding is a trial by jury, the court must tell the jury that—
(a)the accused person may not examine the witness personally; and
(b)obtaining, or being provided with, legal representation to examine the witness, or having the accused person’s questions put to the witness by a person appointed by the court, is a usual practice; and
(c)the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the examination is not conducted personally by the accused person.
(6)In this section:
examine includes cross-examine and re-examine.
Witness may have support person in court
(1)A court must, in a relevant proceeding, on application by a party who intends to call a witness, order that the witness have a person (a support person) in the court close to the witness, and within the witness’s sight, while the witness gives evidence.
(2)The court may order that a witness have more than 1 support person if it considers it is in the interests of justice.
(3)The support person must not—
(a)speak for the witness during the relevant proceeding; or
(b)otherwise interfere in the proceeding.
(4)Unless the court otherwise orders, the support person must not be, or be likely to be, a witness or party in the proceeding.
(5)If the relevant proceeding is a trial by jury, the court must tell the jury that—
(a)a witness having a support person in the court while giving evidence is a usual practice; and
(b)the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the support person is present.
Evidence to be given in closed court
(1)A court in a relevant proceeding may order that the court be closed to the public while all or part of the witness’s evidence (including evidence given under cross‑examination) is given.
Note 1Section 73 allows the court to close the court so that pre-trial evidence can be given in sexual offence proceedings.
Note 2The accused is entitled to a fair and public hearing, but the court may exclude the press and public in certain circumstances (see Human Rights Act 2004, s 21 (2)).
(2)In deciding whether to order that the court be closed to the public, the court must consider whether—
(a)the witness wants to give evidence in open court; and
(b)it is in the interests of justice that the witness give evidence in open court.
(3)However, an order under this section does not stop the following people from being in court while the witness gives evidence:
(a)a person nominated by the witness;
(b)a person who attends the relevant proceeding to prepare a news report of the proceeding and is authorised to attend for that purpose by the person’s employer.
NotePublishing certain information in relation to sexual offence proceedings is an offence (see s 74).
(4)In this section, a reference to a person giving evidence in a relevant proceeding includes the person giving evidence by the playing of an audiovisual recording of the evidence in the proceeding under this part.

Division 4.3.3 Special requirements—audiovisual recording of police interview

Meaning of audiovisual recording—div 4.3.3
(1)For this division, an audiovisual recording is an audiovisual recording that is of a witness in a relevant proceeding answering questions of a prescribed person in relation to the investigation of an offence the subject of the proceeding.
(2)The audiovisual recording must include the following:
(a)the date when, and the place where, the recording was made;
(b)the times when the recording started and ended;
(c)the times when any break in questioning started and ended, and the reason for the break;
(d)the name of each person present during any part of the recording;
(e)for each person present during any part of the recording—the part when the person was present.
(3)The audiovisual recording must—
(a)be certified by a prescribed person as an accurate record of the witness answering the questions; and
(b)not be edited or changed, unless the court hearing the relevant proceeding in which the recording is tendered otherwise orders.
Example—court ordering change
editing the recording to omit inadmissible material
Police interview audiovisual recording may be admitted as evidence
(1)An audiovisual recording may—
(a)be played at the hearing of a relevant proceeding for the offence the subject of the proceeding; and
(b)if the recording is played at the hearing—be admitted as the witness’s evidence in chief in the proceeding as if the witness gave the evidence at the hearing in person.
(2)However, the court may refuse to admit all or any part of the audiovisual recording.
(3)The witness must not be in the courtroom, or visible to anyone in the courtroom by audiovisual link, while the audiovisual recording is played at the hearing.
(4)This section is subject to section 56.
(5)In this section:
hearing includes a pre-trial hearing.
Police interview audiovisual recording—notice
(1)This section applies if the prosecutor in a relevant proceeding intends to tender an audiovisual recording as evidence.
(2)The prosecutor must give to the accused person or the person’s lawyer—
(a)written notice that the prosecutor intends to tender the audiovisual recording; and
(b)a copy of a transcript of the recording.
(3)The notice must state the following:
(a)each audiovisual recording the prosecutor intends to tender;
(b)that the accused person and the person’s lawyer are entitled to see and listen to each recording at a police station or somewhere else decided by the chief police officer;
(c)the person responsible (the responsible person) for arranging access to each recording.
(4)For subsection (3) (c), the notice must state the responsible person by—
(a)naming the person; or
(b)stating the occupant of a position prescribed by regulation.
Police interview audiovisual recording—notice for access
(1)The accused person, or the person’s lawyer, must give written notice to the responsible person to have access to an audiovisual recording.
(2)The notice must state the following:
(a)the name of the accused person, and the person’s lawyer;
(b)each audiovisual recording for which access is required.
Police interview audiovisual recording—access to accused person
(1)This section applies if an accused person, or the person’s lawyer, gives notice under section 54 requesting access to an audiovisual recording.
(2)The responsible person must give the person who gave notice access to see and listen to the audiovisual recording as soon as practicable after receiving the notice under section 54.
(3)The person who gave notice may have access to an audiovisual recording more than once.
(4)The accused person, and the person’s lawyer, must not be given, or take a copy of, an audiovisual recording.
Police interview audiovisual recording—admissibility
(1)An audiovisual recording is admissible in a relevant proceeding only if—
(a)notice is given under section 53; and
(b)a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the proceeding; and
(c)the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording.
(2)However, if the prosecutor fails to give notice under section 53 the audiovisual recording is admissible if—
(a)a copy of a transcript of the recording is given to the accused person, or the person’s lawyer, a reasonable time before the start of the hearing of the relevant proceeding; and
(b)the accused person, and the person’s lawyer, are given a reasonable opportunity to see and listen to the recording; and
(c)the court considers it is in the interests of justice to admit the recording.
(3)This section does not prevent the parties consenting to the admission in evidence of an audiovisual recording.
(4)In this section:
hearing includes a pre-trial hearing.
Police interview audiovisual recording—jury trial
(1)This section applies if—
(a)a relevant proceeding is a trial by jury; and
(b)an audiovisual recording is admitted in evidence in the proceeding.
(2)The court must tell the jury that—
(a)admission of the audiovisual recording is a usual practice; and
(b)the jury must not draw any inference against the accused person, or give the evidence more or less weight, because the evidence is given in that way.
(3)If the court considers that a transcript of the audiovisual recording would be likely to help the jury’s understanding of the evidence, the court may order that the transcript be made available to the jury.
Transcript of police interview audiovisual recording—access to court
If an audiovisual recording is admitted in evidence in a relevant proceeding, the court may order that a transcript of the recording be made available to the court.
Police interview audiovisual recording—offences
(1)A person commits an offence if the person, without authority—
(a)possesses an audiovisual recording; or
(b)supplies, or offers to supply, an audiovisual recording to another person; or
(c)plays, copies or erases, or allows someone else to play, copy or erase, an audiovisual recording.
Maximum penalty: 100 penalty units, imprisonment for 1 year or both.
(2)For this section, a person has authority in relation to an audiovisual recording only if the person possesses the recording, or does something with the recording, in connection with—
(a)the investigation of, or a proceeding for, an offence in relation to which the recording is prepared; or
(b)a re-hearing, re-trial or appeal in relation to the proceeding; or
(c)another proceeding in which the recording is or may be admitted in evidence under section 56.

Division 4.3.4 Giving evidence at pre-trial hearing

Witness may give evidence at pre-trial hearing
(1)A witness in a relevant proceeding may give evidence at a pre-trial hearing.
(2)The evidence must be given by audiovisual link from an external place that is linked to the courtroom by an audiovisual link.
(3)However, the witness’s evidence in chief given at a pre-trial hearing may include an audiovisual recording under division 4.3.3 (Special requirements—audiovisual recording of police interview).
(4)If an audiovisual recording under division 4.3.3 is played at the pre‑trial hearing, the witness must not be visible to anyone in the courtroom by audiovisual link while the audiovisual recording is played.
(5)While the witness is at the external place to give evidence, the place is taken for all purposes (other than subsection (4)) to be part of the courtroom.
(6)While the witness is at the external place to give evidence—
(a)the accused person must not be at the place; and
(b)the witness must not be able to see or hear the accused person; and
(c)the accused person must be able to see and hear the witness give evidence; and
(d)the accused person must be able to communicate with the person’s lawyer.
Who may be present at pre-trial hearing
(1)Only the following people may be present in the courtroom at the pre‑trial hearing:
(a)the presiding judicial officer;
(b)the prosecutor;
(c)the accused person;
(d)the accused person’s lawyer;
(e)anyone else the court considers appropriate.
(2)While the witness is at an external place to give evidence, only the following people may be present at the place:
(a)a support person under section 49 (1) or section 101;
(b)anyone else the court considers appropriate.
(3)Each person who is present at the external place where the witness is to give evidence must be recorded on the audiovisual recording recorded under section 62.
(4)The judicial officer who presides at the pre-trial hearing need not be the judicial officer who presides at the trial at which the audiovisual recording of the witness’s evidence is tendered.
Evidence of witness at pre-trial hearing to be evidence at hearing
(1)The evidence of a witness in a relevant proceeding (including cross‑examination and re‑examination) given under this division must be recorded as an audiovisual recording.
(2)The evidence in chief of the witness may include an audiovisual recording under section 51.
(3)The audiovisual recording of the witness’s evidence must—
(a)be played at the hearing of the relevant proceeding for which the pre-trial hearing was held; and
(b)be admitted in evidence as the witness’s evidence at the hearing as if the witness gave the evidence at the hearing in person.
(4)The witness must not be in the courtroom while the audiovisual recording is played at the hearing.
Witness may be required to attend hearing
(1)This section applies if an audiovisual recording of a witness’s evidence given at a pre-trial hearing is admitted in evidence at the hearing of a relevant proceeding.
(2)The accused person may apply to the court for an order that the witness attend the hearing of the relevant proceeding to give further evidence.
(3)The court must not make the order unless satisfied that—
(a)if the witness had given evidence in person at the hearing of the relevant proceeding—the witness could be recalled; and
(b)it is in the interests of justice to make the order.
(4)If the courtroom where the relevant proceeding is heard and an external place are linked by an audiovisual link, a witness recalled to give evidence under this section must give evidence by audiovisual link under division 4.3.5, unless the court otherwise orders.
(5)The court may make an order under subsection (4) only if satisfied that—
(a)the witness prefers to give evidence in the courtroom; or
(b)if the order is not made—
(i)the relevant proceeding may be unreasonably delayed; or
(ii)there is a substantial risk that the court will not be able to ensure that the proceeding is conducted fairly.
(6)While the witness is at the external place to give evidence, the place is taken for all purposes (other than section 62 (4)) to be part of the courtroom in which the hearing is held.

Amendment history
Title
titlesub A2000‑17 sch 1
Preliminary
ch 1 hdg(prev pt 1 hdg) ins A2000‑17 sch 1
renum as ch 1 hdg A2015-40 s 49
Preliminary
pt 1 hdgrenum as ch 1 hdg
Name of Act
s 1sub A2000‑17 sch 1
Dictionary
s 2 hdgsub A2000‑17 sch 1
s 2am 1994-24; A1994-96; A2000‑17 sch 1
om A2003‑48 amdt 1.3
ins A2003‑48 amdt 1.1
am A2015-40 s 104
Notes
s 3orig s 3 renum as s 6
ins A2003‑48 amdt 1.1
am A2011‑29 s 4
(2), (3) exp 1 March 2013 (s 3 (3))
Prescribed witnesses
s 3Arenum as s 4
Offences against Act—application of Criminal Code etc
s 4(prev s 3A) ins A1994‑96
am A1996‑25; A1998‑45; A2000‑17 sch 1
renum A2000‑17 sch 1
am A2002‑30 amdt 1.1
om A2004‑48 amdt 1.5
ins A2003‑48 amdt 1.1
am A2005‑53 amdt 1.49
Location of child giving evidence
s 4Arenum as s 6
Ground rules hearings—criminal proceedings
ch 1Ains A2019‑41 s 4
Definitions—ch 1A
s 4AAins A2019‑41 s 4
def ground rules hearing ins A2019‑41 s 4
def witness ins A2019‑41 s 4
Direction to hold ground rules hearing
s 4ABins A2019‑41 s 4
Ground rules hearings—time limits
s 4ACins A2019‑41 s 4
Ground rules hearings—who must attend
s 4ADins A2019‑41 s 4
Ground rules hearings—intermediary’s report
s 4AEins A2019‑41 s 4
Ground rules hearings—directions
s 4AFins A2019‑41 s 4
Witness intermediaries—criminal proceedings
ch 1B hdgins A2019‑41 s 4
Definitions
s 4AGins A2019‑41 s 4
def intermediaries administrator ins A2019‑41 s 4
def intermediary ins A2019‑41 s 4
def witness ins A2019‑41 s 4
Panel of witness intermediaries
s 4AHins A2019‑41 s 4
Functions of witness intermediaries
s 4AIins A2019‑41 s 4
Appointment of witness intermediary—generally
s 4AJins A2019‑41 s 4
Appointment of witness intermediary—prescribed witnesses
s 4AKins A2019‑41 s 4
Appointment of witness intermediary—suitability of the intermediary for the witness etc
s 4ALins A2019‑41 s 4
Witness to give evidence in presence of intermediary
s 4AMins A2019‑41 s 4
Relationship to other provisions of this Act
s 4ANins A2019‑41 s 4
Evidence of children
ch 2 hdg(prev pt 2 hdg) ins A2000‑17 sch 1
sub A2002‑49 amdt 3.54; A2003‑48 amdt 1.2
renum as ch 2 hdg A2015-40 s 49
Evidence of children
pt 2 hdgrenum as ch 2 hdg
Dealing with child witnesses
pt 2.1 hdgins A2018‑46 s 9
Principles for dealing with child witnesses
s 4Ains A2018‑46 s 9
Evidence of children—audiovisual links
pt 2.2 hdgins A2018‑46 s 9
Definitions—pt 2.2
s 5 hdgam A2015-40 s 106
sub A2018‑46 s 10
s 5(prev s 4) am A1994‑24; A1999‑64 s 4 sch 2; A1999‑91 s 13 sch 2; A2000‑17 sch 1; A2001‑90 amdts 1.60-1.62; pars renum R6 LA (see A2001‑90 amdt 1.63)
renum as s 5 A2000‑17 sch 1
renum as s 7 A2003‑48 amdt 1.6
ins A2003‑48 amdt 1.3
am A2015-40 s 104; A2018‑46 s 11
def court ins A2003‑48 amdt 1.3
def Magistrates court ins A2003‑48 amdt 1.3
sub A2013‑43 amdt 1.2
def prescribed witness ins A2003‑48 amdt 1.3
om A2011‑29 s 5
def proceeding ins A2003‑48 amdt 1.3
am A2011‑29 s 6
Meaning of give evidence in a proceeding by audiovisual link—pt 2.2
s 6 hdgam A2015-40 s 106
s 6(prev s 4A) ins A1994‑24
am A1994‑96
renum as s 6 A2000‑17 sch 1
renum as s 8 A2003‑48 amdt 1.9
(prev s 3) am A2000‑17 sch 1
renum as s 6 A2003‑48 amdt 1.4
sub A2011‑29 s 7
am A2015-40 s 104
sub A2018‑46 s 12
Sworn or unsworn evidence
s 7orig s 7 om A1994‑24
(prev s 5) renum as s 7 and then s 9
(prev s 5) renum as s 7 and then s 8
ins A2011‑29 s 7
am A2015-40 s 104; A2018‑46 s 14
Proceedings to which pt 2.2 applies
s 8 hdgam A2015-40 s 106; A2018‑46 s 13
s 8(prev s 6) sub A1994‑24
am A1994‑96
renum as s 8 A2000‑17 sch 1
renum as s 10 A2003‑48 amdt 1.16
(prev s 6) am A2003‑48 amdt 1.7, amdt 1.8
renum as s 8 A2003‑48 amdt 1.9
om A2011‑29 s 9
(prev s 5) renum as s 7 A2003‑48 amdt 1.6
am A2005‑13 amdt 1.33; A2008‑20 amdt 3.27; A2008‑46 amdt 3.21
renum as s 8 A2011‑29 s 8
am A2015-40 s 104; A2016‑42 amdt 3.61; A2018‑46 s 14; A2025‑29 amdt 3.111; pars renum R52 LA
Court’s discretions reorders
s 8Arenum as s 10 and then s 12
Child giving evidence by audiovisual link
s 9(prev s 8) am A1994‑24
renum as s 9 A2000‑17 sch 1
renum as s 11 A2003‑48 amdt 1.18
(prev s 5) am A1994‑24; A1994‑96
renum as s 7 A2000‑17 sch 1
am A2003‑48 amdts 1.10-1.12
renum as s 9 A2003‑48 amdt 1.13
sub A2011‑29 s 9
Representation of child
s 10(prev s 8A) ins A1994‑24
am A1994‑96; A2000‑17 sch 1
renum as s 10 A2000‑17 sch 1
renum as s 12 A2003‑48 amdt 1.20
(prev s 8) am A2003‑48 amdt 1.14, amdt 1.15
renum as s 10 A2003‑48 amdt 1.16
sub A2011‑29 s 9
Consequential orders—pt 2.2
s 11 hdgam A2015-40 s 106; A2018‑46 s 13
s 11(prev s 9) am A1994‑24
renum as s 11 A2000‑17 sch 1
renum as s 13 A2003‑48 amdt 1.20
(prev s 9) am A2003‑48 amdt 1.17
renum as s 11 A2003‑48 amdt 1.18
sub A2011‑29 s 9
Making of orders—pt 2.2
s 12 hdg(prev s 10 hdg) am A2000‑17 sch 1; A2015-40 s 106; A2018‑46 s 13
s 12(prev s 10) sub A1994‑24
am A1994‑96; A2000‑17 sch 1
renum as s 12 A2000‑17 sch 1
renum as s 14 A2003‑48 amdt 1.20
(prev s 10) am A2003‑48 amdt 1.19
renum as s 12 A2003‑48 amdt 1.20
sub A2011‑29 s 9
am A2015-40 s 104; A2018‑46 s 14
Jury warning about inferences from child giving evidence by audiovisual link
s 13(prev s 11) om A1992‑80
ins A1994‑24
sub A1994‑96
renum as s 13 A2000‑17 sch 1
renum as s 15 A2003‑48 amdt 1.21
(prev s 11) renum as s 13 A2003‑48 amdt 1.20
sub A2011‑29 s 9
Failure to comply with pt 2.2
s 14 hdgam A2015-40 s 106; A2018‑46 s 13
s 14orig s 14 renum as s 16 A2003‑48 amdt 1.23
(prev s 12) renum as s 14 A2003‑48 amdt 1.20
sub A2011‑29 s 9
am A2015-40 s 104; A2018‑46 s 14
Child turns 18 during proceeding
s 15 hdg(prev s 13 hdg) sub A2003‑48 amdt 1.21
s 15orig s 15 renum as s 17 A2003‑48 amdt 1.23
(prev s 13) am A2003‑48 amdt 1.21
renum as s 15 A2003‑48 amdt 1.21
sub A2011‑29 s 9
am A2015-40 s 104; A2018‑46 s 14
Use of audiovisual links and audio links
ch 3 hdg(prev pt 3 hdg) ins A2000‑17 sch 1
renum as ch 3 hdg A2015-40 s 49
Use of audiovisual links and audio links
pt 3 hdgrenum as ch 3 hdg
Preliminary—ch 3
pt 3.1 hdg(prev div 3.1 hdg) sub as pt 3.1 hdg A2015-40 s 50
Preliminary—pt 3
div 3.1 hdgsub as pt 3.1 hdg
Definitions—ch 3
s 16 hdgam A2015-40 s 106
s 16orig s 16 renum as s 18 A2003‑48 amdt 1.23
(prev s 14) ins A2000‑17 sch 1
am A2001‑82 amdt 1.5
renum as s 16 A2003‑48 amdt 1.23
am A2015-40 s 104; A2017‑7 amdt 1.3
def audiovisual link om A2003‑48 amdt 1.22
def territory court am A2006‑23 amdt 1.196; A2007‑15 amdt 1.25; A2008‑20 amdt 2.18; A2013‑19 amdt 3.151; A2017‑7 amdt 1.2; A2025‑29 amdt 3.112
def tribunal am A2005‑53 amdt 1.50
Application—ch 3
s 17 hdgam A2015-40 s 106
s 17orig s 17 renum as s 19 A2003‑48 amdt 1.23
(prev s 15) ins A2000‑17 sch 1
renum as s 17 A2003‑48 amdt 1.23
am A2015-40 s 104
Operation of other Acts
s 18orig s 18 renum as s 20 A2003‑48 amdt 1.23
(prev s 16) ins A2000‑17 sch 1
renum as s 18 A2003‑48 amdt 1.23
sub A2010‑40 amdt 2.9
am A2015-40 s 104
Use of audiovisual links or audio links with participating States in ACT proceedings
pt 3.2 hdg(prev div 3.2 hdg) ins A2000‑17 sch 1
sub A2010‑40 amdt 2.10
renum as pt 3.2 hdg A2015-40 s 51
Use of audiovisual links or audio links with participating States in ACT proceedings
div 3.2 hdgrenum as pt 3.2 hdg
Application—pt 3.2
s 19 hdgam A2015-40 s 102
s 19orig s 19 renum as s 21 A2003‑48 amdt 1.23
(prev s 17) ins A2000‑17 sch 1
renum as s 19 A2003‑48 amdt 1.23
am A2011‑29 s 10; A2015-40 s 103
Territory courts may take evidence and submissions from participating States
s 20 hdgsub A2010‑40 amdt 2.11
s 20orig s 20 renum as s 22 A2003‑48 amdt 1.23
(prev s 18) ins A2000‑17 sch 1
renum as s 20 A2003‑48 amdt 1.23
am A2015-40 s 103
Legal practitioners entitled to practice
s 21orig s 21 renum as s 23 A2003‑48 amdt 1.23
(prev s 19) ins A2000‑17 sch 1
renum as s 21 A2003‑48 amdt 1.23
Use of interstate audiovisual links or audio links in proceedings in participating States
pt 3.3 hdg(prev div 3.3 hdg) ins A2000‑17 sch 1
renum as pt 3.3 hdg A2015-40 s 51
Use of interstate audiovisual links or audio links in proceedings in participating States
div 3.3 hdgrenum as pt 3.3 hdg
Application—pt 3.3
s 22 hdgam A2015-40 s 102
s 22orig s 22 renum as s 24 A2003‑48 amdt 1.23
(prev s 20) ins A2000‑17 sch 1
renum as s 22 A2003‑48 amdt 1.23
am A2015-40 s 103
Recognised courts may take evidence or receive submissions from people in ACT
s 23orig s 23 renum as s 25 A2003‑48 amdt 1.25
(prev s 21) ins A2000‑17 sch 1
renum as s 23 A2003‑48 amdt 1.23
Powers of recognised courts
s 24orig s 24 renum as s 26 A2003‑48 amdt 1.27
(prev s 22) ins A2000‑17 sch 1
renum as s 24 A2003‑48 amdt 1.23
Orders made by recognised court
s 25orig s 25 renum as s 27 A2003‑48 amdt 1.27
(prev s 23) ins A2000‑17 sch 1
am A2003‑48 amdt 1.24
renum as s 25 A2003‑48 amdt 1.25
Enforcement of order
s 26orig s 26 renum as s 28 A2003‑48 amdt 1.27
(prev s 24) ins A2000‑17 sch 1
am A2003‑48 amdt 1.26
renum as s 26 A2003‑48 amdt 1.27
Privileges, protection and immunity of participants in proceedings in courts of participating States
s 27orig s 27 renum as s 29 A2003‑48 amdt 1.27
(prev s 25) ins A2000‑17 sch 1
renum as s 27 A2003‑48 amdt 1.27
Recognised court may administer oath in ACT
s 28orig s 28 renum as s 30 A2003‑48 amdt 1.29
(prev s 26) ins A2000‑17 sch 1
renum as s 28 A2003‑48 amdt 1.27
am A2005‑53 amdt 1.51, amdt 1.52
Assistance to recognised court
s 29orig s 29 renum as s 31 A2003‑48 amdt 1.29
(prev s 27) ins A2000‑17 sch 1
renum as s 29 A2003‑48 amdt 1.27
am A2005‑53 amdt 1.53
Contempt of recognised courts
s 30orig s 30 renum as s 32 A2003‑48 amdt 1.29
(prev s 28) ins A2000‑17 sch 1
am A2003‑48 amdt 1.28
renum as s 30 A2003‑48 amdt 1.29
om A2005‑53 amdt 1.54
Use of audiovisual links or audio links with other places in ACT proceedings
pt 3.4 hdg(prev div 3.4 hdg) ins A2000‑17 sch 1
sub A2010‑40 amdt 2.12
renum as pt 3.4 hdg A2015-40 s 51
sub A2018‑9 s 41
Use of audiovisual links or audio links with places other than participating States in ACT proceedings
div 3.4 hdgrenum as pt 3.4 hdg
Application—pt 3.4
s 31 hdgam A2015-40 s 102
s 31orig s 31 renum as s 33 A2003‑48 amdt 1.29
(prev s 29) ins A2000‑17 sch 1
renum as s 31 A2003‑48 amdt 1.29
sub A2006‑40 amdt 2.106; A2010‑40 amdt 2.12
am A2015-40 s 103
Territory courts may take evidence and submissions from another place
s 32 hdgsub A2018‑9 s 42
s 32orig s 32 renum as s 34 A2003‑48 amdt 1.29
(prev s 30) ins A2000‑17 sch 1
renum as s 32 A2003‑48 amdt 1.29
sub A2010‑40 amdt 2.12
am A2011‑29 s 11; A2015-40 s 103; A2017‑28 amdt 3.13; A2018‑9 ss 43-47; ss renum R39 LA
Protection of certain communications and documents in criminal proceedings
pt 3.5 hdg(prev div 3.5 hdg) ins A2000‑17 sch 1
renum as pt 3.5 hdg A2015-40 s 51
Protection of certain communications and documents in criminal proceedings
div 3.5 hdgrenum as pt 3.5 hdg
Application—pt 3.5
s 33 hdgam A2015-40 s 102
s 33orig s 33 renum as s 35 A2003‑48 amdt 1.29
(prev s 31) ins A2000‑17 sch 1
renum as s 33 A2003‑48 amdt 1.29
am A2015-40 s 103, s 104
Protection of confidentiality
s 34orig s 34 renum as s 36 A2003‑48 amdt 1.31
(prev s 32) ins A2000‑17 sch 1
renum as s 34 A2003‑48 amdt 1.29
am A2015-40 s 103
Application of Listening Devices Act
s 35orig s 35 ins A2000‑17 sch 1
am A2001‑44 amdt 1.1581
om A2003‑48 s 5 (as am A2004‑18 s 21)
(prev s 33) ins A2000‑17 sch 1
renum as s 35 A2003‑48 amdt 1.29
am A2015-40 s 103
General matters
pt 3.6 hdg(prev div 3.6 hdg) ins A2000‑17 sch 1
renum as pt 3.6 hdg A2015-40 s 51
sub A2018‑9 s 48
Costs and expenses
div 3.6 hdgrenum as pt 3.6 hdg
Application—pt 3.6
s 35Ains A2018‑9 s 49
Administration of oaths and affirmations by audiovisual or audio link
s 35Bins A2018‑9 s 49
Putting documents to person by audiovisual or audio link
s 35Cins A2018‑9 s 49
Premises to be considered part of territory court
s 35Dins A2018‑9 s 49
am A2025‑29 amdt 3.113
Power to order payment of costs
s 36(prev s 34) ins A2000‑17 sch 1
am A2003‑48 amdt 1.30
renum as s 36 A2003‑48 amdt 1.31
am A2010‑40 amdt 2.13; A2018‑9 s 50
Sexual, violent and family violence offence proceedings
ch 4 hdg(prev pt 4 hdg) ins A2000‑17 sch 1
sub A2003‑48 s 4 (as am A2004‑18 s 20); A2011‑29 s 12
sub as ch 4 hdg A2015-40 s 52
sub A2016‑42 amdt 3.62; A2018‑46 s 15
Evidence in sexual and violent offence proceedings
pt 4 hdgsub as ch 4 hdg
Kinds of proceedings
pt 4.1 hdgins A2015-40 s 52
sub A2018‑46 s 15
Preliminary—pt 4
div 4.1 hdgsub as div 4.2.1 hdg
Failure to comply with ch 4
s 36Ains A2015-40 s 52
om A2018‑46 s 15
Meaning of relevant person—ch 4
s 36B hdg(prev s 38B hdg) sub A2015-40 s 60
s 36B(prev s 38B) ins A2008‑41 s 8
sub A2009‑7 amdt 1.18
am A2011‑29 s 16; A2012‑40 amdt 3.49; A2015-40 s 61
reloc and renum as s 36B A2015-40 s 62
am A2016‑42 amdts 3.63-3.65; pars renum R36 LA
om A2018‑46 s 15
Meaning of relative—ch 4
s 36C hdg(prev s 38BA hdg) sub A2015-40 s 63
s 36C(prev s 38BA) ins A2009‑7 amdt 1.18
am A2012‑40 amdts 3.50-3.52; A2013‑39 amdt 2.30 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55)); A2015-40 s 64
reloc and renum as s 36C A2015-40 s 65
am A2016‑42 amdts 3.66-3.68; pars renum R36 LA
om A2018‑46 s 15
Meaning of intellectually impaired—ch 4
s 36Dins A2015-40 s 52
om A2018‑46 s 15
Meaning of proceeding—pt 4.1
s 37 hdgsub A2015-40 s 54
s 37ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2005‑53 amdt 1.55
sub A2008‑41 s 4; A2018‑46 s 15
def less serious violent offence ins A2008‑41 s 4
sub A2015-40 s 55
am A2016‑42 amdt 3.69
om A2018‑46 s 15
def proceeding am A2019‑41 s 5
def serious violent offence ins A2008‑41 s 4
am A2011‑29 s 13; A2015-40 s 56, s 57; pars renum R34 LA
om A2018‑46 s 15
def sexual offence ins A2008‑41 s 4
om A2018‑46 s 15
def sexual or violent offence ins A2015-40 s 58
om A2018‑46 s 15
def sexual or violent offence proceeding ins A2015-40 s 58
om A2018‑46 s 15
def similar act witness ins A2008‑41 s 4
am A2011‑29 s 14; A2016‑42 amdt 2.4
om A2018‑46 s 15
def violent offence ins A2008‑41 s 4
om A2018‑46 s 15
def witness with a disability ins A2008‑41 s 4
om A2018‑46 s 15
Meaning of family violence offence proceeding—ch 4
s 38 hdgsub A2011‑29 s 15
am A2015-40 s 95
s 38ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2006‑40 amdt 2.107; A2008‑41 s 6, s 7; A2008‑44 amdt 1.56, amdt 1.57; A2009‑7 amdt 1.15, amdt 1.16
sub A2018‑46 s 15
am A2022‑13 s 79
Meaning of family violence offence—ch 4
s 38A hdgam A2015-40 s 95
s 38Ains A2008‑41 s 8
am A2008‑44 amdt 1.58; A2009‑7 amdt 1.17
om A2018‑46 s 15
ins A2022‑13 s 79
Meaning of relevant person—ch 4
s 38Breloc and renum as s 36B
om A2018‑46 s 15
Meaning of relative—ch 4
s 38BAreloc and renum as s 36C
om A2018‑46 s 15
Accused may be screened from witness in court
s 38Cins A2008‑41 s 8
am A2009‑7 amdt 1.19; A2009‑24 amdt 1.20; A2011‑29 s 17; ss renum R26 LA
om A2018‑46 s 15
Examination of witness by self-represented accused person—procedure
s 38Dins A2008‑41 s 8
sub A2009‑24 amdt 1.21
am A2011‑29 ss 18-20; ss renum R26 LA
om A2018‑46 s 15
Sexual and violent offence proceeding—witness may have support person in court
s 38E hdgsub A2011‑29 s 21
s 38Eins A2008‑41 s 8
am A2009‑24 amdt 1.22; A2011‑29 s 22; ss renum R26 LA
om A2018‑46 s 15
Meaning of less serious violent offence proceeding—ch 4
s 39ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2008‑41 s 9
am A2009‑24 amdt 1.23; A2011‑29 s 23, s 24; ss renum R26 LA; A2015‑40 ss 96-98
sub A2018‑46 s 15
Meaning of serious violent offence proceeding—ch 4
s 40 hdgsub A2008‑41 s 10
s 40ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2011‑29 s 25
sub A2018‑46 s 15
Meaning of complainant—div 4.2A
s 40Ains A2008‑41 s 11
om A2015-40 s 67
Meaning of sexual offence and violent offence—div 4.2.2A
s 40AA hdgam A2015‑40 s 96
s 40AAins A2011‑29 s 26
am A2015‑40 s 96
sub A2016‑42 amdt 3.70
om A2018‑46 s 15
Meaning of sexual offence proceeding—div 4.2.2A
s 40B hdgsub A2015-40 s 68
s 40Bins A2008‑41 s 11
am A2008‑46 amdt 3.22; A2009‑7 amdt 1.20; A2011‑29 s 27; A2015-40 s 69
om A2018‑46 s 15
Meaning of violent offence proceeding—div 4.2.2A
s 40C hdgsub A2015-40 s 70
s 40Cins A2008‑41 s 11
am A2008‑46 amdt 3.23; A2009‑7 amdt 1.21; A2011‑29 s 28; A2015-40 s 71
om A2018‑46 s 15
Meaning of witness—div 4.2.2A
s 40D hdgsub A2015-40 s 72
s 40Dins A2008‑41 s 11
am A2013‑12 s 33, s 34; A2015-40 s 73; A2016‑42 amdt 2.5, amdt 2.6
om A2018‑46 s 15
Meaning of audiovisual recording—div 4.2.2A
s 40E hdgam A2015‑40 s 96
s 40Eins A2008‑41 s 11
om A2018‑46 s 15
Audiovisual recording may be admitted as evidence
s 40Fins A2008‑41 s 11
om A2018‑46 s 15
Audiovisual recording—notice
s 40Gins A2008‑41 s 11
am A2009‑7 amdt 1.22, amdt 1.23
om A2018‑46 s 15
Audiovisual recording—notice for access
s 40Hins A2008‑41 s 11
om A2018‑46 s 15
Audiovisual recording—access to accused person
s 40Iins A2008‑41 s 11
om A2018‑46 s 15
Audiovisual recording—admissibility
s 40Jins A2008‑41 s 11
om A2018‑46 s 15
Audiovisual recording—jury trial
s 40Kins A2008‑41 s 11
om A2018‑46 s 15
Transcript of audiovisual recording—access to court
s 40Lins A2008‑41 s 11
om A2018‑46 s 15
Audiovisual recording—offences
s 40Mins A2008‑41 s 11
am A2009‑24 amdt 1.24
om A2018‑46 s 15
Meaning of complainant—div 4.2.2B
s 40N hdgam A2015-40 s 97
s 40Nins A2008‑41 s 11
om A2018‑46 s 15
Meaning of sexual offence—div 4.2.2B
s 40NA hdgam A2015-40 s 97
s 40NAins A2011‑29 s 29
sub A2016‑42 amdt 3.71
om A2018‑46 s 15
Meaning of sexual offence proceeding—div 4.2.2B
s 40O hdgam A2015-40 s 97
s 40Oins A2008‑41 s 11
am A2008‑46 amdt 3.24; A2009‑7 amdt 1.24; A2011‑29 s 30; A2016‑42 amdt 3.72
om A2018‑46 s 15
Meaning of witness—div 4.2.2B
s 40P hdgsub A2015-40 s 75
s 40Pins A2008‑41 s 11
am A2011‑29 s 31; ss renum R26 LA; A2013‑12 s 35; A2015‑40 s 76
om A2018‑46 s 15
Witness may give evidence at pre-trial hearing
s 40Q hdgsub A2009‑24 amdt 1.25
s 40Qins A2008‑41 s 11
am A2009‑24 amdts 1.26-1.28; ss renum R22 LA; A2015‑40 s 96
om A2018‑46 s 15
Who may be present at pre-trial hearing
s 40Rins A2008‑41 s 11
am A2011‑29 s 32
om A2018‑46 s 15
Evidence of witness at pre-trial hearing to be evidence at hearing
s 40Sins A2008‑41 s 11
am A2015‑40 s 96
om A2018‑46 s 15
Witness may be required to attend hearing
s 40Tins A2008‑41 s 11
am A2009‑24 amdt 1.29; A2011‑29 s 33; A2015‑40 s 98
om A2018‑46 s 15
Evidence of witness at pre-trial hearing—jury trial
s 40Uins A2008‑41 s 11
om A2018‑46 s 15
Recording of witness’s evidence at pre-trial hearing admissible in related hearing
s 40Vins A2008‑41 s 11
om A2018‑46 s 15
Audiovisual recording of child’s evidence—admissibility
s 40Wins A2008‑41 s 11
om A2018‑46 s 15
Definitions—div 4.2.3
s 40X hdgam A2015‑40 s 98
s 40Xins A2011‑29 s 35
om A2018‑46 s 15
def give evidence in a proceeding by audiovisual link ins A2011‑29 s 35
om A2018‑46 s 15
def proceeding ins A2011‑29 s 35
om A2018‑46 s 15
Meaning of sexual offence proceeding—ch 4
s 41 hdgsub A2011‑29 s 36
am A2015‑40 s 98
s 41ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2005‑13 amdt 1.34; A2008‑41 s 13, s 14; A2008‑44 amdt 1.59, amdt 1.60; A2009‑7 amdt 1.25, amdt 1.26; A2015‑40 s 78; pars renum R34 LA
sub A2018‑46 s 15
am A2025‑27 s 4
References to accused people—sexual offence proceedings under Work Health and Safety Act 2011
s 41A hdgam A2015‑40 s 98
s 41Ains A2008‑41 s 15
am A2008‑44 amdt 1.61; A2008‑46 amdt 3.25; A2009‑7 amdt 1.27; A2011‑29 s 37; A2015‑40 s 79
om A2018‑46 s 15
ins A2025‑27 s 5
Meaning of sexual offence and violent offence—div 4.3
s 41Bins A2011‑29 s 38
om A2015‑40 s 80
What special requirements apply to particular proceedings
pt 4.2 hdgins A2015-40 s 52
sub A2018‑46 s 15
Preliminary—pt 4.2
div 4.2.1 hdg        (prev div 4.1 hdg) ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub as div 4.2.1 hdg A2015-40 s 53
om A2018‑46 s 15
Sexual and violent offence proceedings—general
div 4.2 hdgrenum as div 4.2.2 hdg
Sexual and violent offence proceedings—general
div 4.2.2 hdg        (prev div 4.2 hdg) ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2008‑41 s 5
renum as div 4.2.2 hdg A2015-40 s 59
om A2018‑46 s 15
Sexual and violent offence proceedings—audiovisual recording of police interview admissible as evidence
div 4.2A hdg         renum as div 4.2.2A
Sexual and violent offence proceedings—audiovisual recording of police interview admissible as evidence
div 4.2.2A hdg       (prev div 4.2A hdg) ins A2008‑41 s 11
renum as div 4.2.2A hdg A2015-40 s 66
om A2018‑46 s 15
Sexual offence proceedings—giving evidence at pre-trial hearing
div 4.2B hdgrenum as div 4.2.2B hdg
Sexual offence proceedings—giving evidence at pre-trial hearing
div 4.2.2B hdg       (prev div 4.2B hdg) ins A2008‑41 s 11
renum as div 4.2.2B hdg A2015-40 s 74
om A2018‑46 s 15
Sexual and violent offence proceedings—giving evidence by audiovisual link
div 4.2.3 hdg        (prev div 4.3 hdg) ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2008‑41 s 12; A2011‑29 s 34
renum as div 4.2.3 hdg A2015‑40 s 77
om A2018‑46 s 15
Evidence of complainant’s sexual reputation and activities
div 4.2.4 hdg        (prev div 4.4 hdg) ins A2003‑48 s 6 (as am A2004‑18 s 21)
renum as div 4.2.4 hdg A2015‑40 s 84
om A2018‑46 s 15
Protection of counselling communications
div 4.2.5 hdg        (prev div 4.5 hdg) ins A2003‑48 s 6 (as am A2004‑18 s 21)
renum as div 4.2.5 hdg A2015‑40 s 84
om A2018‑46 s 15
Sexual offence proceedings—directions and warnings to juries
div 4.2.6 hdg        (prev div 4.6 hdg) ins A2003‑48 s 6 (as am A2004‑18 s 21)
note sub A2011‑29 s 65
renum as div 4.2.6 hdg A2015‑40 s 84
om A2018‑46 s 15
Sexual and violent offence proceedings—giving evidence by audiovisual link
div 4.3 hdgrenum as div 4.2.3 hdg
Definitions—pt 4.2
s 42 hdgsub A2011‑29 s 39
am A2015‑40 s 98
s 42ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2005‑53 amdt 1.56
sub A2008‑41 s 16
am A2009‑24 amdt 1.30; A2011‑29 ss 39-41; A2015‑40 s 81, s 82
sub A2018‑46 s 15
def child ins A2018‑46 s 15
def complainant ins A2018‑46 s 15
sub A2025‑27 s 6
def family member ins A2018‑46 s 15
def intellectually impaired ins A2018‑46 s 15
def similar act witness ins A2018‑46 s 15
def special relationship witness ins A2018‑46 s 15
def vulnerable adult ins A2018‑46 s 15
def witness with disability ins A2018‑46 s 15
Special requirements—particular proceedings
s 43 hdgsub A2011‑29 s 42
s 43ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2008‑41 s 17
am A2009‑24 amdt 1.31; A2011‑29 ss 42-44
sub A2018‑46 s 15
am A2019‑41 s 6; A2022‑13 s 80, s 81; A2023‑13 s 9
Recording evidence given by audiovisual link in sexual offence proceedings
s 43Ains A2013‑12 s 36
om A2018‑46 s 15
Court may inform itself about particular witnesses
s 44 hdgsub A2011‑29 s 45
am A2015‑40 s 98
s 44ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2008‑41 s 18, s 19; A2011‑29 ss 45-49
sub A2018‑46 s 15
Failure to comply with ch 4
s 45 hdgsub A2011‑29 s 50
am A2015‑40 s 98
s 45ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2008‑41 s 20, s 21; A2011‑29 s 50
sub A2018‑46 s 15
Special requirements—general
pt 4.3 hdgins A2015‑40 s 85
sub A2016‑42 amdt 3.73; A2018‑46 s 15
Preliminary—pt 4.3
div 4.3.1 hdg        ins A2015‑40 s 85
sub A2018‑46 s 15
Definitions—pt 4.3
s 46ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2008‑41 s 22
sub A2011‑29 s 51; A2018‑46 s 15
def relevant proceeding ins A2018‑46 s 15
def witness ins A2018‑46 s 15
Special requirements—general
div 4.3.2 hdg        ins A2015‑40 s 85
sub A2018‑46 s 15
Accused may be screened from witness in court
s 47ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2008‑41 s 23, s 24; A2011‑29 s 52
om A2015‑40 s 83
ins A2018‑46 s 15
No examination of witness by self-represented accused person
s 48 hdgsub A2011‑29 s 53
am A2015‑40 s 99
s 48ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2009‑7 amdt 1.28
sub A2018‑46 s 15
Witness may have support person in court
s 49 hdgam A2015‑40 s 98
s 49ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Evidence to be given in closed court
s 50ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Special requirements—audiovisual recording of police interview
div 4.3.3 hdg        ins A2015‑40 s 85
sub A2017‑10 s 4; A2018‑46 s 15
Meaning of audiovisual recording—div 4.3.3
s 51ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Police interview audiovisual recording may be admitted as evidence
s 52ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Police interview audiovisual recording—notice
s 53ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2011‑29 s 54
sub A2018‑46 s 15
Police interview audiovisual recording—notice for access
s 54 hdgam A2015‑40 s 100
s 54ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
def civil proceeding ins A2011‑29 s 55
om A2018‑46 s 15
def counselling ins A2003‑48 s 6 (as am A2004‑18 s 21)
om A2018‑46 s 15
def counsellor ins A2003‑48 s 6 (as am A2004‑18 s 21)
om A2018‑46 s 15
def criminal proceeding ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2006‑40 amdt 2.108; A2009‑7 amdt 1.29
om A2018‑46 s 15
def document recording a protected confidence ins A2003‑48 s 6 (as am A2004‑18 s 21)
om A2018‑46 s 15
def harm ins A2003‑48 s 6 (as am A2004‑18 s 21)
om A2018‑46 s 15
def preliminary criminal proceeding ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2006‑40 amdt 2.108
om A2018‑46 s 15
def proceeding ins A2011‑29 s 55
om A2018‑46 s 15
def protected confidence ins A2003‑48 s 6 (as am A2004‑18 s 21)
om A2018‑46 s 15
def protected confidence evidence ins A2003‑48 s 6 (as am A2004‑18 s 21)
om A2018‑46 s 15
Police interview audiovisual recording—access to accused person
s 55 hdgsub A2011‑29 s 56
am A2015‑40 s 100
s 55ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2011‑29 s 57
sub A2018‑46 s 15
Police interview audiovisual recording—admissibility
s 56 hdgam A2015‑40 s 100
s 56ins A2003‑48 s 6 (as am A2004‑18 s 21)
(2), (3) exp 1 January 2005 (s 56 (3))
sub A2018‑46 s 15
Police interview audiovisual recording—jury trial
s 57ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Transcript of police interview audiovisual recording—access to court
s 58ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2011‑29 s 58
sub A2018‑46 s 15
Police interview audiovisual recording—offences
s 59ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Giving evidence at pre-trial hearing
div 4.3.4 hdg        ins A2017‑10 s 6
sub A2018‑46 s 15
Witness may give evidence at pre-trial hearing
s 60ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Who may be present at pre-trial hearing
s 61ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2011‑29 s 59, s 60
sub A2018‑46 s 15
Evidence of witness at pre-trial hearing to be evidence at hearing
s 62ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2011‑29 s 61-63
sub A2018‑46 s 15
Witness may be required to attend hearing
s 63ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Evidence of witness at pre-trial hearing—jury trial
s 64ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Recording of witness’s evidence at pre-trial hearing admissible in related hearing
s 65ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2011‑29 s 64
sub A2018‑46 s 15
Audiovisual recording of child’s evidence—admissibility
s 66ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Giving evidence by audiovisual link
div 4.3.5 hdg        ins A2018‑46 s 15
Meaning of give evidence—div 4.3.5
s 67ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Giving evidence by audiovisual link
s 68 hdgsub A2011‑29 s 66
am A2015‑40 s 101
s 68ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Recording evidence given by audiovisual link or in courtroom
s 69 hdgsub A2023‑13 s 10
s 69ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
am A2023‑13 ss 11-13; ss renum R47 LA
Consequential orders—div 4.3.5
s 70ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Making of orders—div 4.3.5
s 71ins A2003‑48 s 6 (as am A2004‑18 s 21)
am A2011‑29 s 67
sub A2018‑46 s 15
Jury warning about inferences from witness giving evidence by audiovisual link
s 72ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Special requirements—sexual offence and family violence offence proceedings
pt 4.4 hdgins A2018‑46 s 15
sub A2022‑13 s 82
Sexual offence proceedings—general
div 4.4.1 hdg        ins A2018‑46 s 15
Evidence of complainant’s sexual reputation and activities
div 4.4 hdgrenum as div 4.2.4 hdg
Certain evidence to be given in closed court
s 73ins A2003‑48 s 6 (as am A2004‑18 s 21)
sub A2018‑46 s 15
Prohibition of publication of complainant’s identity
s 74ins A2004‑2 amdt 2.11
am A2005‑13 amdt 1.35; A2008‑20 amdt 4.39; A2009‑40 amdt 1.10
om A2011‑29 s 68
ins A2015‑40 s 85
sub A2016‑42 amdt 3.74; A2018‑46 s 15
Note for s 74         s 74 also ins A2003‑48 s 7 (as am A2004‑18 s 22) and renum as s 82 and then s 100
Evidence of family violence may be relevant evidence
s 74Ains A2023‑15 s 9
Sexual offence proceedings—evidence of complainant’s sexual reputation and activities
div 4.4.2 hdg        ins A2018‑46 s 15
Immunity of sexual reputation
s 75 hdgam A2016‑42 amdt 3.75
s 75ins A2004‑2 amdt 2.11
om A2011‑29 s 68
ins A2015‑40 s 85
am A2016‑42 amdt 3.75
sub A2018‑46 s 15
Note for s 75         s 75 also ins A2003‑48 s 7 (as am A2004‑18 s 22) and renum as s 83 and then s 101
General immunity of evidence of complainant’s sexual activities
s 76ins A2004‑2 amdt 2.11
om A2011‑29 s 68
ins A2015‑40 s 85
am A2016‑42 amdt 3.75
sub A2018‑46 s 15
Application for leave under s 76
s 77ins A2004‑2 amdt 2.11
om A2011‑29 s 68
ins A2015‑40 s 85
am A2016‑42 amdt 3.75
sub A2018‑46 s 15
Decision to give leave under s 76
s 78ins A2004‑2 amdt 2.11
om A2011‑29 s 68
ins A2015‑40 s 85
am A2016‑42 amdt 3.75
sub A2018‑46 s 15
Sexual and family violence offence proceedings—protection of counselling communications
div 4.4.3 hdg        ins A2018‑46 s 15
sub A2022‑13 s 83
Definitions—div 4.4.3
s 79ins A2004‑2 amdt 2.11
om A2011‑29 s 68
ins A2015‑40 s 85
sub A2018‑46 s 15
def civil proceeding ins A2018‑46 s 15
def counselled person ins A2024-27 s 5
def counselling ins A2018‑46 s 15
def counsellor ins A2018‑46 s 15
def criminal proceeding ins A2018‑46 s 15
def document recording a protected confidence ins A2018‑46 s 15
def harm ins A2018‑46 s 15
def preliminary criminal proceeding ins A2018‑46 s 15
def proceeding ins A2018‑46 s 15
def protected confidence ins A2018‑46 s 15
def protected confidence evidence ins A2018‑46 s 15
Meaning of protected confidence—div 4.4.3
s 79Ains A2018‑46 s 15
am A2022‑13 ss 84-86
When does div 4.4.3 apply?
s 79Bins A2018‑46 s 15
Immunity for protected confidences in preliminary criminal proceedings
s 79Cins A2018‑46 s 15
General immunity for protected confidences
s 79Dins A2018‑46 s 15
Application for leave to disclose protected confidence
s 79Eins A2018‑46 s 15
am A2024-27 s 6
Threshold test––legitimate forensic purpose
s 79Fins A2018‑46 s 15
am A2024-27 s 7; ss renum R50 LA
Preliminary examination of protected confidence evidence
s 79Gins A2018‑46 s 15
am A2024-27 s 8, s 9; ss renum R50 LA
Giving of leave to disclose protected confidence
s 79Hins A2018‑46 s 15
am A2024-27 s 10
Ancillary orders for protection of person who made protected confidence
s 79Iins A2018‑46 s 15
Counselled person may appear in proceeding if protected confidence sought to be disclosed
s 79IAins A2024-27 s 11
Court must be satisfied counselled person is informed of rights under div 4.4.3
s 79IBins A2024-27 s 11
No waiver of protected confidence immunity
s 79Jins A2018‑46 s 15
No protected confidence immunity for medical information
s 79Kins A2018‑46 s 15
am A2022‑13 s 87
No protected confidence immunity for communications for criminal investigations and proceedings
s 79Lins A2018‑46 s 15
am A2022‑13 s 88
No protected confidence immunity in case of misconduct
s 79Mins A2018‑46 s 15
Sexual offence proceedings—directions and warnings to juries
div 4.4.4 hdg        ins A2018‑46 s 15
Comments on complainants’ evidence
s 80ins A2004‑2 amdt 2.11
om A2011‑29 s 68
ins A2015‑40 s 85
am A2016‑42 amdt 3.75
sub A2018‑46 s 15
Comments on children’s evidence
s 80Ains A2018‑46 s 15
Comments about lack of, or delays in making, complaint
s 80Bins A2018‑46 s 15
Directions about implied consent
s 80Cins A2018‑46 s 15
Directions about mistaken belief about consent
s 80Dins A2018‑46 s 15
om A2023‑15 s 10
Special requirements—family violence offence proceedings
pt 4.5 hdgins A2018‑46 s 15
Protection of counselling communications
div 4.5 hdgrenum as div 4.2.5 hdg
Preliminary—pt 4.5
div 4.5.1 hdg        ins A2018‑46 s 15
Meaning of recorded statement—pt 4.5
s 81ins A2004‑2 amdt 2.11
om A2011‑29 s 68
ins A2015‑40 s 85
sub A2018‑46 s 15
Family violence offence proceedings—recorded statement of police interview
div 4.5.2 hdg        ins A2018‑46 s 15
Recorded statement—requirements
s 81Ains A2008‑19 amdt 1.85
om A2011‑29 s 68
ins A2015‑40 s 85
sub A2018‑46 s 15
Recorded statement—may be admitted as evidence
s 81Bins A2008‑41 s 25
om A2011‑29 s 69
ins A2015‑40 s 85
am A2016‑42 amdt 3.75
sub A2018‑46 s 15
Recorded statement—hearsay rule and opinion rule
s 81Cins A2008‑41 s 25
om A2011‑29 s 69
ins A2015‑40 s 85
am A2016‑42 amdt 3.75
sub A2018‑46 s 15
Validity of proceeding not affected
s 81Dins A2008‑41 s 25
am A2009‑24 amdt 1.32
om A2011‑29 s 69
ins A2015‑40 s 85
sub A2018‑46 s 15
Recorded statement—represented accused person to be given copy
s 81Eins A2015‑40 s 85
am A2016‑42 amdt 3.75
sub A2018‑46 s 15
Recorded statement—unrepresented accused person to be given access
s 81Fins A2015‑40 s 85
am A2016‑42 amdt 3.75
sub A2018‑46 s 15
Recorded statement—admissibility
s 81Gins A2015‑40 s 85
am A2017‑10 s 5
sub A2018‑46 s 15
Recorded statement—accused person to be given audio copy
s 81Hins A2017‑10 s 6
sub A2018‑46 s 15
Recorded statement—jury trial
s 81Iins A2018‑46 s 15
Recorded statement—offence to publish
s 81Jins A2018‑46 s 15
Recorded statement of police interview admissible as evidence—application for protection order
div 4.5.3 hdg        ins A2018‑46 s 15
Recorded statement—may be admitted as evidence in application for family violence protection order
s 81Kins A2018‑46 s 15
Sexual offence proceedings—directions and warnings to juries
div 4.6 hdgrenum as div 4.2.6 hdg
Family objections
div 4.7 hdgins A2004‑2 amdt 2.11
om A2011‑29 s 68
Proceedings against young people
div 4.8 hdgins A2008‑19 amdt 1.85
om A2011‑29 s 68
Evidence in any proceedings
pt 4A hdgins A2008‑41 s 25
om A2011‑29 s 69
Certain evidence under court rules not admissible
ch 5 hdg(prev pt 5 hdg) ins A2006‑40 amdt 2.109
sub A2011‑29 s 70; A2011‑48 amdt 1.28
renum as ch 5 hdg A2015‑40 s 86
Certain evidence under court rules not admissible
pt 5 hdgrenum as pt 7 hdg and then as ch 5 hdg
Evidence not admissible in court—neutral evaluation
s 82orig s 82
(prev s 74) renum as s 100
pres s 82
ins A2006‑40 amdt 2.109
am A2010‑40 amdt 2.14
Evidence not admissible in court—expert report
s 83orig s 83
(prev s 75) renum as s 101
pres s 83
ins A2006‑40 amdt 2.109
Evidence not admissible in court—meeting of experts
s 84ins A2006‑40 amdt 2.109
Evidence not admissible in court—evidence taken in examination
s 85ins A2006‑40 amdt 2.109
Evidence in criminal proceedings—dangerously ill people
ch 6 hdg(prev pt 6 hdg) reloc from Court Procedures Act 2004 pt 6 A2006‑40 amdt 2.90
sub A2011‑29 s 71
renum as ch 6 hdg A2015‑40 s 86
Evidence in criminal proceedings—dangerously ill people
pt 6 hdgrenum as ch 6 hdg
Meaning of dangerously ill person—ch 6
s 90 hdgam A2015-40 s 106
s 90reloc from Court Procedures Act 2004 s 53 A2006‑40 amdt 2.90
sub A2011‑29 s 71
am A2015-40 s 104
Application—ch 6
s 91 hdgbracketed note exp 1 March 2013 (s 3 (3))
am A2015-40 s 106
s 91reloc from Court Procedures Act 2004 s 54 A2006‑40 amdt 2.90
sub A2011‑29 s 71
am A2015-40 s 104
Recording of evidence of dangerously ill person
s 92reloc from Court Procedures Act 2004 s 55 A2006‑40 amdt 2.90
sub A2011‑29 s 71
Notice of evidence of dangerously ill person
s 93 hdgbracketed note exp 1 March 2013 (s 3 (3))
s 93ins A2011‑29 s 71
Admissibility of recording of evidence of dangerously ill person
s 94 hdgbracketed note exp 1 March 2013 (s 3 (3))
s 94ins A2011‑29 s 71
Victim impact statements
ch 6A hdgins A2022‑13 s 89
Definitions—ch 6
s 95ins A2022‑13 s 89
def principal proceeding ins A2022‑13 s 89
def victim impact statement ins A2022‑13 s 89
Victim impact statements—cross-examination in principal proceeding
s 96ins A2022‑13 s 89
Victim impact statements—use in other proceeding
s 97ins A2022‑13 s 89
Evidence in any proceedings—other matters
ch 7 hdg(prev pt 5 hdg) ins A2003‑48 s 7 (as am A2004‑18 s 22)
renum as pt 7 hdg A2006‑40 amdt 2.110
sub A2011‑29 s 71
renum as ch 7 hdg A2015‑40 s 86
Evidence in any proceedings—other matters
pt 7 hdgrenum as ch 7 hdg
Evidence of witnesses with disabilities or vulnerabilities
pt 7.1 hdg(prev div 7.1 hdg) ins A2011‑29 s 71
renum as pt 7.1 hdg A2015‑40 s 87
Evidence of witnesses with disabilities or vulnerabilities
div 7.1 hdgrenum as pt 7.1 hdg
Meaning of witness with a disability—pt 7.1
s 100 hdgam A2015-40 s 102
s 100(prev s 74) ins A2003‑48 s 7 (as am A2004‑18 s 22)
renum as s 82 A2004‑2 amdt 2.12
renum as s 100 A2006‑40 amdt 2.111
sub A2011‑29 s 71
am A2015-40 s 103
Child or witness with disability may have support person in court
s 101(prev s 75) ins A2003‑48 s 7 (as am A2004‑18 s 22)
renum as s 83 A2004‑2 amdt 2.12
renum as s 101 A2006‑40 amdt 2.111
sub A2011‑29 s 71
Witness with vulnerability may give evidence in closed court
s 102ins A2011‑29 s 71
am A2015‑40 s 96, s 97; A2018‑46 s 16, s 17
Making of s 101 and s 102 orders—court not bound by rules of evidence
s 103ins A2011‑29 s 71
Evidence in any proceedings—miscellaneous
pt 7.2 hdg(prev div 7.2 hdg) ins A2011‑29 s 71
renum as pt 7.2 hdg A2015‑40 s 87
Evidence in any proceedings—miscellaneous
div 7.2 hdgrenum as pt 7.2 hdg
Proof of document under law of Commonwealth country
s 104 hdgbracketed note exp 1 March 2013 (s 3 (3))
s 104ins A2011‑29 s 71
Evidence in any proceedings—extended application of Evidence Act
pt 7.3 hdg(prev div 7.3 hdg) ins A2011‑48 amdt 1.29
renum as pt 7.3 hdg A2015‑40 s 87
Evidence in any proceedings—extended application of Evidence Act
div 7.3 hdgrenum as pt 7.3 hdg
Extended application of Evidence Act—interpreters
s 105ins A2011‑48 amdt 1.29
Publication of evidence
ch 8 hdg(prev pt 8 hdg) ins A2011‑29 s 71
renum as ch 8 hdg A2015‑40 s 88
Publication of evidence
pt 8 hdgrenum as ch 8 hdg
Application—ch 8
s 110 hdgam A2015-40 s 106
s 110ins A2011‑29 s 71
am A2015-40 s 104
Prohibition of publication of evidence etc
s 111ins A2011‑29 s 71
Noncompliance with s 111 order
s 112ins A2011‑29 s 71
Miscellaneous
ch 9 hdg(prev pt 9 hdg) ins A2011‑29 s 71
renum as ch 9 hdg A2015‑40 s 88
Miscellaneous
pt 9 hdgrenum as ch 9 hdg
Approved forms
s 120ins A2011‑29 s 71
am A2025‑29 amdt 4.72
Regulation-making power
s 121ins A2011‑29 s 71
am A2015-40 s 104, s 106; A2025‑29 amdt 4.72
Transitional—Sexual and Violent Offences Legislation Amendment Act 2008
pt 10 hdgins A2008‑41 s 26
exp 30 May 2010 (s 151)
Application of amendments
s 150ins A2008‑41 s 26
am A2009‑24 amdt 1.33
exp 30 May 2010 (s 151)
Expiry—pt 10
s 151ins A2008‑41 s 26
exp 30 May 2010 (s 151)
Transitional—Evidence (Miscellaneous Provisions) Amendment Act 2011
pt 11 hdgins A2011‑29 s 71
exp 1 March 2014 (s 163)
Existing proceedings
s 160ins A2011‑29 s 71
exp 1 March 2014 (s 163)
Protected confidences—div 4.5 proceedings
s 161ins A2011‑29 s 71
exp 1 March 2014 (s 163)
Transitional regulations
s 162ins A2011‑29 s 71
exp 1 March 2014 (s 163)
Expiry—pt 11
s 163ins A2011‑29 s 71
exp 1 March 2014 (s 163)
COVID-19 emergency response
pt 12 hdgrenum as ch 12 hdg
COVID-19 emergency response
ch 12 hdg(prev pt 12 hdg) ins A2020‑11 amdt 1.31
renum as ch 12 hdg R43 LA
exp 29 September 2023 (s 164 (2))
Regulation-making power—COVID-19 emergency response
s 164ins A2020‑11 amdt 1.31
am A2020‑14 amdt 1.62, amdt 1.63; A2021-1 amdt 1.20
exp 29 September 2023 (s 164 (2))
Transitional—Crimes (Disclosure) Legislation Amendment Act 2024
ch 13 hdgins A2024-27 s 12
exp 20 June 2027 (s 168)
Meaning of commencement day—ch 13
s 165ins A2024-27 s 12
exp 20 June 2027 (s 168)
Amendments do not apply to proceedings begun before commencement day
s 166ins A2024-27 s 12
exp 20 June 2027 (s 168)
Amendments apply to protected confidences made before, on or after commencement day
s 167ins A2024-27 s 12
exp 20 June 2027 (s 168)
Expiry—ch 13
s 168ins A2024-27 s 12
exp 20 June 2027 (s 168)
Dictionary
dictins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2005‑53 amdt 1.57; A2006‑23 amdt 1.197; A2011‑29 s 72, s 73; A2013‑19 amdt 3.152; A2013‑39 amdt 2.31 (A2013‑39 never effective (see Commonwealth v Australian Capital Territory [2013] HCA 55)); A2015‑40 s 89
def ACT court ins A2011‑29 s 74
am A2011‑48 amdt 1.30; A2025‑29 amdt 3.114
def audio link ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015-40 s 104
def audiovisual link ins A2003‑48 s 7 (as am A2004‑18 s 22)
def audiovisual recording ins A2008‑41 s 27
am A2015‑40 s 96
sub A2018‑46 s 18
def child ins A2018‑46 s 19
def civil proceeding ins A2011‑29 s 74
am A2015‑40 s 100
sub A2018‑46 s 20
am A2022‑13 s 92
def complainant ins A2003‑48 s 7 (as am A2004‑18 s 22)
sub A2008‑41 s 28
am A2011‑29 s 75
sub A2015‑40 s 90
am A2016‑42 amdt 3.75
sub A2018‑46 s 21
def counselled person ins A2024-27 s 13
def counselling ins A2018‑46 s 22
am A2022‑13 s 92
def counsellor ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015‑40 s 100
sub A2018‑46 s 23
am A2022‑13 s 92
def court ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015-40 s 104
sub A2018‑46 s 24
def criminal proceeding ins A2003‑48 s 7 (as am A2004‑18 s 22)
sub A2011‑29 s 76
am A2015‑40 s 100; A2018‑46 s 25; A2022‑13 s 92
def dangerously ill person ins A2011‑29 s 77
am A2015-40 s 104
def document recording a protected confidence ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015‑40 s 100
sub A2018‑46 s 24
am A2022‑13 s 92
def domestic violence offence ins A2015‑40 s 91
om A2016‑42 amdt 3.76
def domestic violence offence proceeding ins A2015‑40 s 91
om A2016‑42 amdt 3.76
def evidence receiving entity ins A2011‑29 s 77
am A2011‑48 amdt 1.31
def external place ins A2011‑29 s 77
def family member ins A2018‑46 s 27
sub A2022‑13 s 90
def family objection ins A2004‑2 amdt 2.13
om A2011‑29 s 78
def family violence offence ins A2016‑42 amdt 3.77
om A2018‑46 s 28
ins A2022‑13 s 91
def family violence offence proceeding ins A2016‑42 amdt 3.77
sub A2018‑46 s 29
def give evidence ins A2018‑46 s 30
def give evidence in a proceeding by audiovisual link ins A2011‑29 s 79
am A2015‑40 s 98, s 104
om A2018‑46 s 31
def ground rules hearing ins A2019‑41 s 7
def harm ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015‑40 s 100
sub A2018‑46 s 32
am A2022‑13 s 92
def intellectually impaired ins A2015‑40 s 91
am A2016‑42 amdt 3.78
sub A2018‑46 s 32
def intermediaries administrator ins A2019‑41 s 7
def intermediary ins A2019‑41 s 7
def less serious violent offence ins A2008‑41 s 29
am A2011‑29 s 80; A2015‑40 s 105
om A2018‑46 s 33
def less serious violent offence proceeding ins A2018‑46 s 34
def Magistrates Court ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015-40 s 104
sub A2018‑46 s 35
def participating State ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015-40 s 104
def preliminary criminal proceeding ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015‑40 s 100
sub A2018‑46 s 36
am A2022‑13 s 92
def prescribed witness ins A2003‑48 s 7 (as am A2004‑18 s 22)
om A2011‑29 s 81
def principal proceeding ins A2022‑13 s 91
def proceeding ins A2003‑48 s 7 (as am A2004‑18 s 22)
sub A2011‑29 s 82
am A2015‑40 s 98, s 100, s 104; A2018‑46 s 37; A2022‑13 s 92
def protected confidence ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015‑40 s 100
sub A2018‑46 s 38
am A2022‑13 s 92
def protected confidence evidence ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015‑40 s 100
sub A2018‑46 s 38
am A2022‑13 s 92
def recognised court ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015-40 s 104
def recorded statement ins A2015‑40 s 91
am A2016‑42 amdt 3.78
sub A2018‑46 s 39
def relative ins A2009‑7 amdt 1.30
sub A2015‑40 s 92
am A2016‑42 amdt 3.78
om A2018‑46 s 40
def relevant person ins A2008‑41 s 29
sub A2009‑7 amdt 1.30; A2015‑40 s 92
am A2016‑42 amdt 3.78
om A2018‑46 s 40
def relevant proceeding ins A2018‑46 s 41
def serious violent offence ins A2008‑41 s 29
am A2011‑29 s 83; A2015‑40 s 105
om A2018‑46 s 42
def serious violent offence proceeding ins A2018‑46 s 43
def sexual offence ins A2003‑48 s 7 (as am A2004‑18 s 22)
sub A2011‑29 s 84; A2015‑40 s 92
om A2018‑46 s 44
def sexual offence proceeding ins A2003‑48 s 7 (as am A2004‑18 s 22)
sub A2008‑41 s 28
am A2011‑29 s 85; A2015‑40 ss 95-99, s 101
sub A2018‑46 s 45
def sexual or violent offence ins A2015‑40 s 93
om A2018‑46 s 46
def sexual or violent offence proceeding ins A2015‑40 s 93
om A2018‑46 s 46
def similar act witness ins A2008‑41 s 29
am A2011‑29 s 86; A2015‑40 s 105
sub A2018‑46 s 47
def special relationship witness ins A2018‑46 s 48
defState ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015-40 s 104
def territory court ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015-40 s 104
def tribunal ins A2003‑48 s 7 (as am A2004‑18 s 22)
am A2015-40 s 104
def victim impact statement ins A2022‑13 s 91
def violent offence ins A2008‑41 s 29
sub A2011‑29 s 87; A2015‑40 s 94
om A2018‑46 s 49
def violent offence proceeding ins A2008‑41 s 29
am A2011‑29 s 88; A2015‑40 s 95, s 96, s 98
om A2018‑46 s 49
def vulnerable adult ins A2018‑46 s 50
def witness ins A2008‑41 s 29
am A2015‑40 s 96, s 97
sub A2018‑46 s 51; A2019‑41 s 8
def witness with a disability ins A2008‑41 s 29
sub A2011‑29 s 89
am A2015-40 s 103, s 105
om A2018‑46 s 52
def witness with disability ins A2018‑46 s 53

Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date Effective Last amendment made by Republication for

R1 (RI)
20 Aug 2003 24 Dec 1992–
30 May 1994 A1992‑80 amendments by A1992‑80
reissue of printed version

R1A
20 Aug 2003 31 May 1994–
14 Dec 1994 A1994‑24 amendments by A1994‑24

R2 (RI)
30 Aug 2003 15 Dec 1994–
20 June 1996 A1994‑96 amendments by A1994‑96
reissue of printed version

R3 (RI)
30 Aug 2003 30 Oct 1998–
23 Dec 1999 A1998‑45 amendments by A1996‑25 and A1998‑45

R4 (RI)
30 Aug 2003 1 June 2000–
11 Sept 2001 A2000‑17 amendments by A1999‑64,
A1999‑91 and A2000‑17
reissue of printed version

R5
13 Dec 2001 12 Sept 2001–
23 Sept 2001 A2001‑90 amendments by A2001‑44

R6
27 Mar 2002 27 Mar 2002–
16 Sept 2002 A2001‑90 amendments by A2001‑82 and A2001‑90

R7
17 Sept 2002 17 Sept 2002–
16 Jan 2003 A2002‑30 amendments by A2002‑30

R8
17 Jan 2003 17 Jan 2003–
21 Mar 2004 A2002‑49 amendments by A2002‑49

R9
22 Mar 2004 22 Mar 2004–
29 Apr 2004 A2004‑2 amendments by A2004‑2

R10*
30 Apr 2004 30 Apr 2004–
1 Jan 2005 A2004‑18 amendments by A2003‑48, A2004‑2 and A2004‑18

R11
7 Jan 2005 2 Jan 2005–
24 Mar 2005 A2004‑18 commenced expiry

R12
25 Mar 2005 25 Mar 2005–
22 Nov 2005 A2005‑13 amendments by A2005‑13

R13
23 Nov 2005 23 Nov 2005–
1 June 2006 A2005‑53 amendments by A2005‑53

R14
2 June 2006 2 June 2006–
28 Sept 2006 A2006‑23 amendments by A2006‑23

R15
29 Sept 2006 29 Sept 2006–
17 Dec 2007 A2006‑40 amendments by A2006‑40

R16
18 Dec 2007 18 Dec 2007–
8 Sept 2008 A2007‑15 amendments by A2007‑15

R17
9 Sept 2008 9 Sept 2008–
26 Oct 2008 A2008‑44 amendments by A2008‑20

R18
27 Oct 2008 27 Oct 2008–
26 Feb 2009 A2008‑46 amendments by A2008‑20

R19
27 Feb 2009 27 Feb 2009–
29 Mar 2009 A2008‑46 amendments by A2008‑19 and A2008‑20

R20
30 Mar 2009 30 Mar 2009–
29 May 2009 A2009‑7 amendments by A2008‑46

R21*
30 May 2009 30 May 2009–
3 Sept 2009 A2009‑7 amendments by A2008‑41, A2008‑44, A2008‑46 and A2009‑7

R22
4 Sept 2009 4 Sept 2009–
31 Dec 2009 A2009‑24 amendments by A2009‑24

R23
1 Jan 2010 1 Jan 2010–
30 May 2010 A2009‑40 amendments by A2009‑40

R24
31 May 2010 31 May 2010–
1 Nov 2010 A2009‑40 commenced expiry

R25
2 Nov 2010 2 Nov 2010–
29 Feb 2012 A2010‑40 amendments by A2010‑40

R26
1 Mar 2012 1 Mar 2012–
10 Sept 2012 A2011‑48 amendments by A2011‑29 and A2011‑48

R27
11 Sept 2013 11 Sept 2013–
1 March 2013 A2012‑40 amendments by A2012‑40

R28
2 Mar 2013 2 Mar 2013–
23 Apr 2013 A2012‑40 republication for expiry of provisions (s 3 (2), (3), ss 91, 93, 94, 104 bracketed heading notes)

R29
24 Apr 2013 24 Apr 2013–
13 June 2013 A2013-12 amendments by A2013-12

R30
14 June 2013 14 June 2013–
6 Nov 2013 A2013-19 amendments by A2013-19

R31
7 Nov 2013 never effective A2013‑39 (never effective) amendments by A2013‑39

R31 (RI)
24 Feb 2014 7 Nov 2013–
7 Nov 2013 A2013‑39 (never effective) reissue because of High Court decision in relation to A2013‑39

R32
8 Nov 2013 never effective A2013‑43 amendments by A2013‑43

R32 (RI)
24 Feb 2014 8 Nov 2013–
1 Mar 2014 A2013‑43 reissue because of High Court decision in relation to A2013‑39

R33
2 Mar 2014 2 Mar 2014–
3 May 2016 A2013‑43 expiry of transitional provisions (pt 11)

R34
4 May 2016 4 May 2016–
29 Apr 2017 A2015-40 amendments by A2015-40

R35
30 Apr 2017 30 Apr 2017–
30 Apr 2017 A2017-10 amendments by A2017-10

R36
1 May 2017 1 May 2017–
30 June 2017 A2017‑10 amendments by A2016‑42 as amended by A2017‑10

R37
1 July 2017 1 July 2017–
10 Oct 2017 A2017‑10 amendments by A2017‑7

R38
11 Oct 2017 11 Oct 2017–
25 Apr 2018 A2017‑28 amendments by A2017‑28

R39
26 Apr 2018 26 Apr 2018–
4 Dec 2018 A2018‑9 amendments by A2018‑9

R40
5 Dec 2018 5 Dec 2018–
30 Jan 2020 A2018‑46 amendments by A2018‑46

R41
31 Jan 2020 31 Jan 2020–
8 Mar 2020 A2019‑41 amendments by A2019‑41

R42
9 Mar 2020 9 Mar 2020–
7 Apr 2020 A2019‑41 amendments by A2019‑41

R43
8 Apr 2020 8 Apr 2020–
13 May 2020 A2020‑11 amendments by A2020‑11

R44
14 May 2020 14 May 2020–
19 Feb 2021 A2020-14 amendments by A2020-14

R45
20 Feb 2021 20 Feb 2021–
16 Aug 2022 A2021‑1 amendments by A2021‑1

R46
17 Aug 2022 17 Aug 2022–
11 Apr 2023 A2022‑13 amendments by A2022‑13

R47
12 Apr 2023 12 Apr 2023–
23 May 2023 A2023‑13 amendments by A2023‑13

R48
24 May 2023 24 May 2023–
29 Sept 2023 A2023-15 amendments by A2023-15

R49
30 Sept 2023 30 Sept 2023–
19 June 2024 A2023‑15 expiry of provisions (ch 12)

R50
20 June 2024 20 June 2024–
9 Oct 2025 A2024‑27 amendments by A2024‑27

R51
10 Oct 2025 10 Oct 2025–
15 Nov 2025 A2025‑27 amendments by A2025‑27

Republication No and date	Effective	Last amendment made by	Republication for
R1 (RI) 20 Aug 2003	24 Dec 1992– 30 May 1994	A1992‑80	amendments by A1992‑80 reissue of printed version
R1A 20 Aug 2003	31 May 1994– 14 Dec 1994	A1994‑24	amendments by A1994‑24
R2 (RI) 30 Aug 2003	15 Dec 1994– 20 June 1996	A1994‑96	amendments by A1994‑96 reissue of printed version
R3 (RI) 30 Aug 2003	30 Oct 1998– 23 Dec 1999	A1998‑45	amendments by A1996‑25 and A1998‑45
R4 (RI) 30 Aug 2003	1 June 2000– 11 Sept 2001	A2000‑17	amendments by A1999‑64, A1999‑91 and A2000‑17 reissue of printed version
R5 13 Dec 2001	12 Sept 2001– 23 Sept 2001	A2001‑90	amendments by A2001‑44
R6 27 Mar 2002	27 Mar 2002– 16 Sept 2002	A2001‑90	amendments by A2001‑82 and A2001‑90
R7 17 Sept 2002	17 Sept 2002– 16 Jan 2003	A2002‑30	amendments by A2002‑30
R8 17 Jan 2003	17 Jan 2003– 21 Mar 2004	A2002‑49	amendments by A2002‑49
R9 22 Mar 2004	22 Mar 2004– 29 Apr 2004	A2004‑2	amendments by A2004‑2
R10* 30 Apr 2004	30 Apr 2004– 1 Jan 2005	A2004‑18	amendments by A2003‑48, A2004‑2 and A2004‑18
R11 7 Jan 2005	2 Jan 2005– 24 Mar 2005	A2004‑18	commenced expiry
R12 25 Mar 2005	25 Mar 2005– 22 Nov 2005	A2005‑13	amendments by A2005‑13
R13 23 Nov 2005	23 Nov 2005– 1 June 2006	A2005‑53	amendments by A2005‑53
R14 2 June 2006	2 June 2006– 28 Sept 2006	A2006‑23	amendments by A2006‑23
R15 29 Sept 2006	29 Sept 2006– 17 Dec 2007	A2006‑40	amendments by A2006‑40
R16 18 Dec 2007	18 Dec 2007– 8 Sept 2008	A2007‑15	amendments by A2007‑15
R17 9 Sept 2008	9 Sept 2008– 26 Oct 2008	A2008‑44	amendments by A2008‑20
R18 27 Oct 2008	27 Oct 2008– 26 Feb 2009	A2008‑46	amendments by A2008‑20
R19 27 Feb 2009	27 Feb 2009– 29 Mar 2009	A2008‑46	amendments by A2008‑19 and A2008‑20
R20 30 Mar 2009	30 Mar 2009– 29 May 2009	A2009‑7	amendments by A2008‑46
R21* 30 May 2009	30 May 2009– 3 Sept 2009	A2009‑7	amendments by A2008‑41, A2008‑44, A2008‑46 and A2009‑7
R22 4 Sept 2009	4 Sept 2009– 31 Dec 2009	A2009‑24	amendments by A2009‑24
R23 1 Jan 2010	1 Jan 2010– 30 May 2010	A2009‑40	amendments by A2009‑40
R24 31 May 2010	31 May 2010– 1 Nov 2010	A2009‑40	commenced expiry
R25 2 Nov 2010	2 Nov 2010– 29 Feb 2012	A2010‑40	amendments by A2010‑40
R26 1 Mar 2012	1 Mar 2012– 10 Sept 2012	A2011‑48	amendments by A2011‑29 and A2011‑48
R27 11 Sept 2013	11 Sept 2013– 1 March 2013	A2012‑40	amendments by A2012‑40
R28 2 Mar 2013	2 Mar 2013– 23 Apr 2013	A2012‑40	republication for expiry of provisions (s 3 (2), (3), ss 91, 93, 94, 104 bracketed heading notes)
R29 24 Apr 2013	24 Apr 2013– 13 June 2013	A2013-12	amendments by A2013-12
R30 14 June 2013	14 June 2013– 6 Nov 2013	A2013-19	amendments by A2013-19
R31 7 Nov 2013	never effective	A2013‑39 (never effective)	amendments by A2013‑39
R31 (RI) 24 Feb 2014	7 Nov 2013– 7 Nov 2013	A2013‑39 (never effective)	reissue because of High Court decision in relation to A2013‑39
R32 8 Nov 2013	never effective	A2013‑43	amendments by A2013‑43
R32 (RI) 24 Feb 2014	8 Nov 2013– 1 Mar 2014	A2013‑43	reissue because of High Court decision in relation to A2013‑39
R33 2 Mar 2014	2 Mar 2014– 3 May 2016	A2013‑43	expiry of transitional provisions (pt 11)
R34 4 May 2016	4 May 2016– 29 Apr 2017	A2015-40	amendments by A2015-40
R35 30 Apr 2017	30 Apr 2017– 30 Apr 2017	A2017-10	amendments by A2017-10
R36 1 May 2017	1 May 2017– 30 June 2017	A2017‑10	amendments by A2016‑42 as amended by A2017‑10
R37 1 July 2017	1 July 2017– 10 Oct 2017	A2017‑10	amendments by A2017‑7
R38 11 Oct 2017	11 Oct 2017– 25 Apr 2018	A2017‑28	amendments by A2017‑28
R39 26 Apr 2018	26 Apr 2018– 4 Dec 2018	A2018‑9	amendments by A2018‑9
R40 5 Dec 2018	5 Dec 2018– 30 Jan 2020	A2018‑46	amendments by A2018‑46
R41 31 Jan 2020	31 Jan 2020– 8 Mar 2020	A2019‑41	amendments by A2019‑41
R42 9 Mar 2020	9 Mar 2020– 7 Apr 2020	A2019‑41	amendments by A2019‑41
R43 8 Apr 2020	8 Apr 2020– 13 May 2020	A2020‑11	amendments by A2020‑11
R44 14 May 2020	14 May 2020– 19 Feb 2021	A2020-14	amendments by A2020-14
R45 20 Feb 2021	20 Feb 2021– 16 Aug 2022	A2021‑1	amendments by A2021‑1
R46 17 Aug 2022	17 Aug 2022– 11 Apr 2023	A2022‑13	amendments by A2022‑13
R47 12 Apr 2023	12 Apr 2023– 23 May 2023	A2023‑13	amendments by A2023‑13
R48 24 May 2023	24 May 2023– 29 Sept 2023	A2023-15	amendments by A2023-15
R49 30 Sept 2023	30 Sept 2023– 19 June 2024	A2023‑15	expiry of provisions (ch 12)
R50 20 June 2024	20 June 2024– 9 Oct 2025	A2024‑27	amendments by A2024‑27
R51 10 Oct 2025	10 Oct 2025– 15 Nov 2025	A2025‑27	amendments by A2025‑27

Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
Renumbered provisions
This Act was renumbered under the Legislation (Republication) Act 1996 in R4 (see Act 2000 No 17 sch 1). Details of renumbered provisions are shown in endnote 4 (Amendment history). For a table showing the renumbered provisions, see R6.