Evidence Act 1977 An Act to consolidate, amend and reform the law of evidence and to protect persons concerned in the commission of sexual offences from identification and for related purposes Long title amd 2024 No. 5 s 67 Part 1 Preliminary 1 Short title This Act may be cited as the Evidence Act 1977. s 1 amd 1995 No. 58 s 4 sch 1 2 Act binds Crown This Act binds the Crown not only in right of the State of Queensland but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities. s 2 prev s 2 amd 1989 No. 17 s 60 om 18 December 1992 RA s 36 pres s 2 (prev s 1(3)) renum 1995 No. 58 s 4 sch 1 2A Notes in text A note in the text of this Act is part of the Act. s 2A ins 2003 No. 55 s 53 3 Definitions The dictionary in schedule 3 defines particular words used in this Act. s 3 (prev s 5(1)) renum 1995 No. 58 s 4 sch 1 amd 2003 No. 55 s 54 (1), (4) Note—s 3 previously contained definitions for this Act. Definitions are now located in schedule 3 (Dictionary). 4 Meaning of copy of document etc. In this Act, any reference to a copy of a document includes—

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

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

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

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

and any reference to a copy of the material part of a document shall be construed accordingly. s 4 prev s 4 om 18 December 1992 RA s 38 (prev s 5(2)) renum 1995 No. 58 s 4 sch 1 amd 2003 No. 55 s 55 5 Meaning of document purporting to be of certain character etc. For the purposes of this Act a document, including any instrument or part of an instrument, purports—

(a) to be of a certain character; or

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

if the document expressly or impliedly represents that matter or a court can assume that matter from the contents of the document or otherwise. s 5 (prev s 5(3)) amd 1995 No. 58 s 4 sch 1 renum 1995 No. 58 s 4 sch 1 Part 2 Witnesses Division 1 Who may testify 6 Witnesses interested or convicted of offence No person shall be excluded from giving evidence in any proceeding on the ground—

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

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

7 Parties, their wives and husbands as witnesses (1) Each of the parties to a proceeding (not being a criminal proceeding) and a person on whose behalf such a proceeding is brought or defended is competent and compellable to give evidence on behalf of either or any of the parties to the proceeding. (2) The husband or wife of a party to a proceeding (not being a criminal proceeding) and the husband or wife of a person on whose behalf such a proceeding is brought or defended is competent and compellable to give evidence on behalf of either or any of the parties to the proceeding. (3) To remove any doubt, it is declared for subsections (1) and (2) that a party to a proceeding includes a person who is the subject of an inquiry, reference or examination. s 7 amd 2013 No. 35 s 80 8 Witnesses in a criminal proceeding (1) In a criminal proceeding, each person charged is competent to give evidence on behalf of the defence (whether that person is charged solely or jointly with any other person) but is not compellable to do so. (2) The husband or wife of an accused person in a criminal proceeding is competent and compellable to give evidence in the proceeding in any court, either for the prosecution or for the defence, and without the consent of the accused. (3) In a criminal proceeding, a husband or wife is competent and compellable to disclose communications made between the husband and the wife during the marriage. s 8 amd 2003 No. 55 s 56 Division 1A Competency of witnesses and capacity to be sworn pt 2 div 1A hdg ins 2003 No. 55 s 57 9 Presumption as to competency (1) Every person, including a child, is presumed to be—

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

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

(2) Subsection (1) is subject to this division. s 9 amd 1989 No. 17 s 61 sub 2000 No. 43 s 44; 2003 No. 55 s 57 9A Competency to give evidence (1) This section applies if, in a particular case, an issue is raised, by a party to the proceeding or the court, about the competency of a person called as a witness in the proceeding to give evidence. (2) The person is competent to give evidence in the proceeding if, in the court’s opinion, the person is able to give an intelligible account of events which he or she has observed or experienced. (3) Subsection (2) applies even though the evidence is not given on oath. s 9A ins 1989 No. 17 s 62 sub 2000 No. 43 s 44; 2003 No. 55 s 57 9B Competency to give sworn evidence (1) This section applies if, in a particular case, an issue is raised, by a party to the proceeding or the court, about the competency of a person called as a witness in the proceeding to give evidence on oath. (2) The person is competent to give evidence in the proceeding on oath if, in the court’s opinion, the person understands that—

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

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

(3) If the person is competent to give evidence in the proceeding but is not competent to give the evidence on oath, the court must explain to the person the duty of speaking the truth. Note— The Oaths Act 1867, section 17, makes provision for a person called as a witness to make his or her solemn affirmation instead of being sworn. s 9B ins 2003 No. 55 s 57 9C Expert evidence about witness’s ability to give evidence (1) This section applies to a proceeding if—

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

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

(2) Expert evidence is admissible in the proceeding about the person’s or child’s level of intelligence, including the person’s or child’s powers of perception, memory and expression, or another matter relevant to the person’s or child’s competence to give evidence, competence to give evidence on oath, or ability to give reliable evidence. s 9C ins 2003 No. 55 s 57 9D Evidence admitted under s 9A (1) Evidence admitted under section 9A that is written down as a deposition is taken to be a deposition for all purposes. (2) If evidence is admitted under section 9A—

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

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

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

s 9D ins 2003 No. 55 s 57 Division 1B Special provisions for child witnesses pt 2 div 1B hdg ins 2003 No. 55 s 57 9E Principles for dealing with a child witness (1) Because a child tends to be vulnerable in dealings with a person in authority, it is the Parliament’s intention that a child who is a witness in a proceeding should be given the benefit of special measures when giving the child’s evidence. (2) The following general principles apply when dealing with a child witness in a proceeding—

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

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

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

(3) In this section— child means a child under 16 years. s 9E ins 2003 No. 55 s 57 Division 2 Privileges and obligations of witnesses 10 Privilege against self-incrimination (1) Nothing in this Act shall render any person compellable to answer any question tending to criminate the person. (2) However, in a criminal proceeding where a person charged gives evidence, the person’s liability to answer any such question shall be governed by section 15. 11 s 11 om 2003 No. 55 s 58 12 Admissibility of evidence as to access by husband or wife Notwithstanding anything contained in any Act or any rule of law, neither the evidence of any person nor any statement made out of court by any person shall be inadmissible in any proceeding whatever by reason of the fact that it is tendered with the object of proving, or that it proves or tends to prove, that marital intercourse did or did not take place at any time or during any period between that person and a person who is or was the person’s wife or husband or that any child is or was, or is not or was not, their legitimate child. 13 Compellability of parties and witnesses as to evidence of adultery Notwithstanding anything in any Act or any rule of law, in any proceeding whatever—

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

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

on the ground solely that such answer or discovery would or might relate to, or would tend or might tend to establish, adultery by that party or that witness, or by any other person with that party or that witness, as the case may be. 14 Abolition of certain privileges (1) The following rules of law are hereby abrogated except in relation to criminal proceedings, that is to say—

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

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

(2) The rule of law whereby, in any civil proceeding, a party to the proceeding can not be compelled to produce any document relating solely to the party’s own case and in no way tending to impeach that case or support the case of any opposing party is hereby abrogated. Division 2A Sexual assault counselling privilege pt 2 div 2A hdg ins 2017 No. 8 s 7 Subdivision 1 Preliminary pt 2 div 2A sdiv 1 hdg ins 2017 No. 8 s 7 14A Meaning of protected counselling communication (1) A protected counselling communication is an oral or written communication made in confidence—

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

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

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

(2) However, a communication made to or by a health practitioner about a physical examination of the counselled person conducted in the course of an investigation into an alleged sexual assault offence is not a protected counselling communication. (3) For subsection (1) it does not matter whether the communication was made—

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

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

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

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

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

(5) In this section— health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession. s 14A ins 2017 No. 8 s 7 14B Other definitions for division In this division— counsel a person means—

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

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

counselled person means a person who—

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

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

counsellor means a person who—

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

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

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

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

(b) the prosecutor;

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

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

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

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

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

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

religious representative means a person who—

(a) is a member of—

(i) an organised religion; or

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

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

sexual assault offence means—

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

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

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

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

(i) in Queensland; or

(ii) after the offence provision commenced; or

s 14B ins 2017 No. 8 s 7 amd 2018 No. 23 s 27; 2020 No. 32 s 41; 2024 No. 5 s 102 sch 1 div 4 (amd 2024 No. 23 s 18F) Subdivision 2 Committal and bail proceedings pt 2 div 2A sdiv 2 hdg ins 2017 No. 8 s 7 14C Application of subdivision This subdivision applies to—

(a) a committal proceeding; or

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

s 14C ins 2017 No. 8 s 7 14D Sexual assault counselling privilege A person can not do any of the following things in connection with the proceeding—

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

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

s 14D ins 2017 No. 8 s 7 Subdivision 3 Other proceedings pt 2 div 2A sdiv 3 hdg ins 2017 No. 8 s 7 14E Application of subdivision This subdivision applies to a proceeding—

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

(b) relating to a domestic violence order.

s 14E ins 2017 No. 8 s 7 amd 2023 No. 1 s 97 sch 1 pt 2 14F Sexual assault counselling privilege A person can not do any of the following things in connection with the proceeding, other than with the leave of the court hearing the proceeding—

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

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

s 14F ins 2017 No. 8 s 7 14G Application for leave (1) A party to the proceeding may apply for leave of the court under this subdivision. (2) As soon as reasonably practicable after the application is made, the applicant must give the following persons a notice complying with subsection (3)—

(a) each other party to the proceeding;

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

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

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

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

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

(4) If the counselled person to whom the protected counselling communication relates is not a party to the proceeding, the prosecutor must, as soon as practicable after a notice is given under subsection (2), give the counselled person a copy of the notice. (5) The court can not decide the application until at least 14 days after subsection (2) is complied with. (6) However, the court may waive the requirement to comply with subsection (2) if, in relation to the proceeding—

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

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

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

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

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

(a) in writing; or

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

s 14G ins 2017 No. 8 s 7 14H Deciding whether to grant leave (1) The court can not grant an application for leave under this subdivision unless the court is satisfied that—

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

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

(i) preserving the confidentiality of the communication; and

(ii) protecting the counselled person from harm.

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

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

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

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

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

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

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

(h) any other matter the court considers relevant.

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

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

(b) consider the protected counselling communication;

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

(2B) If the protected counselling communication is produced to the court under subsection (2A), the court must not disclose it, or make it available to a party to the proceeding, before deciding the application. (3) Also, for deciding the application, the court may consider a written or oral statement made to the court by the counselled person outlining the harm the person is likely to suffer if the application is granted. (4) If an oral statement is made by the counselled person under subsection (3), while the statement is being made the court must exclude from the room in which the court is sitting—

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

(b) an essential person, if—

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

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

(5) The court must not disclose, or make available to a party to the proceeding, a statement made to the court under subsection (3). (6) The court must state its reasons for granting or refusing to grant the application. (7) If the proceeding is a trial by jury, the court must hear and decide the application in the absence of the jury. (8) In this section— harm includes physical, emotional or psychological harm, financial loss, stress or shock, and damage to reputation. s 14H ins 2017 No. 8 s 7 amd 2024 No. 3 s 26B Subdivision 4 Waiver or loss of privilege pt 2 div 2A sdiv 4 hdg ins 2017 No. 8 s 7 14I Waiver of privilege by counselled person (1) This section applies, in relation to a proceeding to which subdivision 2 or 3 applies, if a document or evidence is a protected counselling communication. (2) This division does not prevent the document being produced, or the evidence being adduced, if the counselled person to whom the protected counselling communication relates—

(a) is 16 years or more; and

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

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

(a) expressly state the counselled person—

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

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

(b) be given—

(i) in writing; or

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

(4) To remove any doubt, it is declared that subsection (3)(b) does not require the office of the director of public prosecutions to give the counselled person legal advice. (5) In this section— impaired capacity see the Guardianship and Administration Act 2000, schedule 4. s 14I ins 2017 No. 8 s 7 14J Loss of privilege if communication made in commission of offence This division does not apply to a document or evidence that is a protected counselling communication if the communication was made in the commission of an offence. s 14J ins 2017 No. 8 s 7 Subdivision 5 General provisions pt 2 div 2A sdiv 5 hdg ins 2017 No. 8 s 7 14K Court to inform of rights (1) This section applies in relation to a proceeding to which subdivision 2 or 3 applies if it appears to the court a person may have grounds for—

(a) applying for leave under subdivision 3; or

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

(2) The court must satisfy itself the person is aware of the relevant provisions of this division and has had an opportunity to seek legal advice. (3) If the proceeding is a trial by jury, the court must satisfy itself of the matter under subsection (2) in the absence of the jury. (4) To remove any doubt, it is declared that subsection (2) does not require the office of the director of public prosecutions to give the person legal advice. s 14K ins 2017 No. 8 s 7 14L Standing of counsellor and counselled person (1) This section applies if—

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

(b) the court is deciding—

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

(ii) an application for leave under subdivision 3.

(2) The counselled person or counsellor may appear in the proceeding, including any appeal. s 14L ins 2017 No. 8 s 7 amd 2023 No. 1 s 58 14M Deciding whether document or evidence is protected counselling communication (1) This section applies if a question arises under this division in relation to a proceeding to which subdivision 2 or 3 applies. (2) The court may consider a document or evidence to decide whether it is a protected counselling communication. (3) While the court is considering the document or evidence, the court must exclude from the room in which it is sitting—

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

(b) an essential person, if—

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

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

(4) The court may make any other order it thinks fit to facilitate its consideration of the document or evidence. (5) This section applies despite sections 14D and 14F. s 14M ins 2017 No. 8 s 7 14N Ancillary orders (1) A court may make any order it considers appropriate to limit the extent of the harm likely to be caused to the counselled person by the production of a document, or the adducing of evidence, that is a protected counselling communication relating to the person. Example— an order that all or part of the evidence be heard, or the document produced, in camera (2) In this section— harm see section 14H. s 14N ins 2017 No. 8 s 7 14O Application of division despite Justices Act 1886 To the extent of an inconsistency, this division applies despite a provision of the Justices Act 1886. s 14O ins 2017 No. 8 s 7 14P Application of privilege in civil proceedings (1) This section applies if, in a proceeding to which subdivision 2 or 3 applies, a protected counselling communication is privileged under this division. Note— A protected counselling communication is not privileged under this division if—

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

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

(2) A person can not produce a document containing, or adduce evidence of, the protected counselling communication in a civil proceeding arising from the act or omission to which the proceeding mentioned in subsection (1) relates. s 14P ins 2017 No. 8 s 7 Division 2B Journalist privilege pt 2 div 2B hdg ins 2022 No. 12 s 33 Subdivision 1 Preliminary pt 2 div 2B sdiv 1 hdg ins 2022 No. 12 s 33 14Q Application of division (1) This division applies if—

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

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

(2) To remove any doubt, it is declared that this division does not prevent a person from disclosing the informant’s identity as the source of the provided information. s 14Q ins 2022 No. 12 s 33 14R Who is a journalist (1) A person is a journalist if the person is engaged and active in—

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

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

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

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

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

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

(d) any other matter the court considers relevant.

s 14R ins 2022 No. 12 s 33 14S Meaning of relevant proceeding (1) In this division, a proceeding is a relevant proceeding if the court hearing the proceeding is a court of record. (2) However, a proceeding under the Crime and Corruption Act 2001 is not a relevant proceeding. (3) To remove any doubt, it is declared that a proceeding is a relevant proceeding whether or not the court hearing the proceeding is bound by the rules of evidence for the proceeding. s 14S ins 2022 No. 12 s 33 14T Definitions for division In this division— authorised officer see section 14ZC. disclosure requirement—

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

(i) a summons or subpoena; or

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

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

(iv) an interrogatory; or

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

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

informant see section 14Q(1)(a). journalist see section 14R(1). news medium means a medium for the dissemination of news and observations on news to the public or a section of the public. provided information see section 14Q(1)(a). relevant person, for a journalist, means—

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

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

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

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

relevant proceeding see section 14S(1). s 14T ins 2022 No. 12 s 33 Subdivision 2 Relevant proceedings pt 2 div 2B sdiv 2 hdg ins 2022 No. 12 s 33 14U Application of subdivision This subdivision applies in relation to a relevant proceeding. s 14U ins 2022 No. 12 s 33 14V Journalist privilege relating to identity of informants (1) Despite any other Act, the journalist or a relevant person for the journalist can not be compelled, in relation to the relevant proceeding, to give evidence or comply with a disclosure requirement if giving the evidence or complying with the requirement would—

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

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

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

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

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

s 14V ins 2022 No. 12 s 33 14W Claims of journalist privilege at hearings of relevant proceedings (1) This section applies if—

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

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

(2) The court hearing the relevant proceeding must decide whether the claim is established. (3) The journalist or relevant person for the journalist has the onus of proving the claim is established on the balance of probabilities. (4) If the relevant proceeding is a trial by jury, the court must hear and decide the claim in the absence of the jury. (5) In hearing the claim, the court may order that all persons other than those specified by the court be excluded from the room in which the court is sitting. (6) However, if the relevant proceeding is a criminal proceeding, the court must not exclude the accused person from the room. s 14W ins 2022 No. 12 s 33 14X Applications for orders requiring giving of evidence despite journalist privilege (1) If the court decides, under section 14W, the claim is established, a party to the relevant proceeding may apply to the court for an order that the journalist or relevant person for the journalist must give the evidence despite section 14V. (2) The applicant has the onus of proving each of the grounds of the application on the balance of probabilities. (3) If the relevant proceeding is a trial by jury, the court must hear and decide the application in the absence of the jury. (4) In hearing the application, the court may order that all persons other than those specified by the court be excluded from the room in which the court is sitting. (5) However, if the relevant proceeding is a criminal proceeding, the court must not exclude the accused person from the room. s 14X ins 2022 No. 12 s 33 14Y Deciding applications under s 14X (1) If an application is made under section 14X(1), the court may make the order if satisfied that, having regard to the issues to be determined in the relevant proceeding, the public interest in disclosing the informant’s identity outweighs—

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

(b) the public interest in—

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

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

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

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

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

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

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

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

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

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

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

(i) verified the information; or

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

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

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

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

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

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

(l) any other matter the court considers relevant.

(3) Also, the court may consider a written or oral statement made by the informant to the court about the matter mentioned in subsection (1)(a). (4) The court must state its reasons for making or refusing to make the order. (5) The order may be subject to the terms and conditions the court considers appropriate. s 14Y ins 2022 No. 12 s 33 14Z Objections to disclosure requirements on grounds of journalist privilege (1) This section applies if—

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

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

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

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

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

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

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

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

(4) In hearing the objection, the court may order that all persons other than those specified by the court be excluded from the room in which the court is sitting. (5) However, if the relevant proceeding is a criminal proceeding, the court must not exclude the accused person from the room. (6) If the court decides the objection is not established, the journalist or relevant person for the journalist must comply with the disclosure requirement. s 14Z ins 2022 No. 12 s 33 14ZA Other orders court may make (1) This section applies in relation to a relevant proceeding if—

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

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

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

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

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

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

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

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

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

(b) cause harm or detriment to a person.

s 14ZA ins 2022 No. 12 s 33 14ZB Court to inform of particular rights (1) This section applies if it appears to the court hearing a relevant proceeding that a person may have grounds for—

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

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

(2) The court must satisfy itself that the person is aware of the relevant provisions of this subdivision and has had an opportunity to seek legal advice. (3) If the proceeding is a trial by jury, the court must satisfy itself of the matter under subsection (2) in the absence of the jury. s 14ZB ins 2022 No. 12 s 33 Subdivision 3 Search warrants pt 2 div 2B sdiv 3 hdg ins 2022 No. 12 s 33 14ZC Application of subdivision This subdivision applies if a warrant is issued that authorises a person (an authorised officer) to enter and search a place or search another person and, during the search—

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

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

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

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

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

s 14ZC ins 2022 No. 12 s 33 14ZD Procedures if objections made (1) The authorised officer may ask the journalist or relevant person for the journalist to agree to the document or thing being immediately sealed in a container, or stored in another secure way, specified by the officer and held by the officer for safekeeping. (2) If the authorised officer makes a request under subsection (1), the officer must tell the journalist or relevant person for the journalist—

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

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

(3) If the journalist or relevant person for the journalist does not agree as mentioned in subsection (1), the authorised officer may deal with the document or thing in a way authorised under the warrant. (4) Subsections (5) and (6) apply if the journalist or relevant person for the journalist agrees as mentioned in subsection (1). (5) If an application is made to the Supreme Court under section 14ZE(2) in relation to the sealed or stored document or thing, the authorised officer must ensure the sealed or stored document or thing is given to the registrar of the Supreme Court for safekeeping until the application is decided. (6) If an application is not made to the Supreme Court under section 14ZE(2) in relation to the sealed or stored document or thing—

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

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

s 14ZD ins 2022 No. 12 s 33 14ZE Applications to Supreme Court in relation to objections (1) This section applies if the journalist or relevant person for the journalist agrees as mentioned in section 14ZD(1). (2) The following persons may apply to the Supreme Court to decide whether the sealed or stored document or thing may be dealt with in a way authorised under the warrant—

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

(b) the authorised officer;

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

(d) another person prescribed by regulation.

(3) The application must be made within 7 days after the day the request under section 14ZD(1) is made. (4) In hearing the application, the court may order that all persons other than those specified by the court be excluded from the room in which the court is sitting. s 14ZE ins 2022 No. 12 s 33 14ZF Decisions on applications (1) If an application is made under section 14ZE(2)—

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

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

(2) Subsection (3) applies if the court decides the grounds for the objection are established. (3) The court may decide the sealed or stored document or thing may be dealt with in a way authorised under the warrant despite the objection if satisfied the public interest in disclosing the informant’s identity outweighs the matters mentioned in section 14Y(1)(a) and (b). (3A) A person mentioned in section 14ZE(2)(b), (c) or (d), who is a party to the application, has the onus of proving, on the balance of probabilities, that the public interest in disclosing the informant’s identity outweighs the matters mentioned in section 14Y(1)(a) and (b). (4) In making the decision under subsection (3), the court may have regard to the following matters—

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

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

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

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

(5) Also, the court may consider a written or oral statement made by the informant to the court about the matter mentioned in section 14Y(1)(a). (6) The court must state the reasons for its decision under subsection (3). s 14ZF ins 2022 No. 12 s 33 14ZG Other orders court may make (1) The court may make the following orders in relation to the application—

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

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

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

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

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

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

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

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

s 14ZG ins 2022 No. 12 s 33 Division 3 Examination and cross-examination of witnesses 15 Questioning a person charged in a criminal proceeding (1) Where in a criminal proceeding a person charged gives evidence, the person shall not be entitled to refuse to answer a question or produce a document or thing on the ground that to do so would tend to prove the commission by the person of the offence with which the person is there charged. (2) Where in a criminal proceeding a person charged gives evidence, the person shall not be asked, and if asked shall not be required to answer, any question tending to show that the person has committed or been convicted of or been charged with any offence other than that with which the person is there charged, or is of bad character, unless—

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

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

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

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

(3) A question of a kind mentioned in subsection (2)(a), (b) or (c) may be asked only with the court’s permission. (4) If the proceeding is a trial by jury, an application for the court’s permission under subsection (3) must be made in the absence of the jury. s 15 amd 2000 No. 58 s 2 sch 15A Questioning of witness as to certain convictions A witness in any criminal or civil proceeding shall not be asked and if asked shall not be required to answer any question tending to show that the witness has committed or been convicted of or been charged with any offence if, where the witness has been convicted of the offence—

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

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

unless the permission of the court to ask the question has first been obtained, such permission to be applied for in a trial by jury in the absence of the jury. s 15A ins 1986 No. 20 s 14 (1) 16 Witness may be questioned as to previous conviction Subject to this Act, a witness may be questioned as to whether the witness has been convicted of any indictable or other offence and upon being so questioned, if the witness either denies the fact or refuses to answer, it shall be lawful for the party so questioning to prove such conviction. 17 How far a party may discredit the party’s own witness (1) A party producing a witness shall not be allowed to impeach the credit of the witness by general evidence of bad character but may contradict the witness by other evidence, or (in case the witness in the opinion of the court proves adverse) may by leave of the court prove that the witness has made at other times a statement inconsistent with the present testimony of the witness. (2) However, before such last mentioned proof can be given, the circumstances of the supposed statement sufficient to designate the particular occasion must be mentioned to the witness and the witness must be asked whether or not the witness has made such statement. 18 Proof of previous inconsistent statement of witness (1) If a witness upon cross-examination as to a former statement made by the witness relative to the subject matter of the proceeding and inconsistent with the present testimony of the witness does not distinctly admit that the witness has made such statement, proof may be given that the witness did in fact make it. (2) However, before such proof can be given, the circumstances of the supposed statement sufficient to designate the particular occasion must be mentioned to the witness and the witness must be asked whether or not the witness has made such statement. 19 Witness may be cross-examined as to written statement without being shown it (1) A witness may be cross-examined as to a previous statement made by the witness in writing or reduced into writing relative to the subject matter of the proceeding without such writing being shown to the witness. (1A) However, if it is intended to contradict the witness by the writing the attention of the witness must, before such contradictory proof can be given, be called to those parts of the writing which are to be used for the purpose of so contradicting the witness. (2) A court may at any time during the hearing of a proceeding direct that the writing containing a statement referred to in subsection (1) be produced to the court and the court may make such use in the proceeding of the writing as the court thinks fit. 20 Cross-examination as to credit (1) The court may disallow a question as to credit put to a witness in cross-examination, or inform the witness the question need not be answered, if the court considers an admission of the question’s truth would not materially impair confidence in the reliability of the witness’s evidence. (2) In this section— question as to credit, for a witness, means a question that is not relevant to the proceeding except that an admission of the question’s truth may affect the witness’s credit by injuring the witness’s character. s 20 sub 2000 No. 43 s 45 20A Improper questions (1) The court must disallow a question put to a witness in cross-examination or inform a witness a question need not be answered, if the court considers the question is an improper question. (2) For subsection (1), an improper question includes a question that—

(a) is misleading or confusing; or

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

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

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

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

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

(i) the nature of the proceeding; and

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

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

(4) Subsection (3) does not limit the matters the court may take into account in deciding whether a question is an improper question. (5) A question is not an improper question merely because—

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

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

(6) A party may object to a question put to a witness on the ground that it is an improper question. (7) However, the duty imposed on the court by this section applies whether or not an objection is raised to a particular question. (8) A failure by the court to disallow a question under this section, or to inform the witness that it need not be answered, does not affect the admissibility in evidence of any answer given by the witness in response to the question. s 20A (prev s 21) sub 2000 No. 43 s 45; 2024 No. 5 s 56 renum 2024 No. 48 s 14 Division 4 Evidence of special witnesses pt 2 div 4 hdg ins 1989 No. 17 s 63 20B Definitions for division In this division— criminal organisation see the Penalties and Sentences Act 1992, section 161O. domestic violence see the Domestic and Family Violence Protection Act 2012, section 8. participant, in a criminal organisation, see the Penalties and Sentences Act 1992, section 161P. party includes a person who is present in court and is a member, a representative (other than a legal representative) or a nominee of an organisation that is a party to the proceeding. relevant matter, for a person, means the person’s age, education, level of understanding, cultural background or relationship to any party to the proceeding, the nature of the subject matter of the evidence, or another matter the court considers relevant. relevant proceeding means a criminal proceeding relating wholly or partly to—

(a) a sexual offence; or

(b) a domestic violence offence.

serious criminal offence means—

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

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

special witness see section 21. s 20B ins 2024 No. 48 s 15 21 Meaning of special witness (1) In this division— special witness means—

(a) a child under 16 years; or

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

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

(i) suffer severe emotional trauma; or

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

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

(e) a person—

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

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

(f) a person—

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

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

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

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

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

s 21 ins 2024 No. 48 s 15 21A Evidence of special witnesses (1) This section applies if a special witness is to give or is giving evidence in any proceeding. (1A) This section does not apply to a child to the extent division 4A applies to the child. (2) The court may, of its own motion or upon application made by a party to the proceeding, make or give 1 or more of the following orders or directions—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(3A) A party to a proceeding who seeks to apply under subsection (2) or (3) for an order or direction must give reasonable notice to each other party of their intention to apply. (4) Subject to any order made pursuant to subsection (5), in any criminal proceeding, including a relevant proceeding, an order shall not be made pursuant to subsection (2)(a), (b) or (c) excluding the person charged from the room in which a special witness is giving evidence unless provision is made, by means of an electronic device or otherwise, for that person to see and hear the special witness while the special witness is giving evidence. (5AA) An order must not be made under subsection (2)(b) or (c) or (5) excluding from the room in which a special witness is giving evidence an intermediary under division 4C for the witness. (5) Where the making of a videorecording of the evidence of a special witness is ordered pursuant to subsection (2)(e), the court may further order that all persons other than those specified by the court be excluded from the room in which the special witness is giving that evidence. (5A) However, any person entitled in the proceeding to examine or cross-examine the special witness shall be given reasonable opportunity to view any portion of the videorecording of the evidence relevant to the conduct of that examination or cross-examination. (6) A videorecording made under this section of evidence given by a special witness, or a lawfully edited copy of the videorecording—

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

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

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

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

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

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

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

(a) the videorecording is a digital recording; and

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

(i) the principal registrar of a court; or

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

(7) The room in which a special witness gives evidence pursuant to an order made pursuant to subsection (2)(c) or (e) shall be deemed to be part of the court in which the proceeding is being held. (8) If evidence is given or presented, or to be given or presented, in a proceeding on indictment under an order or direction under subsection (2)(a) to (e) or section 21AAA(2), the judge presiding at the proceeding must instruct the jury that—

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

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

(9) To remove any doubt, it is declared that the court may make any other order it thinks fit to facilitate an order or direction under subsection (2)(a)(ii), (c), (d), or (e) made pursuant to an application under subsection (3). s 21A ins 1989 No. 17 s 63 amd 1995 No. 58 s 4 sch 1; 2000 No. 43 s 46; 2003 No. 55 s 59; 2009 No. 53 s 153; 2015 No. 17 s 11; 2016 No. 62 s 173; 2017 No. 6 s 30; 2017 No. 8 s 8; 2018 No. 23 s 28; 2020 No. 15 s 75; 2020 No. 32 s 42; 2024 No. 5 s 68; 2024 No. 48 ss 16, 18 21AAA Exclusion of particular persons while particular evidence is presented (1) This section applies if the evidence of a special witness contained in any of the following is to be presented at a proceeding—

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

(b) the usable soundtrack of a videorecording, or a lawfully edited copy of a videorecording, mentioned in paragraph (a), or a lawfully edited copy of the usable soundtrack; Note— See part 2, division 4AA in relation to the use of soundtracks from particular recordings.

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

(2) The court may, on its own initiative or on an application made by a party to the proceeding, order that, while the evidence is being presented at the proceeding, all persons other than those specified by the court be excluded from the room in which it is sitting. Note— See also section 21A(8) for the instructions that must be given to a jury if an order is made under this subsection. (3) However, if the evidence is to be presented at a criminal proceeding, the court may not, under subsection (2), exclude the person charged. Notes—

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

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

s 21AAA ins 2017 No. 6 s 31 amd 2020 No. 15 s 76; 2022 No. 12 s 34 21AAB Directions hearings (1) This section applies to a relevant proceeding. (2) The court may, on its own initiative or on the application of a party to the proceeding, direct that—

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

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

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

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

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

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

(a) the manner of questioning the witness;

(b) the duration of questioning the witness;

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

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

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

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

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

(a) section 21A(2) or (3); or

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

(6) This section does not apply to the extent division 4C, subdivision 3 applies. s 21AAB ins 2024 No. 48 s 20 21AAC Special witness evidence to be videorecorded (1) This section applies to the evidence of a special witness in a trial in a criminal proceeding relating wholly or partly to a sexual offence, other than the person charged. (2) The court must direct that a videorecording of the evidence of a special witness be made if—

(a) a special witness is giving evidence; and

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

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

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

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

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

(a) the principal registrar of a court; or

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

(5) Subsection (2) applies regardless of whether an order or direction is also made under section 21A(2)(e). s 21AAC ins 2024 No. 48 s 22 21AAD Recall of a special witness (1) This section applies if a videorecording of the evidence of a special witness is admitted in a proceeding under section 21AAC(3). (2) This admission of the videorecording does not prevent a party to the proceeding applying to the court for the special witness to attend the proceeding to give further evidence. (3) However, the court must not make an order for the special witness to give further evidence or reappear unless the court is satisfied that—

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

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

s 21AAD ins 2024 No. 48 s 22 Division 4A Evidence of affected children pt 2 div 4A hdg ins 2003 No. 55 s 60 Subdivision 1 Preliminary pt 2 div 4A sdiv 1 hdg ins 2003 No. 55 s 60 21AA Purposes of div 4A The purposes of this division are—

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

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

s 21AA ins 2003 No. 55 s 60 21AB How purposes are to be achieved To achieve the purposes of this division, the division prescribes the following measures for an affected child when giving evidence for a relevant proceeding—

(a) for a criminal proceeding—

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

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

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

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

s 21AB ins 2003 No. 55 s 60 21AC Definitions for div 4A In this division— affected child means a child who is a witness in a relevant proceeding and who is not a defendant in the proceeding. child see section 21AD. civil proceeding arising from the commission of a relevant offence does not include a proceeding for a domestic violence order under the Domestic and Family Violence Protection Act 2012. s 21AC def civil proceeding arising from the commission of a relevant offence amd 2012 No. 5 s 220 counsel includes solicitor. cultural recognition order see the Meriba Omasker Kaziw Kazipa (Torres Strait Islander Traditional Child Rearing Practice) Act 2020, schedule 1. s 21AC def cultural recognition order ins 2020 No. 33 s 134(1) defendant means—

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

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

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

• a provision of chapter 28 or 28A

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

• a provision of chapter 29A

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

• a provision of chapter 33A

• sections 363, 363A and 364.

s 21AC def offence involving violence amd 2008 No. 55 s 150 sch; 2014 No. 42 s 26B; 2018 No. 23 s 29 (1); 2024 No. 5 s 74 offence of a sexual nature means an offence against any of the following provisions of the Criminal Code—

• a provision of chapter 22

• a provision of chapter 32.

s 21AC def offence of a sexual nature amd 2018 No. 23 s 29 (2) parentage order relationship means a relationship arising because of—

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

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

s 21AC def parentage order relationship ins 2010 No. 2 s 95 (1) preliminary hearing means a hearing under section 21AK. prescribed relationship, between a child who is a witness in a proceeding and a defendant in the proceeding, means any of the following—

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

(i) a parent of the child; or

(ii) a grandparent of the child; or

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

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

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

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

s 21AC def prescribed relationship amd 2010 No. 2 s 95 (2); 2020 No. 33 s 134(2) proceeding means any civil or criminal proceeding, including a preliminary hearing. relevant offence, in relation to a proceeding, means—

(a) an offence of a sexual nature; or

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

relevant proceeding means—

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

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

step relationship includes a relationship corresponding to a step relationship arising because of cohabitation in a de facto relationship or because of a foster relationship or a legal arrangement. s 21AC ins 2003 No. 55 s 60 21AD Meaning of child (1) For the purposes of a proceeding for this division, a child is—

(a) if the proceeding is a criminal proceeding—

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

(A) the defendant in the proceeding is arrested;

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

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

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

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

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

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

(2) An individual remains a child for the purposes of giving evidence for a proceeding if the child gives evidence for the proceeding at any time before the child turns 18 years. s 21AD ins 2003 No. 55 s 60 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86) Subdivision 2 Committal proceeding pt 2 div 4A sdiv 2 hdg ins 2003 No. 55 s 60 21AE Application of sdiv 2 This subdivision applies to the taking of an affected child’s evidence for a committal proceeding for a relevant offence, whether or not the committal proceeding also relates to other offences. s 21AE ins 2003 No. 55 s 60 21AF Evidence-in-chief (1) The affected child’s evidence-in-chief must be given as a statement without the child being called as a witness. (2) For this section, the Justices Act 1886, section 110A applies with all necessary changes and as though a reference in that section to a written statement included a reference to a statement contained in a document as defined under schedule 3. (3) Also, for the purposes of applying the Justices Act 1886, section 110A, that section is to be read with the following changes—

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

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

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

(ii) in subsection (13)—

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

(B) paragraph (a) were omitted.

(4) Further, for the purposes of applying the Justices Act 1886, section 111, that section applies with all necessary changes and is to be read as though, in subsections (1) and (2), the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place. (5) In addition, for the purposes of applying the Criminal Law Amendment Act 1892, section 4, that section applies with all necessary changes and is to be read as though—

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

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

(6) In this section— statement means—

(a) a written statement; or

(b) a statement contained in a document.

s 21AF ins 2003 No. 55 s 60 amd 2010 No. 26 s 66 21AG Cross-examination (1) The affected child may be cross-examined only if, under this section, a magistrate requires a party to call the child as a witness for that purpose. (2) The requirement may be made, on an application, by—

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

(b) the magistrate presiding at the committal proceeding.

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

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

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

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

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

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

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

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

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

(b) the party making the application has—

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

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

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

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

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

(a) must consider whether—

(i) the prosecution case is adequately disclosed; and

(ii) the charge is adequately particularised; and

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

(6) The magistrate must give reasons for the magistrate’s decision on the application. (7) If, under this section, the magistrate requires a party to call the child as a witness for cross-examination—

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

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

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

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

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

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

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

(9) In this section— local court means—

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

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

magistrate, presiding at a committal proceeding, includes justices presiding at the proceeding. s 21AG ins 2003 No. 55 s 60 amd 2017 No. 6 s 75 sch 1 21AH Limitation on cross-examination (1) If the affected child is to be cross-examined, the party calling the child may first ask the child questions for identifying the child and establishing that the child made the statement mentioned in section 21AF and the truthfulness of the statement. (2) The presiding magistrate or justices must not allow the child to be cross-examined about an issue other than the issue in relation to which the child was required to be called unless the magistrate or justices are satisfied as mentioned in section 21AG(3)(a) and (b) or section 21AG(4)(a) to (c), whichever is relevant, in relation to the issue. (3) Also, the presiding magistrate or justices—

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

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

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

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

(4) The child may be re-examined by the party calling the child. s 21AH ins 2003 No. 55 s 60 Subdivision 3 Prerecording of affected child’s evidence pt 2 div 4A sdiv 3 hdg ins 2003 No. 55 s 60 21AI Application of sdiv 3 (1) This subdivision applies to taking an affected child’s evidence—

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

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

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

(2) However, this subdivision does not apply to an affected child who is a witness for the defence. (3) Subsection (1) applies to a proceeding whether or not the proceeding also relates to offences other than the relevant offence. s 21AI ins 2003 No. 55 s 60 21AJ Presentation of indictment If the affected child’s evidence is to be taken for a trial on indictment, the indictment must be presented before the evidence can be taken under this subdivision. s 21AJ ins 2003 No. 55 s 60 21AK Videorecording of affected child’s evidence (1) The affected child’s evidence must be taken and videorecorded at a hearing under this section (a preliminary hearing) presided over by a judicial officer. Note— See section 21AO for when a court may order that an affected child’s evidence not be taken and videorecorded under this subdivision. (2) The videorecording must be presented—

(a) if taken for a committal proceeding—to the court at the committal proceeding; or

(b) if taken for a trial—to the court at the trial.

(3) To facilitate the operation of this section for the taking of the child’s evidence in a proceeding, the judicial officer may order that the preliminary hearing be conducted by audio visual link. (4) The provisions of part 3A relating to the use of an audio visual link in criminal proceedings apply for, and are not limited by, subsection (3). (5) To facilitate the operation of this section for a trial, the judicial officer must, if it is not practicable at the place of the trial to take and videorecord the child’s evidence—

(a) adjourn the trial to an appropriately equipped place to allow the evidence to be taken and videorecorded; or

(b) make another order the judicial officer considers appropriate including, for example, an order that the preliminary hearing be conducted by audio visual link.

(6) If the taking and videorecording of the child’s evidence is done at a place that is not a courtroom, the place is taken to be a courtroom for all purposes for the preliminary hearing. (7) It does not matter whether or not the judicial officer presiding and the counsel appearing at the preliminary hearing are the same judicial officer presiding and counsel appearing at an adjourned preliminary hearing or at the proceeding in which the videorecording is presented to the court. (8) Also, it does not matter if, while the preliminary hearing is conducted, the judicial officer, counsel, parties and witnesses are at different places. Example— To facilitate the taking and videorecording of the affected child’s evidence, the judicial officer directs that the child give the evidence by audio visual link. The preliminary hearing is conducted while the judicial officer, counsel and defendant are in a courtroom in a particular city and the child is in a room in another city connected to the courtroom through the audio visual link. (9) In this section— appropriately equipped place, for the taking and videorecording of an affected child’s evidence, means a court, or another place that is not a court, that—

(a) is equipped to take and videorecord the child’s evidence; and

(b) allows the defendant to see and hear the child while the child is giving evidence, for example, through an audio visual link.

evidence means evidence-in-chief or evidence given in cross-examination or re-examination. s 21AK ins 2003 No. 55 s 60 amd 2017 No. 6 s 75 sch 1 21AL Court to give directions for taking an affected child’s evidence (1) The judicial officer presiding at the preliminary hearing may make any order the judicial officer considers appropriate in relation to taking and videorecording the affected child’s evidence. (2) Without limiting subsection (1), the judicial officer may give directions, with or without conditions, as to the conduct of the preliminary hearing, including directions as to—

(a) whether the child is to be in the courtroom or a separate room when the child’s evidence is being taken; and

(b) the persons who may be present in the same room as the child when the child’s evidence is being taken.

(3) Subsection (2)(b) is subject to section 21AU. Note— Section 21AU makes provision about the exclusion of persons while an affected child witness is giving evidence in relation to a relevant offence. (4) At the preliminary hearing—

(a) the defendant—

(i) must not be in the same room as the child when the child’s evidence is being taken; but

(ii) must be capable of seeing and hearing the child while the child is giving evidence; and

(b) subject to the judicial officer’s control, the child is to give his or her evidence-in-chief and be cross-examined and re-examined; and

(5) The judicial officer may adjourn the hearing from time to time until the taking and videorecording of the child’s evidence is complete. s 21AL ins 2003 No. 55 s 60 amd 2017 No. 6 s 75 sch 1 21AM Use of prerecorded evidence (1) The affected child’s evidence contained in a videorecording made under this subdivision for a proceeding, or in a lawfully edited copy of the videorecording—

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

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

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

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

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

(2) The admissibility of the evidence for a proceeding is not affected only because the child turns 18 before the evidence is presented at the proceeding. (3) A reference in subsection (1) to a videorecording made under this subdivision for a proceeding includes a reference to a copy of the videorecording on a separate data storage medium if—

(a) the videorecording is a digital recording; and

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

(i) the principal registrar of a court; or

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

s 21AM ins 2003 No. 55 s 60 amd 2010 No. 42 s 48; 2017 No. 6 s 32 21AN Giving of further evidence (1) This section applies if the affected child has given evidence under this subdivision for a proceeding and has been excused from further attendance as a witness at the proceeding. (2) A party may apply to the court for an order that the child—

(a) give further evidence under this subdivision at another preliminary hearing; or

(b) attend at the proceeding to give further evidence.

(3) The court must not make the order unless satisfied that—

(a) if the child were giving evidence before a court in the ordinary way, the child could be recalled to give further evidence; and

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

(4) The court must not make an order that the child attend at the proceeding to give further evidence unless satisfied it is not possible or not practical for the child to give the further evidence at another preliminary hearing. s 21AN ins 2003 No. 55 s 60 21AO Court order that evidence not to be taken and recorded under this sdiv (1) This section applies if an affected child is to give evidence in a criminal proceeding, other than a committal proceeding, for a relevant offence. (2) A party may apply to the court for an order that the child’s evidence not be taken and videorecorded under this subdivision. (3) The court may make the order for good reason, having regard to the child’s wishes and the purposes of this division. Example— If a courtroom or other place with facilities to take and videorecord the affected child’s evidence is not likely to be available within a reasonable time, the court may decide the child’s interests are better served by dealing with the proceeding quickly rather than waiting for a courtroom or other place with the necessary facilities to become available. s 21AO ins 2003 No. 55 s 60 amd 2017 No. 6 s 75 sch 1 Subdivision 4 Taking of affected child’s evidence using audio visual link or screen pt 2 div 4A sdiv 4 hdg ins 2003 No. 55 s 60 21AP Application of sdiv 4 (1) This subdivision applies to taking an affected child’s evidence—

(a) for a summary trial for a relevant offence, if the evidence is not taken under subdivision 3; or

(b) for a trial on indictment for a relevant offence, if the evidence is not taken under subdivision 3; or

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

(d) for summary trial, trial on indictment or committal proceeding for a relevant offence, if the child is ordered under section 21AN to attend at the proceeding to give further evidence; or

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

(2) Subsection (1) applies to a proceeding whether or not the proceeding also relates to offences other than the relevant offence. s 21AP ins 2003 No. 55 s 60 21AQ Audio visual links or screening arrangements must be used (1) This section—

(a) applies subject to any order under section 21AR; and

(b) has effect despite the Criminal Code, section 617.

(2) If there is an audio visual link within the court precincts, the judicial officer presiding at the proceeding for the giving of evidence by the affected child must direct that—

(a) the child give evidence outside the courtroom and the evidence be transmitted to the courtroom by means of the audio visual link; or

(b) while the child is giving evidence, the defendant be held in a room apart from the courtroom and the evidence be transmitted to that room by means of the audio visual link.

(3) It is not necessary that the place outside the courtroom at which the child gives evidence under subsection (2)(a) be within the court precincts. (4) If a direction is given under subsection (2)(a) or (b) and the audio visual link enables videorecording, the child’s evidence must be videorecorded. (5) If a direction can not be given under subsection (2)(a) or (b), a screen, one-way glass or other thing must be so placed in relation to the child while he or she is giving evidence that the child can not see the defendant. (6) A videorecording of the child’s evidence made under this section, or a lawfully edited copy of the videorecording, is, unless the relevant court otherwise orders, admissible in—

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

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

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

(a) the videorecording is a digital recording; and

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

(i) the principal registrar of a court; or

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

s 21AQ ins 2003 No. 55 s 60 amd 2017 No. 6 s 33 21AR Court may order that s 21AQ does not apply (1) This section applies if—

(a) a relevant proceeding has been started in a court; and

(b) an affected child is to give evidence in the proceeding.

(2) The party who is to call the child as a witness may apply to the presiding judicial officer for an order that section 21AQ is not to apply to the child. (3) The judicial officer may grant the application only if the judicial officer is satisfied the child is able and wishes to give evidence in the defendant’s presence without using an audio visual link or a screen. s 21AR ins 2003 No. 55 s 60 Subdivision 5 General pt 2 div 4A sdiv 5 hdg ins 2003 No. 55 s 60 21AS Prosecutor or applicant to advise that an affected child is to give evidence (1) The prosecutor or applicant in a relevant proceeding must inform the court, before the proceeding starts, that an affected child may give evidence in the proceeding. (2) For a trial on indictment, the prosecutor must inform the court at the time the indictment is presented. (3) A failure to comply with subsection (1) or (2) does not prevent an affected child’s evidence being taken or videorecorded under this division or affect the admissibility of the evidence. s 21AS ins 2003 No. 55 s 60 amd 2017 No. 6 s 75 sch 1 21AT Identification of persons or things by affected child (1) This section applies if an affected child is required to identify a person, including the defendant, or thing when the child is giving evidence. (2) The court may make the orders it considers appropriate to ensure that the identification is carried out in a way that limits the distress or trauma that might be suffered by the child when making the identification. Note— See section 9E for the general principles to be applied when dealing with a child witness. (3) The court must also decide at what point during the giving of the child’s evidence the identification is to be made. (4) If an affected child is required to be in the defendant’s presence for the purposes of identification, the child should not be required to be in the defendant’s presence for the identification for any longer than is necessary. s 21AT ins 2003 No. 55 s 60 21AU Exclusion of public (1) This section applies if—

(a) an affected child is to give evidence under subdivision 3 or 4 in a relevant proceeding; or

(b) the evidence of an affected child contained in any of the following is to be presented at a relevant proceeding—

(i) a videorecording made under subdivision 3 or 4, or a lawfully edited copy of the videorecording;

(ii) the usable soundtrack of a videorecording, or a lawfully edited copy of a videorecording, mentioned in subparagraph (i), or a lawfully edited copy of the usable soundtrack; Note— See part 2, division 4AA in relation to the use of soundtracks from particular recordings.

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

(2) The court must make an order excluding from the room in which it is sitting all persons, other than essential persons, while—

(a) the child is giving the evidence mentioned in subsection (1)(a); or

(b) the evidence mentioned in subsection (1)(b) is being presented.

(3) However, subsection (2) does not apply if—

(a) the evidence to be given by the child, or presented at the proceeding, is other than in relation to an offence of a sexual nature; and

(b) the court is satisfied that the interests of justice require the evidence to be heard in open court.

Note— See the Child Protection Act 1999, section 193 for restrictions on disclosing identifying information about the affected child. (4) In this section— essential person, for a proceeding, means any of the following persons—

(a) a party to the proceeding and the party’s counsel;

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

(d) an intermediary under division 4C for the child;

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

(f) a support person for the child under section 21AV;

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

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

(ii) would not be prejudicial to the child’s interests.

s 21AU ins 2003 No. 55 s 60 amd 2017 No. 6 s 34; 2020 No. 15 s 77; 2020 No. 32 s 43 21AV Affected child entitled to support (1) An affected child, while he or she is giving evidence in a relevant proceeding, is entitled to have near to him or her a person who may provide the child with support (a support person). (2) A person may be the child’s support person only if the person is approved by the court on application by the party proposing to call the child. (3) The support person must be permitted to be in close proximity to the child, and within the child’s sight, while the child is giving evidence. (4) An affected child may, with the agreement of the court, waive the entitlement to a support person under subsection (1). (5) The court must not agree to the waiver if the court considers the waiver is not in the child’s best interests. s 21AV ins 2003 No. 55 s 60 21AW Instructions to be given to jury (1) This section applies to a proceeding on indictment if any of the following measures is taken—

(a) an affected child’s evidence is taken in a way provided for under subdivision 3 or 4;

(b) a person is excluded under section 21AU while an affected child gives evidence or the evidence of an affected child is presented;

(2) The judicial officer presiding at the proceeding must instruct the jury that—

(a) the measure is a routine practice of the court and that they should not draw any inference as to the defendant’s guilt from it; and

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

s 21AW ins 2003 No. 55 s 60 amd 2017 No. 6 s 35; 2020 No. 15 s 78 21AX Orders, directions and rulings concerning affected child witnesses (1) The court may make any orders or give any directions or rulings it considers appropriate for this division on the court’s own initiative or on an application made to the court by a party to the proceeding. (2) Subsection (1) does not limit the Criminal Code, section 590AA or the Justices Act 1886, section 83A. s 21AX ins 2003 No. 55 s 60 Division 4AA Use of soundtracks from particular videorecordings pt 2 div 4AA hdg ins 2017 No. 6 s 36 21AXA Definition for division In this division— relevant witness see section 21AXC(1)(a). s 21AXA ins 2017 No. 6 s 36 21AXB Meaning of usable soundtrack A videorecording has a usable soundtrack if sound can be produced from the accompanying soundtrack of the videorecording, even if moving images can not be produced from the videorecording. s 21AXB ins 2017 No. 6 s 36 21AXC Court may make order for presentation of usable soundtrack (1) This section applies if—

(a) a videorecording has been made—

(i) under section 21A of the evidence of a special witness (a relevant witness); or

(ii) under division 4A, subdivision 3 or 4 of the evidence of an affected child (also a relevant witness); and

(b) the evidence of the relevant witness contained in the videorecording is admissible in a proceeding as mentioned in section 21A(6), 21AM or 21AQ(6); and

(d) the videorecording, or a lawfully edited copy of the videorecording, has a usable soundtrack.

(2) The court may order that the usable soundtrack of the videorecording of the evidence of the relevant witness, or of the lawfully edited copy of the videorecording, may be presented at the proceeding. (3) The court may make an order under subsection (2)—

(a) on the court’s own initiative or on the application of a party to the proceeding; and

(b) only if the court is satisfied it would be in the interests of justice to make the order.

s 21AXC ins 2017 No. 6 s 36 21AXD Use of usable soundtrack (1) This section applies if the court makes an order under section 21AXC(2) that the usable soundtrack of either of the following may be presented at a proceeding—

(a) a videorecording of the evidence of a relevant witness made under section 21A or division 4A, subdivision 3 or 4;

(b) a lawfully edited copy of a videorecording mentioned in paragraph (a).

(2) If the relevant witness is a special witness, section 21A(6) applies as if the reference in the subsection to a videorecording made under that section were a reference to the usable soundtrack of the videorecording or of the lawfully edited copy of the videorecording. (3) If the relevant witness is an affected child whose evidence has been taken under division 4A, subdivision 3, section 21AM applies as if the reference in section 21AM(1) to a videorecording made under division 4A, subdivision 3 were a reference to the usable soundtrack of the videorecording or of the lawfully edited copy of the videorecording. (4) If the relevant witness is an affected child whose evidence has been taken under division 4A, subdivision 4, section 21AQ(6) applies as if the reference in the subsection to a videorecording of the child’s evidence made under that section were a reference to the usable soundtrack of the videorecording or of the lawfully edited copy of the videorecording. s 21AXD ins 2017 No. 6 s 36 Division 4B Dealings with, and destruction of, recordings pt 2 div 4B hdg ins 2003 No. 55 s 60 sub 2017 No. 6 s 37 Subdivision 1 Preliminary pt 2 div 4B sdiv 1 hdg ins 2017 No. 6 s 37 21AY Definitions for div 4B In this division— authorised destruction day see section 21AZF(1). s 21AY def authorised destruction day ins 2017 No. 6 s 38 (2) minimum retention period see section 21AZE(4)(a). s 21AY def minimum retention period ins 2017 No. 6 s 38 (2) presiding judicial officer, in relation to a recording, means the judicial officer presiding at—

(a) the proceeding in which the recording is made; or

(b) the proceeding in which the recording is presented or to be presented; or

(d) a direction hearing under the Justices Act 1886, section 83A.

recording means—

(a) a videorecording of a special witness’s evidence made under section 21A; or

(b) a videorecording of an affected child’s evidence made under division 4A, subdivision 3 or 4; or

(d) a copy of a videorecording mentioned in paragraph (a), (b) or (c); or

(e) the usable soundtrack of a videorecording mentioned in paragraph (a), (b), (c) or (d).

s 21AY def recording sub 2017 No. 6 s 38; 2024 No. 48 s 23 s 21AY ins 2003 No. 55 s 60 Subdivision 2 Dealings with recordings pt 2 div 4B sdiv 2 hdg ins 2017 No. 6 s 39 21AZ Approval to edit or otherwise change a recording (1) An original recording must not be edited or otherwise changed in any way. (2) The presiding judicial officer may, on application, give approval for a copy of an original recording to be edited or changed in a stated way. Example— The presiding judicial officer may give approval for a copy of an original recording to be edited to omit certain inadmissible material. s 21AZ ins 2003 No. 55 s 60 21AZA Court to give directions about the use or safekeeping of a recording (1) The presiding judicial officer may make any order the judicial officer considers appropriate about the use or safekeeping of a recording. (2) Without limiting subsection (1), the presiding judicial officer may give directions, with or without conditions, as to—

(a) the persons, or classes of persons, who are authorised to have possession of a recording; and

(b) the giving up of possession of a recording.

(3) The presiding judicial officer must have regard to the following matters when deciding the persons, or classes of persons, who are authorised to have possession of a recording—

(a) the need for counsel involved in the proceeding to have access to the recording;

(b) the need to ensure that persons authorised to have possession of the recording are able to take appropriate measures to ensure there is no unauthorised access to the recording.

(4) In this section— use, of a recording, includes copying of the recording. s 21AZA ins 2003 No. 55 s 60 21AZB Unauthorised possession of, or dealing with, recording (1) A person commits an offence who, without authority—

(a) has a recording in his or her possession; or

(b) supplies, or offers to supply, a recording to any person; or

Maximum penalty—

(a) for an individual—100 penalty units or 2 years imprisonment; or

(b) for a corporation—1,000 penalty units.

(2) A person has authority for subsection (1) only if the person has the possession or does the thing mentioned in subsection (1)—

(a) in the case of a public official—for a purpose connected with the proceeding for which the recording was made or any rehearing or retrial of, or appeal from, the proceeding, or civil proceeding in which the recording may be presented in evidence; or

(b) in the case of the principal registrar of a court—as authorised under a practice direction made under section 21AZE or section 21AZG; or

(c) in the case of the victims’ commissioner under the Victims’ Commissioner and Sexual Violence Review Board Act 2024—for a purpose connected with identifying and reviewing systemic issues under section 9(a) of that Act; or

(d) in the case of the chairperson of the sexual violence review board under the Victims’ Commissioner and Sexual Violence Review Board Act 2024—for a purpose connected with identifying and reviewing systemic issues under section 62(1) of that Act; or

(e) in the case of a commissioner under the Child Safe Organisations Act 2024—for the purpose for which the recording is requested under section 52(1)(b)(i) of that Act; or

(f) in any case—as authorised by a judicial officer under section 21AZA.

(3) In this section— erase includes destroy. s 21AZB ins 2003 No. 55 s 60 amd 2017 No. 6 s 40; 2024 No. 21 s 107; 2024 No. 49 s 116 21AZC Publishing a recording prohibited (1) A person must not publish all or part of a recording other than with the approval of the relevant court and in accordance with any condition attached to the court’s approval. Maximum penalty—

(a) for an individual—100 penalty units or 2 years imprisonment; or

(b) for a corporation—1,000 penalty units.

(2) An approval under subsection (1) may be given only in exceptional circumstances. (3) In subsection (1)— publish means disseminate to the public by radio or television or otherwise by the transmission of light or sound. relevant court means the court presiding at the proceeding or preliminary hearing at which the recording is made or the court of trial or appeal at which the recording is presented. s 21AZC ins 2003 No. 55 s 60 Subdivision 3 Destruction of recordings pt 2 div 4B sdiv 3 hdg ins 2017 No. 6 s 41 21AZD Relationship with other Acts This subdivision applies despite the provisions of any other Act to the contrary. s 21AZD ins 2017 No. 6 s 41 21AZE Making of practice directions authorising destruction (1) The Chief Justice may make a practice direction authorising the principal registrar of the Supreme Court to destroy a recording held by or for the Supreme Court. (2) The Chief Judge may make a practice direction authorising the principal registrar of the District Court to destroy a recording held by or for the District Court. (3) The Chief Magistrate may make a practice direction authorising the principal registrar of Magistrates Courts to destroy a recording held by or for a Magistrates Court. (4) A practice direction made under subsection (1), (2) or (3)—

(a) must state the period (the minimum retention period) during which a recording or class of recordings may not be destroyed under the practice direction; and

(b) may authorise the principal registrar of the court to destroy a recording only after—

(i) the minimum retention period stated for the recording has ended; and

(ii) if an order under section 21AZF has been made in relation to the recording—the authorised destruction day stated in the order has passed; and

(iii) in the case of a videorecording made under section 21AAC—if the defendant has been convicted, there is no possibility or further possibility of a retrial and any appeal rights have been exhausted.

s 21AZE ins 2017 No. 6 s 41 amd 2024 No. 48 s 24 21AZF Court may make order about destruction (1) The presiding judicial officer may make an order that a recording must not be destroyed before a stated day (the authorised destruction day). (2) The authorised destruction day must be after the end of the minimum retention period for the recording. s 21AZF ins 2017 No. 6 s 41 21AZG Destruction of particular digital recordings (1) The principal registrar of a court may destroy a recording held by the court if the recording—

(a) is a digital recording; and

(b) has been copied onto a separate data storage medium.

(2) Subsection (1) applies—

(a) even if a practice direction made under section 21AZE does not authorise the destruction of the recording; and

(b) despite any order made under section 21AZF in relation to the recording.

s 21AZG ins 2017 No. 6 s 41 21AZH Delegation by principal registrar (1) The principal registrar of a court may delegate to an appropriately qualified public service employee the principal registrar’s function under—

(a) a practice direction made under section 21AZE; or

(b) section 21AZG.

(2) In this section— function includes power. s 21AZH ins 2017 No. 6 s 41 Division 4C Intermediaries pt 2 div 4C hdg ins 2020 No. 32 s 44 Subdivision 1 Preliminary pt 2 div 4C sdiv 1 hdg ins 2020 No. 32 s 44 21AZI Definitions for division In this division— directions hearing see section 21AZP(1). intermediaries panel see section 21AZV(4). intermediary means a person appointed as an intermediary under an order made under section 21AZL. relevant proceeding see section 21AZJ. s 21AZI ins 2020 No. 32 s 44 21AZJ Meaning of relevant proceeding (1) A relevant proceeding is a criminal proceeding—

(a) for a child sexual offence; and

(b) held before a court at a place prescribed by regulation.

(2) For subsection (1)(a), it does not matter whether the criminal proceeding also relates to other offences. (3) In this section— child sexual offence means an offence of a sexual nature committed in relation to a child, including, for example, an offence against a provision of the Criminal Code, chapter 22 or 32. s 21AZJ ins 2020 No. 32 s 44 21AZK References to particular matters (1) A reference in this division to a witness in a relevant proceeding includes a reference to a person who is to be called to give evidence in the proceeding. (2) A reference in this division to the giving of evidence by a witness in a relevant proceeding includes a reference to—

(a) if the witness is a special witness—the giving of evidence by the witness in a way provided for under section 21A; and

(b) if the witness is an affected child under section 21AC—the taking of the witness’s evidence in a way provided for under division 4A.

(3) In a provision of this division about a relevant proceeding—

(a) a reference to the prosecutor is a reference to the prosecutor for the proceeding; and

(b) a reference to the defendant is a reference to—

(i) if there is 1 defendant in the proceeding—the defendant in the proceeding; or

(ii) if there is more than 1 defendant in the proceeding—a defendant in the proceeding.

s 21AZK ins 2020 No. 32 s 44 Subdivision 2 Appointment and functions pt 2 div 4C sdiv 2 hdg ins 2020 No. 32 s 44 21AZL Appointment (1) This section applies in relation to a witness for the prosecution in a relevant proceeding who—

(a) is under 16 years; or

(b) is a person with an impairment of the mind as defined under the Criminal Code; or

(d) is of a class prescribed by regulation.

(2) The court may, on its own initiative or on the application of a party to the relevant proceeding, make an order appointing a person as an intermediary for the witness. (3) The order may be made at any stage of the relevant proceeding. (4) A person may be appointed as an intermediary for the witness only if—

(a) the person is included on the intermediaries panel; and

(b) the person is not an excluded person.

(5) For subsection (4)(b), a person is an excluded person if the person—

(a) is a relative, friend or acquaintance of the witness or of the defendant; or

(b) is a party to the relevant proceeding; or

(d) has, in a professional capacity—

(i) assisted the witness, other than in the capacity of an intermediary; or

(ii) assisted the defendant.

(6) The court must not make an order appointing a person as an intermediary for the witness if the court is satisfied—

(a) the witness—

(i) is aware an application may be made for an order appointing a person as an intermediary for the witness; but

(ii) wishes to give evidence in the relevant proceeding without the help of an intermediary; and

(b) it would not be in the interests of justice to make the order.

(7) An order made under this section for a witness mentioned in subsection (1)(a) has effect even if the witness is 16 years or older when the witness gives evidence in the relevant proceeding. (8) Also, an order made under this section must not be subject to interlocutory appeal but may be raised as a ground of appeal against conviction or sentence. s 21AZL ins 2020 No. 32 s 44 21AZM Functions (1) An intermediary for a witness in a relevant proceeding has the following functions in relation to the witness’s evidence in the proceeding—

(a) to communicate or explain to the witness questions put to the witness, to the extent necessary to enable the witness to understand the questions;

(b) to communicate or explain to a person asking questions of the witness the answers given by the witness in reply, to the extent necessary to enable the person to understand the answers.

(2) An intermediary for a witness in a relevant proceeding also has the functions conferred on the intermediary under subdivision 3 in relation to directions hearings. (3) In performing a function under this division, an intermediary—

(a) is an officer of the court; and

(b) must act impartially.

s 21AZM ins 2020 No. 32 s 44 21AZN Oath before performing particular functions An intermediary for a witness in a relevant proceeding must not perform a function under section 21AZM(1) in relation to the witness’s evidence in the proceeding without first taking an oath under the Oaths Act 1867, section 30A. s 21AZN ins 2020 No. 32 s 44 Subdivision 3 Directions hearings pt 2 div 4C sdiv 3 hdg ins 2020 No. 32 s 44 21AZO Application of subdivision This subdivision applies if an intermediary is appointed for a witness in a relevant proceeding. s 21AZO ins 2020 No. 32 s 44 21AZP Directions for holding directions hearings (1) The court must, on making the order under which the intermediary is appointed, give a direction that a hearing under this subdivision (a directions hearing) be held in relation to the giving of evidence by the witness in the relevant proceeding. (2) Subsection (1) does not prevent the court, with the consent of the parties to the relevant proceeding, holding the directions hearing immediately after making the order mentioned in subsection (1). (3) Also, at any stage of the relevant proceeding, the court may, on its own initiative or on the application of a party to the proceeding, give a direction that a further directions hearing be held in relation to the giving of evidence by the witness in the proceeding. (4) In giving a direction under subsection (1) or (3) for the holding of a directions hearing, the court may, if it considers it appropriate, direct that—

(a) the intermediary prepare a written report for the court that states—

(i) the communication needs of the witness; and

(ii) the intermediary’s recommendations about the most effective way to communicate with the witness; or

(b) a stated person attend the hearing.

(5) The intermediary must comply with a direction given under subsection (4)(a). s 21AZP ins 2020 No. 32 s 44 21AZQ Attendance at directions hearing (1) The following persons must attend a directions hearing held in the relevant proceeding—

(a) the prosecutor or a person representing the prosecutor;

(b) the legal practitioner representing the defendant or, if the defendant is unrepresented, the defendant;

(d) a person directed to attend the directions hearing under section 21AZP(4)(b).

(2) The witness may, but is not required to, attend the directions hearing. (3) Subsections (1) and (2) apply subject to any direction of the court. s 21AZQ ins 2020 No. 32 s 44 21AZR Functions of intermediary at directions hearing (1) The intermediary must, at a directions hearing held in the relevant proceeding—

(a) inform the court of the communication needs of the witness; and

(b) recommend to the court the most effective way to communicate with the witness.

(2) The information and recommendations may be given or made in any way the court considers appropriate, including, for example—

(a) in a report prepared in compliance with a direction given under section 21AZP(4)(a); or

(b) in a report prepared by the intermediary before the intermediary was appointed for the witness.

s 21AZR ins 2020 No. 32 s 44 21AZS Court may give directions (1) The court may, at a directions hearing held in the relevant proceeding, give the directions about the giving of evidence by the witness that the court considers appropriate for the fair and efficient conduct of the proceeding. (2) Without limiting subsection (1), a direction may be given about 1 or more of the following matters—

(a) the manner of questioning the witness;

(b) the duration of questioning the witness;

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

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

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

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

(f) the use of an audio visual link or another communication facility—

(i) to enable the witness and the intermediary to communicate with each other; or

(ii) for another purpose, including, for example, to enable the court, the prosecutor and the legal practitioner representing the defendant to communicate with the intermediary.

(3) In deciding whether to give a direction under this section, the court may have regard to the information given, and recommendations made, by the intermediary under section 21AZR. (4) Subsections (1) and (2) do not limit the Criminal Code, section 590AA or the Justices Act 1886, section 83A. s 21AZS ins 2020 No. 32 s 44 Subdivision 4 Giving of evidence and jury instructions pt 2 div 4C sdiv 4 hdg ins 2020 No. 32 s 44 21AZT Way evidence of witness to be given (1) This section applies if an intermediary is appointed for a witness in a relevant proceeding. (2) The witness’s evidence in the relevant proceeding must be given—

(a) in the presence of the intermediary; or

(b) in compliance with a direction given under section 21AZS(2)(f)(i).

s 21AZT ins 2020 No. 32 s 44 21AZU Instructions to be given to jury (1) This section applies in relation to a relevant proceeding on indictment if a witness’s evidence in the proceeding is given under section 21AZT(2)(a) or (b). (2) The judge presiding at the relevant proceeding must instruct the jury that—

(a) the jury should not draw any inference as to the defendant’s guilt from the use of the intermediary; and

(b) the probative value of the evidence of the witness is not increased or decreased because of the use of the intermediary; and

(3) However, the judge must not give an instruction under subsection (2)(b) or (c) if the judge is satisfied it would not be in the interests of justice to give the instruction. s 21AZU ins 2020 No. 32 s 44 Subdivision 5 Intermediaries panel pt 2 div 4C sdiv 5 hdg ins 2020 No. 32 s 44 21AZV Chief executive to establish intermediaries panel (1) The chief executive must establish a panel of persons the chief executive is satisfied are suitable to perform the functions of an intermediary. (2) A person is not suitable to perform the functions of an intermediary unless the person—

(a) has a relevant qualification; and

(b) meets any requirements for professional registration, licensing or authorisation prescribed by regulation; and

(3) Subsection (2) does not limit the matters to which the chief executive may have regard in considering the suitability of a person to perform the functions of an intermediary. (4) The panel established under this section is the intermediaries panel. (5) In this section— relevant qualification means—

(a) a tertiary qualification in occupational therapy, psychology, social work or speech pathology; or

(b) other qualifications, training, experience or skills prescribed by regulation.

s 21AZV ins 2020 No. 32 s 44 21AZW Removal of person from intermediaries panel (1) This section applies if the chief executive decides a person included on the intermediaries panel is no longer suitable to perform the functions of an intermediary. (2) The chief executive must—

(a) remove the person from the intermediaries panel; and

(b) give the person a written notice stating the reasons for the decision.

s 21AZW ins 2020 No. 32 s 44 21AZX Criminal history report (1) This section applies for deciding under section 21AZV or 21AZW whether a person is suitable to perform the functions of an intermediary. (2) The chief executive may ask the police commissioner for—

(a) a written report about the criminal history of the person; and

(b) a brief description of the circumstances of a conviction mentioned in the criminal history.

(3) However, the chief executive may make the request only if the person has given the chief executive written consent for the request. (4) The police commissioner must comply with the request. (5) However, the duty to comply applies only in relation to information in the commissioner’s possession or to which the commissioner has access. (6) In this section— criminal history, of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions. s 21AZX ins 2020 No. 32 s 44 amd 2022 No. 12 s 52 sch 1 pt 1; 2023 No. 23 s 247 sch 1 s 4 21AZY Confidentiality of criminal history information (1) This section applies to a person who possesses criminal history information because the person is or was an officer, employee or agent of the department. (2) The person must not, directly or indirectly, disclose the criminal history information to another person unless the disclosure is permitted under subsection (3). Maximum penalty—100 units. (3) The person may disclose the criminal history information to another person—

(a) to the extent necessary to perform the person’s functions under this Act; or

(b) if the disclosure is authorised under an Act; or

(d) if the person to whom the information relates consents to the disclosure; or

(e) if the disclosure is in a form that does not identify the person to whom the information relates; or

(f) if the information is, or has been, lawfully accessible to the public.

(4) The chief executive must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. (5) In this section— criminal history information means a report, or information contained in a report, given to the chief executive under section 21AZX. s 21AZY ins 2020 No. 32 s 44 Division 5 Witness identity protection pt 2 div 5 hdg ins 2000 No. 57 s 4 sub 2005 No. 45 s 51 Subdivision 1 Preliminary pt 2 div 5 sdiv 1 hdg ins 2005 No. 45 s 51 21B Purposes of div 5 The purposes of this division are—

(a) to facilitate, for law enforcement purposes, investigations in relation to criminal activity, including investigations extending beyond Queensland, by—

(i) providing for the protection of the identity of operatives; and

(ii) facilitating the recognition of witness identity protection certificates under corresponding laws; and

(b) to facilitate investigations by the CCC in relation to corruption by providing for the protection of the identity of operatives.

s 21B ins 2000 No. 57 s 4 amd 2001 No. 69 s 378 sch 1 sub 2005 No. 45 s 51 amd 2014 No. 21 s 94 (2) sch 2 21C Definitions for div 5 In this division— assumed name, of an operative, see section 21G(1)(a)(i). CCC means the Crime and Corruption Commission. s 21C def CCC ins 2014 No. 21 s 94 (2) sch 2 chief executive officer, of a law enforcement agency, means—

(a) for the CCC—the chairperson of the CCC; or

(b) for the police service—the police commissioner.

s 21C def chief executive officer amd 2014 No. 21 s 94 (2) sch 2; 2016 No. 19 s 46 sch 1; 2022 No. 12 s 52 sch 1 pt 1 CMC ... s 21C def CMC om 2014 No. 21 s 94 (2) sch 2 conduct includes any act or omission. convicted means found guilty, or having a plea of guilty accepted by a court, whether or not a conviction is recorded. corresponding law means a law of another jurisdiction that is declared under a regulation to correspond to this division. corresponding witness identity protection certificate means a certificate given under a corresponding law that corresponds to section 21F. corruption see the Crime and Corruption Act 2001, schedule 2. s 21C def corruption ins 2014 No. 21 s 94 (2) sch 2 court name, for an operative in relation to a proceeding, means a name, other than the operative’s real name, or code used to identify the operative in the proceeding. criminal activity means conduct that involves the commission of an offence by 1 or more persons. investigation means an investigation in relation to—

(a) criminal activity, including an investigation extending beyond Queensland; or

(b) corruption.

s 21C def investigation amd 2014 No. 21 s 94 (2) sch 2 jurisdiction means the Commonwealth or a State of the Commonwealth. law enforcement agency means—

(a) the CCC; or

(b) the police service.

s 21C def law enforcement agency amd 2014 No. 21 s 94 (2) sch 2 misconduct ... s 21C def misconduct om 2014 No. 21 s 94 (2) sch 2 operative means a person who is or was—

(a) a covert operative under the Crime and Corruption Act 2001, chapter 3, part 6A; or

(b) a participant in an authorised operation under the Police Powers and Responsibilities Act 2000, chapter 11; or

s 21C def operative amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2014 No. 21 s 94 (2) sch 2 party, to a proceeding, means—

(a) for a criminal proceeding—the prosecutor and each accused person; or

(b) for a civil proceeding—each person who is a party to the proceeding; or

relevant court, for a proceeding, means the entity before whom or which the proceeding is held or taken. witness identity protection certificate means a certificate given under section 21F. s 21C ins 2000 No. 57 s 4 sub 2005 No. 45 s 51 21D Application of div 5 to lawyer of party to a proceeding For this division—

(a) anything permitted to be done by a party to a proceeding may be done by the party’s lawyer; and

(b) any requirement to give something to, or notify, a party to a proceeding is satisfied by giving the thing to, or notifying, the party’s lawyer.

s 21D ins 2000 No. 57 s 4 amd 2001 No. 69 s 378 sch 1 sub 2005 No. 45 s 51 Subdivision 2 Witness identity protection certificates for operatives pt 2 div 5 sdiv 2 hdg ins 2005 No. 45 s 51 21E Application of sdiv 2 (1) This subdivision applies to a proceeding in which an operative is, or may be, required to give evidence obtained as an operative. (2) To remove any doubt, it is declared that this subdivision does not affect the operation of the common law in relation to the protection of the identity of a person who is not an operative who gives or intends to give evidence in a proceeding. s 21E ins 2000 No. 57 s 4 sub 2005 No. 45 s 51 21F Giving witness identity protection certificate (1) The chief executive officer of a law enforcement agency may give a witness identity protection certificate for an operative of the agency in relation to a proceeding if—

(a) the operative is, or may be required, to give evidence in the proceeding; and

(b) the chief executive officer is satisfied on reasonable grounds that the disclosure in the proceeding of the operative’s identity or where the operative lives is likely to—

(i) endanger the safety of the operative or someone else; or

(ii) prejudice an investigation.

(2) The chief executive officer must make all reasonable enquiries to enable him or her to find out the information required to be included in the witness identity protection certificate under section 21G. (3) A decision to give a witness identity protection certificate—

(a) is final; and

(b) can not be impeached for informality or want of form; and

(4) Subsection (3) does not prevent a decision to give a witness identity protection certificate being called into question during a proceeding of a disciplinary nature against the person who made the decision. s 21F ins 2000 No. 57 s 4 sub 2005 No. 45 s 51 21G Form of witness identity protection certificate (1) A witness identity protection certificate for an operative of a law enforcement agency in relation to a proceeding must be in the approved form and state all of the following—

(a) if the operative—

(i) is known to a party to the proceeding or a party’s lawyer by a name other than the operative’s real name—that name (the assumed name); or

(ii) is not known to any party to the proceeding or any party’s lawyer by a name—the operative’s court name for the proceeding;

(b) the period the operative was involved in the investigation to which the proceeding relates;

(d) the date of the certificate;

(e) a general description of the reasons for giving the certificate;

(f) whether the operative has been convicted of an offence, in Queensland or elsewhere, and, if so, particulars of each offence;

(g) whether a charge against the operative for an offence is outstanding, in Queensland or elsewhere, and, if so, particulars of each charge;

(h) if the operative is, or was, a law enforcement officer—

(i) whether the operative has been found guilty of professional misconduct and, if so, particulars of each finding; and

(ii) whether any allegation of professional misconduct against the operative is outstanding and, if so, particulars of each allegation;

(i) whether, to the knowledge of the person giving the certificate, a court has made any adverse comment about the operative’s credibility and, if so, particulars of the comment;

(j) whether, to the knowledge of the person giving the certificate, the operative has made a false representation when the truth was required and, if so, particulars of the representation;

(k) if there is anything else known to the person giving the certificate that may be relevant to the operative’s credibility—particulars of the thing.

(2) A witness identity protection certificate for an operative must not contain information that may allow the operative’s identity, or where the operative lives, to be revealed. (3) For this section—

(a) a charge against a person for an offence is outstanding until the charge is finally dealt with in any of the following ways—

(i) the charge is withdrawn;

(ii) the charge is dismissed by a court;

(iii) the person is discharged by a court;

(iv) the person is acquitted or convicted of the offence by a court; and

(b) an allegation of professional misconduct against a person is outstanding if the allegation has not been finally dealt with.

(4) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure of information under subsection (1)(f) or (g). (5) In this section— charge, for an offence, means a charge in any form, including, for example, the following—

(a) a charge on an arrest;

(b) a notice to appear served under the Police Powers and Responsibilities Act 2000, section 382;

(d) a charge by a court under the Justices Act 1886, section 42(1A), or another provision of an Act;

(e) an indictment.

false representation does not include a representation made under—

(a) an authority, or a corresponding authority, under the Police Powers and Responsibilities Act 2000, chapter 11 or 12; or

(b) an approval under the Crime and Corruption Act 2001, chapter 3, part 6A.

law enforcement officer means—

(a) a commission officer under the Crime and Corruption Act 2001; or

(b) a police officer.

professional misconduct means—

(a) corruption under the Crime and Corruption Act 2001; or

(b) misconduct or another ground for disciplinary action under—

(i) the Police Service Administration Act 1990; or

(ii) a law of another jurisdiction, or a foreign country, that corresponds to the Police Service Administration Act 1990.

s 21G ins 2000 No. 57 s 4 sub 2005 No. 45 s 51 amd 2006 No. 26 s 108; 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86); 2014 No. 21 s 94 (2) sch 2; 2019 No. 32 s 32 sch 1 21H Filing and notification (1) If the chief executive officer of a law enforcement agency gives a witness identity protection certificate for an operative in relation to a proceeding, the agency must—

(a) file the certificate with the relevant court for the proceeding before the operative gives evidence in the proceeding; and

(b) if the agency is the police service—give to the chairperson of the CCC a copy of the certificate and notice of the date it was filed.

(2) Also, the law enforcement agency must give a copy of the witness identity protection certificate to each party to the proceeding at least 14 days, or the shorter period agreed to by a party, before the day the operative is to give evidence. (3) The relevant court may order the law enforcement agency to give a copy of the witness identity protection certificate to someone else stated in the order. s 21H ins 2000 No. 57 s 4 sub 2005 No. 45 s 51 amd 2014 No. 21 s 94 (2) sch 2; 2016 No. 19 s 46 sch 1 21I Effect of witness identity protection certificate (1) This section applies if—

(a) a witness identity protection certificate for an operative in relation to a proceeding is filed under section 21H(1)(a); and

(b) either—

(i) a copy of the certificate is given to each party under section 21H(2) and to each person, if any, stated in an order under section 21H(3) for the certificate; or

(ii) the relevant court for the proceeding gives leave for this section to apply despite noncompliance with section 21H(2) or (3).

(2) If this section applies—

(a) the operative may give evidence in the proceeding under the assumed name, or court name, stated in the certificate; and

(b) subject to section 21K—

(i) a question must not be asked of a witness, including the operative, that may lead to the disclosure of the operative’s identity or where the operative lives; and

(ii) a witness, including the operative, can not be required to, and must not, answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the operative’s identity or where the operative lives; and

(iii) a person involved in the proceeding must not make a statement that discloses, or may lead to the disclosure of, the operative’s identity or where the operative lives.

(3) For this section, a person involved in a proceeding includes the following—

(a) the relevant court;

(b) a party to the proceeding;

(d) a lawyer representing a person mentioned in paragraph (b) or (c) or a lawyer assisting the court in the proceeding;

(e) any other officer of the court or person assisting the court in the proceeding;

(f) a person acting in the execution of any process or the enforcement of any order in the proceeding.

s 21I ins 2000 No. 57 s 4 sub 2005 No. 45 s 51 21J Orders to protect operative’s identity etc. (1) The court with which a witness identity protection certificate is filed may make any order it considers necessary or desirable—

(a) to protect the identity of the operative for whom the certificate is given; or

(b) to prevent the disclosure of where the operative lives.

Examples of orders—

• an order prohibiting sketching of the operative

• an order that the operative give evidence in the absence of the public

(2) A person commits an offence if—

(a) the person knows that, or is reckless as to whether, an order has been made under subsection (1); and

(b) the person intentionally, knowingly or recklessly contravenes the order.

Maximum penalty—2 years imprisonment. (3) Subsection (2) does not limit the court’s power to punish for contempt. s 21J ins 2000 No. 57 s 4 amd 2001 No. 69 s 378 sch 1 sub 2005 No. 45 s 51 21K Disclosure of operative’s identity etc. despite certificate (1) This section applies if a witness identity protection certificate for an operative in relation to a proceeding is filed with a court. (2) A party to the proceeding, or a lawyer assisting the court in the proceeding, may apply to the court—

(a) for leave—

(i) to ask a question of a witness, including the operative, that may lead to the disclosure of the operative’s identity or where the operative lives; or

(ii) for a person involved in the proceeding to make a statement that discloses, or may lead to the disclosure of, the operative’s identity or where the operative lives; or

(b) for an order requiring a witness, including the operative, to answer a question, give evidence or provide information that discloses, or may lead to the disclosure of, the operative’s identity or where the operative lives.

(3) The court may—

(a) give leave for the party or lawyer to do anything mentioned in subsection (2)(a); or

(b) make an order requiring a witness to do anything mentioned in subsection (2)(b).

(4) However, the court must not give leave or make an order unless satisfied about each of the following—

(a) there is evidence that, if accepted, would substantially call into question the operative’s credibility;

(b) it would be impractical to test properly the credibility of the operative without allowing the risk of disclosure of, or disclosing, the operative’s identity or where the operative lives;

(5) If there is a jury in the proceeding, the application must be heard in the absence of the jury. (6) Unless the court considers that the interests of justice require otherwise, the court must be closed when—

(a) the application is made; and

(b) if leave is given or an order is made—the question is asked and answered, the evidence is given, the information is provided or the statement is made.

(7) The court must make an order suppressing the publication of anything said when—

(a) the application is made; and

(b) if leave is given or an order is made—the question is asked and answered, the evidence is given, the information is provided or the statement is made.

(8) Nothing in subsection (7) prevents the taking of a transcript of court proceedings, but the court may make an order for how the transcript is to be dealt with, including an order suppressing its publication. (9) The court may make any other order it considers appropriate to protect the operative’s identity or to prevent the disclosure of where the operative lives. (10) A person commits an offence if—

(a) the person knows that, or is reckless as to whether, an order has been made under subsection (7), (8) or (9); and

(b) the person intentionally, knowingly or recklessly contravenes the order.

Maximum penalty—2 years imprisonment. (11) Subsection (10) does not limit the court’s power to punish for contempt. s 21K ins 2000 No. 57 s 4 sub 2005 No. 45 s 51 21KA Directions to jury (1) This section applies if—

(a) a witness identity protection certificate for an operative in relation to a proceeding is filed with a court; and

(b) there is a jury in the proceeding; and

(2) The court must, unless it considers it inappropriate, direct the jury not to give the operative’s evidence any more or less weight, or draw any adverse inferences against the defendant or another party to the proceeding, because—

(a) there is a witness identity protection certificate for the operative; or

(b) the court has made an order under section 21J or section 21K(7), (8) or (9).

s 21KA ins 2005 No. 45 s 51 21KB Witness identity protection certificate—cancellation (1) This section applies if the chief executive officer of a law enforcement agency gives a witness identity protection certificate for an operative of the agency in relation to a proceeding. (2) The chief executive officer must cancel the witness identity protection certificate if the chief executive officer considers that it is no longer necessary or appropriate to prevent the disclosure of the operative’s identity or where the operative lives. (3) If the chief executive officer cancels the certificate after it has been filed with a court, the chief executive officer must immediately give written notice of the cancellation to the court and each party to the proceeding. s 21KB ins 2005 No. 45 s 51 21KC Permission to give information disclosing operative’s identity etc. (1) This section applies if the chief executive officer of a law enforcement agency gives a witness identity protection certificate for an operative of the agency in relation to a proceeding. (2) The chief executive officer may, in writing, permit a person to give information, otherwise than in the proceeding, that discloses, or may lead to the disclosure of, the operative’s identity or where the operative lives if the chief executive officer considers it necessary or appropriate for the information to be given. (3) The permission must state—

(a) the name of the person who may give the information; and

(b) the name of the person to whom the information may be given; and

(4) The permission also may state how the information may be given. s 21KC ins 2005 No. 45 s 51 21KD Disclosure offences (1) A person commits an offence if—

(a) a witness identity protection certificate for an operative in relation to a proceeding has been given; and

(b) the person knows that, or is reckless as to whether, the certificate has been given; and

(c) the person intentionally, knowingly or recklessly does something (the disclosure action) that discloses, or is likely to lead to the disclosure of, the operative’s identity or where the operative lives; and

(d) the person knows that, or is reckless as to whether, the certificate had not been cancelled under section 21KB before the person does the disclosure action; and

(e) the person knows that, or is reckless as to whether, the disclosure action is not—

(i) authorised by leave or an order under section 21K; or

(ii) permitted under section 21KC.

Maximum penalty—2 years imprisonment. (2) A person commits a crime if the person commits an offence against subsection (1) in circumstances in which the person—

(a) intends to endanger the health or safety of any person or prejudice the effective conduct of an investigation; or

(b) knows that, or is reckless as to whether, the disclosure action—

(i) endangers or will endanger the health or safety of any person; or

(ii) prejudices or will prejudice the effective conduct of an investigation.

Maximum penalty—10 years imprisonment. s 21KD ins 2005 No. 45 s 51 21KE Review of giving of witness identity protection certificate by police service (1) This section applies to a witness identity protection certificate filed with a court by the police service. (2) As soon as practicable after the end of the proceeding in which the witness identity protection certificate is filed by the police service, the police commissioner must give the chairperson of the CCC notice of the date the proceeding to which the certificate relates ended. (3) The chairperson of the CCC must—

(a) review the giving of the witness identity protection certificate as soon as practicable after the end of the proceeding to which the certificate relates and, in any event, within 3 months after the end of the year in which the certificate is filed; and

(b) consider whether, in the circumstances, it was appropriate to give the certificate; and

(c) if the chairperson considers it was inappropriate to give the certificate, notify whichever of the following is relevant of that fact as soon as practicable—

(i) each party to the proceeding;

(ii) a lawyer assisting the court.

(4) The police commissioner, if asked by the chairperson of the CCC, must give the chairperson—

(a) all the information the police service used for deciding to give the witness identity protection certificate; and

(b) particulars relating to each person to whom a copy of the certificate was given under section 21H(2) or (3).

(5) The chairperson of the CCC must give a copy of any report on the review to the police commissioner as soon as practicable after the report is completed. s 21KE ins 2005 No. 45 s 51 amd 2006 No. 26 s 109; 2014 No. 21 s 94 (2) sch 2; 2016 No. 19 s 46 sch 1; 2022 No. 12 s 52 sch 1 pt 1 21KF Giving information about witness identity protection certificates (1) As soon as practicable after the end of each financial year, the chief executive officer of a law enforcement agency, other than the CCC, must give to the chairperson of the CCC a written report containing all of the following information for the financial year—

(a) the number of witness identity protection certificates given by the chief executive officer;

(b) the basis on which the chief executive officer was satisfied about the matters mentioned in section 21F(1)(b) for each certificate;

(c) if leave was given or an order made under section 21K in a proceeding in which a witness identity protection certificate for an operative of the agency was filed—details of the proceeding that relate to the leave or order;

(d) if a witness identity protection certificate was cancelled under section 21KB—the reasons for the cancellation;

(e) if a permission was given under section 21KC—the reasons for giving the permission;

(f) any other information relating to witness identity protection certificates and the administration of this division that the chairperson of the CCC considers appropriate.

(2) The report must not include information that discloses, or may lead to the disclosure of, an operative’s identity, or where the operative lives, unless the witness identity protection certificate for the operative has been cancelled. s 21KF ins 2005 No. 45 s 51 amd 2014 No. 21 s 94 (2) sch 2; 2016 No. 19 s 46 sch 1 21KG Report about witness identity protection certificates (1) The CCC must include in its annual report for a financial year the following information about witness identity protection certificates given under this division in the financial year—

(a) the number of witness identity protection certificates given by each chief executive officer;

(b) the basis on which the chief executive officer was satisfied about the matters mentioned in section 21F(1)(b) for each certificate;

(c) if leave was given or an order made under section 21K in a proceeding in which a witness identity protection certificate was filed—details of the proceeding that relate to the leave or order;

(d) if a witness identity protection certificate was cancelled under section 21KB—the reasons for the cancellation;

(e) if a permission was given under section 21KC—the reasons for giving the permission;

(f) any other information relating to witness identity protection certificates and the administration of this division that the chairperson of the CCC considers appropriate.

(2) The annual report must not include information that discloses, or may lead to the disclosure of, an operative’s identity, or where the operative lives, unless the witness identity protection certificate for the operative has been cancelled. (3) In this section— annual report, of the CCC, means the report given by the CCC under the Financial Accountability Act 2009, section 63. s 21KG ins 2005 No. 45 s 51 amd 2009 No. 9 s 136 sch 1; 2014 No. 21 s 94 (2) sch 2; 2016 No. 19 s 46 sch 1 21KH Recognition of witness identity protection certificates under corresponding laws Sections 21H to 21KA and section 21KD apply, with any necessary changes, to a corresponding witness identity protection certificate as if it were a witness identity protection certificate given under section 21F. s 21KH ins 2005 No. 45 s 51 Subdivision 3 General pt 2 div 5 sdiv 3 hdg ins 2005 No. 45 s 51 21KI Delegation (1) Other than as provided by this section, and despite any other Act or law to the contrary, the powers of a chief executive officer under this division may not be delegated to any other person. (2) A chief executive officer of a law enforcement agency may delegate any of the chief executive officer’s powers under this division, other than this power of delegation, to a senior officer of the agency. (3) In this section— senior officer, of a law enforcement agency, means—

(a) for the police service—a deputy commissioner of the police service; or

(b) for the CCC—a senior executive officer under the Crime and Corruption Act 2001.

s 21KI ins 2005 No. 45 s 51 amd 2014 No. 21 s 94 (2) sch 2 Division 6 Cross-examination of protected witnesses pt 2 div 6 hdg ins 2000 No. 43 s 47 21L Application of division 6 (1) This division applies only to criminal proceedings, other than summary proceedings under the Justices Act 1886. (2) However, despite subsection (1), this division does apply to summary proceedings under the Justices Act 1886 for a domestic violence offence. s 21L ins 2000 No. 43 s 47 amd 2023 No. 1 s 59 21M Meaning of protected witness (1) For this division, each of the following persons is a protected witness—

(a) a witness under 16 years;

(b) a witness who is a person with an impairment of the mind;

(d) for a proceeding for a prescribed offence, an alleged victim of the offence who the court considers would be likely to be disadvantaged as a witness, or to suffer severe emotional trauma, unless treated as a protected witness;

(e) for a proceeding for a domestic violence order-related offence, a person who—

(i) is named as the aggrieved, or a relative or associate of the aggrieved, in the domestic violence order; and

(ii) the court considers would be likely to be disadvantaged as a witness, or to suffer severe emotional trauma, unless treated as a protected witness.

(2) It does not matter whether the proceeding mentioned in subsection (1)(c) or (d) relates also to another offence that is not a domestic violence offence, a prescribed special offence or a prescribed offence. (3) In this section— alleged victim of an offence means a person, other than the person charged, who is—

(a) alleged to be a person in relation to whom the offence was committed; or

(b) alleged to have been subject to violence in relation to the offence.

domestic violence order-related offence, in relation to a domestic violence order, means—

(a) an offence for the contravention of the domestic violence order under the Domestic and Family Violence Protection Act 2012, section 177(2); or

(b) an offence for an act or omission that also constitutes an offence mentioned in paragraph (a).

prescribed offence means an offence defined in the Criminal Code, section 75, 122, 127, 206, 229BB, 229BC, 308, 309, 319A, 323, 335, 338A, 339, 340, 346, 354, 354A, 355, 359, 413, 414, 415, 417A or 419. prescribed special offence means an offence defined in the Criminal Code, section 210, 213, 215, 216, 217, 218, 219, 221, 222, 227, 229B, 306, 313, 315, 315A, 316, 317, 320, 320A, 322, 323A, 323B, 324, 359E, 363, 363A, 364, 409 or 412 or chapter 32. violence means—

(a) an assault on, or injury to, a person; or

(b) a threat of an assault on, or an injury to, a person.

s 21M ins 2000 No. 43 s 47 amd 2008 No. 55 s 150 sch; 2016 No. 50 s 40 sch 1; 2017 No. 41 s 18; 2018 No. 23 s 30; 2019 No. 15 s 7; 2020 No. 32 s 45; 2023 No. 1 s 60 21N No cross-examination of protected witness by person charged A person charged may not cross-examine a protected witness in person. s 21N ins 2000 No. 43 s 47 21O Procedure for cross-examination of protected witness if person charged has no legal representative (1) This section applies if—

(a) a person charged does not have a legal representative for a proceeding; and

(b) the court rules that a person is a protected witness for the proceeding.

(2) The court must advise the person charged present before the court that—

(a) the person charged may not cross-examine the protected witness in person; and

(b) the court will arrange for the person charged to be given free legal assistance by Legal Aid for the cross-examination unless the person charged—

(i) arranges for legal representation; or

(ii) does not want the protected witness to be cross-examined.

(3) The court must also require the person charged to advise the court by a particular date or time the court considers reasonable if the person charged—

(a) has arranged for a legal representative to act for the person charged for the proceeding; or

(b) has arranged for a legal representative to act for the person charged for cross-examination of the protected witness; or

(4) If, by the particular date or time, the court has not received advice from the person charged under subsection (3) that the person charged has arranged for a legal representative or does not want the protected witness cross-examined, the court must make an order that the person charged be given free legal assistance by Legal Aid for the cross-examination of the protected witness by a lawyer. s 21O ins 2000 No. 43 s 47 21P Legal assistance for cross-examination of protected witness If a person charged is given legal assistance by Legal Aid because of an order under section 21O(4), the lawyer who cross-examines the protected witness for the person charged is the person’s legal representative for the purposes only of the cross-examination. s 21P ins 2000 No. 43 s 47 21Q Satisfaction of Criminal Code, section 616 (1) This section applies if a person charged who does not have a legal representative for the cross-examination of a protected witness refuses legal assistance, available because of an order under section 21O(4), to cross-examine the witness. (2) The Criminal Code, section 616 is taken to have been satisfied for the person charged in relation to cross-examination of the witness despite the person charged being unable to cross-examine the witness because of section 21N. s 21Q ins 2000 No. 43 s 47 21R Jury direction (1) This section applies if there is a jury and a person charged—

(a) does not have a legal representative other than for the cross-examination of a protected witness; or

(b) does not have a legal representative for the cross-examination of a protected witness.

(2) The court must give the jury any warning the court considers necessary to ensure the person charged is not prejudiced by any inference that might be drawn from the fact the person charged has been prevented from cross-examining the protected witness in person. s 21R ins 2000 No. 43 s 47 21S Orders, directions and rulings concerning protected witnesses The court may make any orders or give any directions or rulings it considers appropriate for the purposes of this division on the court’s own initiative or on an application made to the court by a party to the proceeding. s 21S ins 2000 No. 43 s 47 Part 3 Means of obtaining evidence Division 1 Commissions, requests and orders to examine witnesses 22 Commission, request or order to examine witnesses (1) The Supreme Court or a judge thereof, on application made under the Rules of the Supreme Court, shall have the same powers to issue a commission, request or order to examine witnesses for the purpose of civil proceedings in any court other than the Supreme Court as it or the judge has for the purpose of civil proceedings in the Supreme Court. (2) The Rules of the Supreme Court, with such adaptations as the circumstances may require, shall apply and extend to a commission, request or order to examine witnesses issued by authority of subsection (1) and to all proceedings taken thereunder as if the commission, request or order were issued by authority of those rules. (3) Subject to all just exceptions, the depositions taken upon the examination of a witness before an examiner by virtue of this section certified under the hand of the examiner are admissible in evidence, without proof of the signature to such certificate, unless it is proved that the witness is at the time of the hearing at which the depositions are offered in evidence within a convenient distance of the place of the hearing and able to attend. (4) The costs of proceedings taken by virtue of this section shall be costs in the cause, unless otherwise directed either by the judge issuing the commission, request or order or by the court for the purpose of whose proceedings the examination is conducted. s 22 amd 1995 No. 58 s 4 sch 1 23 Commission or order in criminal cases (1) In any criminal proceeding, if any witness is out of the jurisdiction of the Supreme Court or more than 400km from the intended place of trial or is from age or infirmity unable to attend the trial or if the testimony of any witness is in danger of being lost by reason of the age or infirmity of the witness or by reason of the witness being about to depart out of the jurisdiction or to some place beyond the said distance of 400km, the Supreme Court or a judge thereof may, on the application or with the consent of the Attorney-General or the Crown prosecutor as well as the person charged, but not otherwise, order—

(a) that any such witness within the jurisdiction of the Supreme Court be examined on oath, either viva voce or upon interrogatories or otherwise, before a specified officer of the court or other specified person; or

(b) that a commission issue for the examination of such witness on oath, either viva voce or upon interrogatories or otherwise, at any place in or out of the jurisdiction.

(2) The Supreme Court or a judge thereof may, at the same time or subsequently, give all such directions touching the time, place and manner of such examination, as well within the jurisdiction as without, and all other matters and circumstances connected with such examination as appear reasonable and just. (3) Subject to all just exceptions, the depositions taken upon the examination of a witness before an examiner by virtue of this section certified under the hand of the examiner are admissible in evidence, without proof of the signature to such certificate, unless it is proved that the witness is at the time of the hearing at which the depositions are offered in evidence within a convenient distance of the place of the hearing and able to attend. (4) Any person authorised by any order or commission under this section to take the examination of any witness shall take such examination upon the oath of such witness and may administer the necessary oaths to such witness. 24 Power of person appointed by foreign authority to take evidence and administer oaths (1) Subject to subsections (2) to (4), where an authority desires to take or receive evidence in Queensland, that authority may appoint a person to take or receive evidence in Queensland and a person so appointed has power to take or receive evidence in Queensland for that authority and for that purpose to administer an oath. (2) Where the authority is not a court or judge, a person so appointed has no power to take or receive evidence, or to administer an oath, in Queensland unless the person has first obtained the consent of the Attorney-General. (3) This section does not authorise the taking or receiving of evidence by a person so appointed in or for use in criminal proceedings. (4) In this section— authority means any court, judge, or person who, or body which, is authorised under the law of a place outside Queensland to take or receive evidence on oath or under any other sanction authorised by law in that place. s 24 amd 1981 No. 3 s 2 Division 2 Summary procedure to obtain evidence for Queensland or other jurisdictions 25 Definitions for div 2 In this division— corresponding court—

(a) in relation to a court or person acting judicially in a prescribed country—means the court or person acting judicially in Queensland declared by regulation to be the court or person in Queensland that corresponds to that court or person in the prescribed country; and

(b) in relation to a court or person acting judicially in Queensland—means the court or person acting judicially in a prescribed country declared by regulation to be the court or person in a prescribed country that corresponds to that court or person in Queensland.

examiner means a judge, magistrate, clerk of a Magistrates Court or any duly qualified legal practitioner. prescribed country means any State or Territory of the Commonwealth, New Zealand and any other State, Territory or country that is declared by regulation to be a prescribed country for the purposes of this division. s 25 amd 1995 No. 58 s 4 sch 1 26 Power of Queensland court to request corresponding court in a prescribed country to take evidence for use in Queensland court (1) Where a court or person acting judicially in Queensland is authorised by or under any Act or law to authorise or order evidence to be taken otherwise than at the hearing of the legal proceedings in respect of which the evidence is required, that court or person may on the application of a person who desires to lead evidence, if it or the person is satisfied that it is necessary in the interests of justice, request a corresponding court to order the examination of a witness or the production of documents by a person or both such examination and production. (2) Any deposition received from a corresponding court which purports to have been signed by the deponent and the examiner or to have been certified as a correct record by the examiner may, subject to all just exceptions, be put in as evidence at the hearing of the legal proceedings and any documents received from a corresponding court may, subject to all just exceptions, be put in at the hearing as if produced at the hearing by the person who produced the documents pursuant to the order of the corresponding court. (3) A court or person acting judicially shall take judicial notice of the seal of a corresponding court and of the signature of any examiner appointed by a corresponding court. 27 Power to take evidence on request from corresponding court of a prescribed country (1) Where by or under any Act or law of a prescribed country provision is made for the evidence of any person that is required in connection with any legal proceedings to be taken otherwise than at the hearing of those proceedings by a court or person acting judicially, a court or person acting judicially in Queensland that is a corresponding court to a court or person acting judicially in the prescribed country before which or whom legal proceedings are being held may, upon receipt of a request in writing from that court or person in the prescribed country, make an order for the examination of a witness and the production of documents by a person or both for such examination or production before an examiner named in the order at a time and place specified in the order. (2) The order shall require reasonable notice to be given by post to each party to the legal proceedings at the party’s address as shown in the request of the time when and place where the examination is to take place or the documents are to be produced. 28 Summons of witnesses Upon service on a person of an order requiring the person to attend for examination or to produce documents, together with the payment or tender of a reasonable sum for expenses, the person shall attend at the time and place appointed and shall have and be subject to the same rights and liabilities as if the person were summoned before the court or person by which or whom the order was made. 29 Examination (1) Subject to any directions contained in the order for examination—

(a) a person ordered to be examined before the examiner may be cross-examined and re-examined; and

(b) the examination, cross-examination and re-examination of persons before the examiner shall be conducted in like manner as they would have been conducted before the court or person acting judicially who made the order for the examination.

(2) The examiner may put any question to a person examined before the examiner as to the meaning of any answer made by that person or as to any matter arising in the course of the examination. (3) An examiner shall have and may exercise such of the powers of the court or person acting judicially by whom the examiner was appointed as are necessary for the proper exercise of the examiner’s functions under this division and may administer oaths and adjourn the examination from time to time as the examiner thinks fit. 30 Objections (1) If a person being examined before an examiner objects to answering any question put to the person, or if objection is taken to any such question that question, the ground for the objection and the answer to any such question to which objection is taken shall be set out in the deposition of that person or any statement annexed thereto. (2) The validity of the ground for objecting to answer any such question or for objecting to such question shall not be determined by the examiner but by the corresponding court at whose request the examination is being conducted. 31 Depositions to be signed (1) Where pursuant to an order for examination—

(a) a witness has given evidence to the examiner, the depositions of the witness shall be signed by the witness and by the examiner or where the witness refuses to sign or requires alterations that the examiner considers to be unjustified the depositions shall be signed by the examiner who shall certify that the depositions are a correct record and the reasons for them not being signed by the witness;

(b) documents have been produced to the examiner by a person not giving evidence, the examiner shall attach to such documents a certificate signed by the examiner stating the name of that person.

(2) All depositions and documents taken before or produced to the examiner pursuant to any such order shall be delivered by the examiner to the court or person by which or whom the order was made for transmission to the corresponding court. 32 Power of Queensland court to transmit requests to other places Where a court or person acting judicially in Queensland receives a request from a corresponding court for the examination of a witness or the production of documents by a person and it appears to the court or person acting judicially that the witness or person is not in Queensland and is not proceeding to Queensland but is in or proceeding to another country that is a prescribed country under the law of the country of the corresponding court the court—

(a) may transmit the request to a corresponding court in that other prescribed country together with such information as it or the person possesses concerning the whereabouts and intended movements of the person;

(b) shall give notice to the corresponding court from which it received the request that the documents have been so transmitted.

33 Saving as to personal attendance Nothing in this division limits or abridges the power of a court or a person acting judicially to require a witness to attend in person before the court or person. 34 s 34 om 1993 No. 76 s 3 sch 1 Division 3 General procedure to obtain evidence for other jurisdictions 35 Definitions for div 3 In this division— civil proceedings, in relation to a requesting court, means proceedings in any civil or commercial matter. overseas country means a country, or part of a country, outside the Commonwealth. request includes any commission, order or other process issued by or on behalf of a requesting court. requesting court has the meaning given to it in section 36. s 35 amd 1995 No. 58 s 4 sch 1 35A Application of division to Crown Nothing in this division shall be construed as enabling any court to make an order that is binding on the Crown or on any person in the person’s capacity as an officer or servant of the Crown. s 35A (prev s 35(2)) renum 1995 No. 58 s 4 sch 1 36 Application to Supreme Court to obtain evidence for civil proceedings in another jurisdiction Where an application by way of originating summons is made to the Supreme Court or a judge thereof for an order for evidence to be obtained in the State, and the court or judge is satisfied—

(a) that the application is made in pursuance of a request issued by or on behalf of a court or tribunal (the requesting court) exercising jurisdiction in a State or Territory of the Commonwealth other than Queensland or in an overseas country; and

(b) that the evidence to which the application relates is to be obtained for the purposes of civil proceedings which either have been instituted before the requesting court or whose institution before that court is contemplated;

the court or judge shall have the powers conferred by the following provisions of this division. 37 Power of Supreme Court to give effect to application to obtain evidence (1) The Supreme Court or a judge thereof on an application under section 36 shall have power by order to make such provision for obtaining evidence in the State as may appear to be appropriate for the purpose of giving effect to the request in pursuance of which the application is made, and any such order may require a person specified therein to take such steps as the court or judge may consider appropriate for that purpose. (2) Without prejudice to the generality of subsection (1), an order under this section may make provision—

(a) for the examination of witnesses, either orally or in writing; and

(b) for the production of documents; and

(d) for the taking of samples of any property and the carrying out of any experiments on or with any property; and

(e) for the medical examination of any person.

(3) An order under this section shall not require any particular steps to be taken unless they are steps which can be required to be taken by way of obtaining evidence for the purposes of civil proceedings in the Supreme Court (whether or not proceedings of the same description as those to which the application for the order relates), but this subsection shall not preclude the making of an order requiring a person to give testimony (either orally or in writing) otherwise than on oath where this is asked for by the requesting court. (4) An order under this section shall not require a person—

(a) to state what documents relevant to the proceedings to which the application for the order relates are or have been in the person’s possession or power; or

(b) to produce any documents other than particular documents specified in the order as being documents appearing to the court making the order to be, or to be likely to be, in the person’s possession or power.

(5) A person who, by virtue of an order under this section, is required to attend at any place shall be entitled to the like conduct money and payment for expenses and loss of time as on attendance as a witness in civil proceedings before the Supreme Court. (6) An order under this section may be enforced in the same manner as if it were an order made by the Supreme Court or a judge thereof in proceedings pending in the Supreme Court or before the judge. 38 Privilege of witnesses (1) A person shall not be compelled by virtue of an order under section 37 to give any evidence which the person could not be compelled to give—

(a) in civil proceedings in the State; or

(b) subject to subsection (2), in civil proceedings in the State or Territory of the Commonwealth or the overseas country in which the requesting court exercises jurisdiction.

(2) Subsection (1)(b) shall not apply unless the claim of the person in question to be exempt from giving the evidence is either—

(a) supported by a statement contained in the request (whether it is so supported unconditionally or subject to conditions that are fulfilled); or

(b) conceded by the applicant for the order;

and where such a claim made by any person is not supported or conceded as aforesaid the person may (subject to the other provisions of this section) be required to give the evidence to which the claim relates but that evidence shall not be transmitted to the requesting court if that court, on the matter being referred to it, upholds the claim. (3) In this section, references to giving evidence include references to answering any question and to producing any document and the reference in subsection (2) to the transmission of evidence given by a person shall be construed accordingly. 39 Judicial proceedings for the purposes of the Criminal Code Proceedings wherein a person gives or is required to give any testimony (either orally or in writing) pursuant to an order under section 37 shall be a judicial proceeding for the purposes of the Criminal Code, chapter 16 whether or not the testimony is given or required to be given on oath or under any other sanction authorised by law. 40 s 40 om 1995 No. 58 s 4 sch 1 Part 3A Audio visual links and audio links pt 3A hdg ins 1999 No. 65 s 4 Division 1 Preliminary pt 3A div 1 hdg ins 1999 No. 65 s 4 39A Purposes of pt 3A The purposes of this part are—

(a) to provide for Queensland to participate in a substantially uniform interstate scheme for the taking or receiving of evidence, and the making or receiving of submissions, from or in participating States; and

(b) to facilitate the giving and receiving of evidence, and the making and receiving of submissions, in Queensland court proceedings, by audio visual link or audio link.

s 39A ins 1999 No. 65 s 4 39B Application of pt 3A (1) This part applies to a proceeding whether commenced before or after the commencement of this part. (2) This part does not limit any law of the State that makes provision for—

(a) the use of audio visual links or audio links; or

(b) the taking of evidence, or the making of submissions, in or outside the State for the purpose of a proceeding in the State.

(3) In particular, this part does not affect a prohibition under another Act on the making of an order about the use of an audio visual link or audio link without the consent of all parties to a proceeding. (4) This part does not authorise a defendant in a criminal proceeding before a Queensland court to appear before, or give evidence or make a submission to the court by audio visual link or audio link unless expressly authorised by any of the following—

(a) the Criminal Code, section 597C(4);

(b) the District Court of Queensland Act 1967, section 110C;

(d) the Penalties and Sentences Act 1992, section 15A;

(e) the Supreme Court of Queensland Act 1991, section 80;

(f) the Youth Justice Act 1992, section 53 or 159.

s 39B ins 1999 No. 65 s 4 amd 2002 No. 39 s 152; 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115, 118); 2009 No. 34 s 45 (1) sch pt 1 amdt 17; 2013 No. 64 s 73 39C Definitions for pt 3A In this part— audio link means facilities, including telephone, that enable reasonably contemporaneous and continuous audio communication between persons at different places. audio visual link ... s 39C def audio visual link om 2003 No. 55 s 61 before, a court, includes in a court. court location means the courtroom, or other place, where the court is sitting. external location, for a court, means the location, external to the court location—

(a) in or outside Queensland or Australia from which evidence or a submission is being, is to be, or has been taken or made by audio visual link or audio link under this part; or

(b) for the application of this part under the Criminal Code, section 597C—at which an accused person is being, is to be, or has been arraigned; or

(c) for the application of this part under the Youth Justice Act 1992, section 159 or the Penalties and Sentences Act 1992, section 15A—at which an offender or a child is being, is to be, or has been sentenced.

s 39C def external location amd 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115, 118); 2009 No. 34 s 45 (1) sch pt 1 amdt 17; 2013 No. 64 s 74 participating State means another State in which provisions of an Act of that State in terms that substantially correspond to divisions 2 and 3 are in force. Queensland court means—

(a) the Supreme Court, the District Court or a Magistrates Court; or

(b) the Coroners Court; or

(d) another tribunal declared under a regulation to be a court for this part.

s 39C def Queensland court amd 2003 No. 13 s 106 sch 1 recognised court means a court or tribunal of a participating State that is authorised by the provisions of an Act of that State in terms substantially corresponding to divisions 2 and 3 to direct that evidence be taken or submissions be made by audio visual link or audio link from Queensland. tribunal means a body or person that may take evidence on oath. s 39C ins 1999 No. 65 s 4 Division 2 Use of interstate audio visual links or audio links in proceedings before Queensland courts pt 3A div 2 hdg ins 1999 No. 65 s 4 39D Application of div 2 This division applies to any proceeding, including a criminal proceeding, before a Queensland court. s 39D ins 1999 No. 65 s 4 39E State courts may take evidence and submissions from outside State (1) The court may, on the court’s own initiative or on the application of a party to a proceeding before the court, direct that evidence be taken or submissions be made by audio visual link or audio link from a participating State. Note— See division 3A in relation to expert witnesses giving evidence by audio visual link or audio link. (2) The court may exercise in the participating State, in connection with taking evidence or receiving submissions by audio visual link or audio link, any of its powers that the court may be permitted, under the law of the participating State, to exercise in the participating State. s 39E ins 1999 No. 65 s 4 amd 2003 No. 13 s 106 sch 1; 2014 No. 39 s 49 39F 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 barrister or solicitor or both in relation to the following—

(a) the examination-in-chief, cross-examination or re-examination of a witness in the participating State whose evidence is being given by audio visual link or audio link in a proceeding before the court;

(b) making of submissions by audio visual link or audio link from the participating State in a proceeding before the court.

s 39F ins 1999 No. 65 s 4 Division 3 Use of interstate audio visual links or audio links in proceedings in participating States pt 3A div 3 hdg ins 1999 No. 65 s 4 39G Application of div 3 This division applies to any proceeding, including a criminal proceeding, before a recognised court. s 39G ins 1999 No. 65 s 4 39H Recognised courts may take evidence or receive submissions from persons in Queensland The court may, for a proceeding before it, take evidence or receive submissions, by audio visual link or audio link, from a person in Queensland. s 39H ins 1999 No. 65 s 4 39I Powers of recognised courts (1) The court may, for the proceeding, exercise in Queensland, in connection with taking evidence or receiving submissions by audio visual link or audio link, any of its powers other than 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 to the practice and procedure of the court in taking evidence or receiving submissions by audio visual link or audio link from a person in Queensland. (3) For the purposes of the court exercising its powers in Queensland, the external location in Queensland is taken to be part of the court location. s 39I ins 1999 No. 65 s 4 39J Orders made by recognised court Without limiting section 39I, the court may, by order—

(a) direct that the proceeding, or a part of the proceeding, be conducted in private at the external location in Queensland; and

(b) require a person to leave the external location in Queensland; and

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

s 39J ins 1999 No. 65 s 4 39K Enforcement of order (1) An order under section 39J must be complied with. (2) Subject to rules of court made under the Supreme Court of Queensland Act 1991, the order may be enforced by the Supreme Court as if the order were an order of that court. (3) Without limiting subsection (2), a person who contravenes the order—

(a) is taken to be in contempt of the Supreme Court; and

(b) is punishable accordingly;

unless the person establishes that the contravention should be excused. s 39K ins 1999 No. 65 s 4 39L Privileges, protection and immunity of participants in proceedings before recognised court (1) A judge or other person presiding at or otherwise taking part in a judicial capacity in the proceeding before the court has, in connection with evidence being taken or submissions being received by audio visual link or audio link from the external location in Queensland, the same privileges, protection and immunity as a Supreme Court judge. (2) A person appearing as a legal practitioner in the proceeding before the court has, in connection with evidence being taken or submissions being received by audio visual link or audio link from the external location in Queensland, the same protection and immunity as a barrister appearing before the Supreme Court. (3) A person at the external location in Queensland appearing as a witness in the proceeding before the court by audio visual link or audio link has the same protection and immunity as a witness in a proceeding before the Supreme Court. s 39L ins 1999 No. 65 s 4 39M Recognised court may administer oath in the State (1) The court may administer an oath or affirmation in accordance with its practice and procedure for the purpose of obtaining the testimony of a person in Queensland by audio visual link or audio link in the proceeding. (2) Evidence given on the oath or affirmation is taken to be given in a Queensland judicial proceeding for the purposes of Queensland law. s 39M ins 1999 No. 65 s 4 39N Assistance to recognised court An officer of a Queensland court may, if asked by the recognised court, do any of the following things for the proceeding—

(a) attend at the external location in Queensland;

(b) take the action the recognised court directs to facilitate the proceeding;

s 39N ins 1999 No. 65 s 4 39O Contempt of recognised court A person must not, in connection with evidence or a submission that is to be, is being, or has been given or made at the external location in Queensland in the proceeding before the court, do any of the following things—

(a) assault, in Queensland—

(i) a witness in the proceeding; or

(ii) a person appearing in the proceeding as a legal practitioner; or

(iii) an officer of a Queensland court giving assistance under section 39N;

(b) deliberately interrupt or obstruct the court;

(d) attempt to influence improperly anyone in connection with the proceeding;

(e) deliberately and without lawful excuse, disobey an order or direction given by the court to regulate conduct happening while evidence is being given or a submission is being made by audio visual link or audio link;

(f) do anything in connection with the proceeding that would be a contempt of court if the thing done were done in, or in relation to, a Queensland judicial proceeding.

Maximum penalty—imprisonment for 3 months. s 39O ins 1999 No. 65 s 4 39P Double jeopardy (1) This section applies to a person who does an act or makes an omission that is an offence both—

(a) under this part; and

(b) under a law of a participating State.

(2) The person must not be prosecuted or punished under this part for the offence if the person has been prosecuted or punished under the law of the participating State for the offence. s 39P ins 1999 No. 65 s 4 Division 3A Use of audio visual links or audio links for expert witnesses pt 3A div 3A hdg ins 2014 No. 39 s 50 39PA Application of div 3A This division applies to any proceeding, including a criminal proceeding, before a Queensland court. s 39PA ins 2014 No. 39 s 50 39PB Expert witnesses to give evidence by audio visual link (1) This section applies if a person is called to give evidence as an expert witness in the proceeding. (2) Subject to subsection (3) and any rules of the court, the person is to give the evidence to the court by audio visual link. (3) The court may, on its own initiative or on the application of a party to the proceeding, direct that the person is to give oral evidence to the court other than by audio visual link if the court is satisfied it is in the interests of justice to give the direction. (4) In deciding whether it is in the interests of justice to give a direction under subsection (3), the court may have regard to the following matters—

(a) the nature and scope of the evidence the person is to give in the proceedings;

(b) whether the use of audio visual link is likely to affect the court’s or a jury’s ability to assess the credibility or reliability of the person or the person’s evidence;

(d) any submission made to the court by the person or any party to the proceedings about the way in which the person should give evidence.

(5) Subsection (4) does not limit the matters the court may have regard to in deciding whether it is in the interests of justice to make a direction under subsection (3). (6) The court may, at any time, vary or revoke a direction made under this section on its own initiative or on the application of a party to the proceeding. (7) The court must not give the person’s evidence any more or less weight, or draw any adverse inferences against a party to the proceeding, only because the person gave the evidence by audio visual link. s 39PB ins 2014 No. 39 s 50 amd 2024 No. 5 s 75 39PC Direction to jury if expert witness gives evidence by audio visual link or audio link (1) This section applies if—

(a) a person gives evidence in the proceeding as an expert witness; and

(b) the evidence is given by audio visual link under section 39PB or by audio link; and

(2) The court must direct the jury not to give the person’s evidence any more or less weight, or draw any adverse inferences against a party to the proceeding, only because the person gave the evidence by audio visual link or audio link. s 39PC ins 2014 No. 39 s 50 amd 2024 No. 5 s 76 Division 4 General provisions about the use of audio visual links or audio links pt 3A div 4 hdg ins 1999 No. 65 s 4 39Q Application of div 4 (1) This division applies to any proceeding, including a criminal proceeding, before a Queensland court. (2) This division does not limit, and is not limited by, division 2, 3 or 3A. s 39Q ins 1999 No. 65 s 4 amd 2014 No. 39 s 51 39R Queensland courts may take evidence and submissions from external location (1) Subject to any rules of the court, the court may, on the application of a party to the proceeding before the court, direct that a person appear before, or give evidence or make a submission to, the court by audio visual link or audio link from a location inside or outside Queensland, including a location outside Australia. (2) The court may, at any time, vary or revoke a direction made under this section on its own initiative or on the application of a party to the proceeding. Note— See division 3A in relation to expert witnesses giving evidence by audio visual link or audio link. s 39R ins 1999 No. 65 s 4 amd 2014 No. 39 s 52 39S Failure of the link If an audio visual link or audio link fails in the proceeding, the court may adjourn the proceeding, or make another appropriate order, as if a person present at the external location were at the court location. s 39S ins 1999 No. 65 s 4 39T Expenses The court may make the orders it considers just for payment of expenses incurred in connection with taking evidence or making submissions by audio visual link or audio link. s 39T ins 1999 No. 65 s 4 39U External location to be considered part of Queensland court location (1) An external location in the proceeding before the court is taken to be part of the court location in the proceeding for all purposes relating to a Queensland law for the administration of justice. (2) In this section— a law for the administration of justice includes a law about any of the following—

(a) compulsory attendance at court;

(b) punishment for failing to attend at court;

(d) evidence, including compellability to give evidence;

(e) perjury, contempt, procedure, privileges, protection or immunities.

law includes any written or unwritten law, and a rule, practice or procedure of the court. s 39U ins 1999 No. 65 s 4 39V Witness outside Queensland—when compellable If the external location from which a witness giving evidence by audio visual link or audio link in the proceeding is outside Queensland, the witness is compellable to give evidence only to the extent the witness—

(a) would be compellable to give the evidence if present in Queensland; and

(b) would be compellable to give the evidence in court proceedings under the law of the place from which the evidence is given.

s 39V ins 1999 No. 65 s 4 39W Administration of oaths and affirmations An oath or affirmation may be sworn for giving testimony by audio visual link or audio link—

(a) over the link in a way that is as near as practicable to the way the witness could be sworn at the court location; or

(b) by a person at the external location in accordance with the court’s direction.

s 39W ins 1999 No. 65 s 4 39X Testimony from outside Australia other than on oath (1) This section applies if the external location is in a country other than Australia and an oath is not allowed under the law of the country. (2) The evidence may be given otherwise than on oath under a caution or admonition that would be accepted by a court in that country for the purpose of giving evidence in the court. (3) The probative value of the evidence given under subsection (2) is not diminished merely because the evidence is not given on oath. (4) A person giving the evidence under subsection (2) is liable to be convicted of perjury as if the evidence were given on oath. s 39X ins 1999 No. 65 s 4 39Y Putting documents to a person at an external location (1) If in the course of examination of a person by audio visual link or audio link it is necessary to put a document to the person, the court may permit the document to be put to the person—

(a) if the document is at the court location—by sending a copy of it to the external location in any way and the copy then put to the person; or

(b) if the document is at the external location—by putting it to the person and then sending it to the court location in any way.

(2) A document put to a person under subsection (1) is admissible as evidence without proof that the transmitted copy is a true copy of the relevant document. s 39Y ins 1999 No. 65 s 4 39Z Extension of rule-making power If there is a power under another Act to make rules for the court, the power includes a power to make rules, not inconsistent with this part, that are necessary or convenient for carrying out or giving effect to this part. s 39Z ins 1999 No. 65 s 4 Part 4 Judicial notice of seals, signatures and legislative enactments 41 Public Seal of the State All courts shall take judicial notice of the impression of the Public Seal of the State without evidence of such seal having been impressed or any other evidence relating thereto. s 41 amd 2001 No. 80 s 94 sch 2 42 Signatures of holders of public offices etc. to be judicially noticed (1) Judicial notice must be taken of—

(a) the signature of a person who is or has been the holder of a public office; and

(b) the fact that the person holds or has held the office.

(2) For subsection (1), the following offices are public offices—

(a) the office of Governor;

(b) the office of a Minister;

(d) the office of an official of a court;

(e) the office of a justice of the peace or commissioner for declarations;

(f) another office of a public nature established under an Act;

(g) an office prescribed under an Act for this section.

(3) Schedule 1 provides examples of offices of a public nature established under an Act. (4) This section is in addition to, and does not limit, the common law, another provision of this Act or a provision of another Act. s 42 amd 1993 No. 76 s 3 sch 1 sub 1995 No. 51 s 4 sch 42A Certain seals to be judicially noticed etc. (1) Judicial notice must be taken of the imprint of any seal of an office or entity established under an Act, and a document on which the imprint appears must be presumed to have been properly sealed unless the contrary is established. (2) This section is in addition to, and does not limit, the common law, another provision of this Act or a provision of another Act. s 42A ins 1995 No. 51 s 4 sch 43 Acts and statutory instruments to be judicially noticed Judicial notice must be taken of the following—

(a) every Act;

(b) every statutory instrument;

(c) the time when every Act or statutory instrument commenced, and every provision of every Act or statutory instrument commenced;

(d) when every Act was assented to;

(e) when and by whom every item of subordinate legislation was made, approved, confirmed or otherwise consented to;

(f) when and how every item of subordinate legislation was notified;

(g) when every item of subordinate legislation was laid before the Legislative Assembly;

(h) every official copy of Queensland legislation.

s 43 sub 1993 No. 76 s 3 sch 1; 1995 No. 51 s 4 sch amd 2013 No. 39 s 58 43A Administrative arrangements to be judicially noticed Judicial notice must be taken of the administrative arrangements set out in an order published in the gazette and purportedly made under the Constitution of Queensland 2001, section 44. s 43A ins 2001 No. 80 s 94 sch 2 Part 5 Proof of documents and other matters Division 1 Proof of official and judicial documents and matters 44 Proof by purported certificate, document etc. Where by a law in force in Queensland—

(a) a certificate; or

(b) an official or public document; or

(d) a copy of, or extract from, a document;

is admissible in evidence for any purpose, a document purporting to be the certificate, document, copy or extract shall, unless the contrary intention appears, be admissible in evidence to the same extent and for the same purpose provided that it purports to be authenticated in the manner (if any) directed by that law. 45 Proof of gazette The production of a document purporting to be the gazette shall be evidence that the document is the gazette and was published on the day on which it bears date. 46 Proof regarding government printer, parliamentary counsel and Legislative Assembly (1) The production of a document purporting to be printed by the government printer or by the authority of the Government of the State is evidence the document was printed by the government printer or by that authority. (2) The production of a document purporting to be authorised by the parliamentary counsel is evidence that the document was authorised by the parliamentary counsel. (3) The production of a document purporting to be published under the authority of the Legislative Assembly is evidence the document was published under that authority. s 46 amd 1995 No. 51 s 4 sch; 2013 No. 39 s 59 46A Presumption of accuracy of official copy of Queensland legislation (1) An official copy of Queensland legislation is, in the absence of evidence to the contrary, taken to correctly show—

(a) for Queensland legislation other than a reprint—the legislation as at the relevant date; or

(b) for a reprint—the law in force included in the reprint as at the relevant date.

(2) The date of assent appearing in an official copy of an Act or a reprint of an Act is, in the absence of evidence to the contrary, evidence of the date of assent. (3) A statement of any of the following matters appearing in an official copy of subordinate legislation or a reprint of subordinate legislation is, in the absence of evidence to the contrary, evidence of the matter—

(a) when and by whom the subordinate legislation was made;

(b) when and how the subordinate legislation was notified;

(d) that the subordinate legislation was disallowed and the date of the disallowance.

(4) A document purporting to be a copy of, or extract from, an official copy of Queensland legislation is, in the absence of evidence to the contrary, taken to be a correct copy of, or extract from, the official copy. (5) For an official copy of a reprint authorised under the Legislative Standards Act 1992, section 10A, extract from the copy, for subsection (4), includes a document containing—

(a) 1 or more pages of the copy; and

(b) a page of the copy containing the note mentioned in section 10A(2) of that Act.

(6) In this section— made, for subordinate legislation, means made, approved, confirmed or otherwise consented to. relevant date, for an official copy of Queensland legislation, means—

(a) for an Act as passed, or an agreement or other instrument in or attached to the Act—the day the Act was assented to; or

(b) for subordinate legislation as made, or an agreement or other instrument in or attached to the subordinate legislation—the day the subordinate legislation was made; or

(c) for an agreement or other instrument not mentioned in paragraph (a) or (b) that has not been amended—the day the agreement or other instrument came into the same force of law as an Act or subordinate legislation; or

(d) for a reprint—the day or days, however described or identified in the official copy, for which the law included in the copy is or was the law in force.

s 46A (prev s 46(2)–(3)) renum 1995 No. 51 s 4 sch amd 1995 No. 58 s 4 sch 1 sub 2013 No. 39 s 60 46B Court or tribunal may inform itself about Act or statutory instrument (1) A court or tribunal may inform itself about an Act or statutory instrument in any way it considers appropriate. Examples of ways that may be appropriate—

1 using an electronic version of an Act as available on the internet or on a CD–ROM other than a reprint of the Act authorised under the Legislative Standards Act 1992, section 10A

2 using a printed copy of an Act in a publication other than a reprint of the Act authorised under the Legislative Standards Act 1992, section 10A

(2) However, the court or tribunal must consider whether the document or source it intends to consult appears to be a reliable source of information. (3) Subsection (1) does not limit any law providing for a way in which a court or tribunal may be informed about an Act or statutory instrument, including any other provision of this Act or the Reprints Act 1992. s 46B ins 2000 No. 58 s 2 sch amd 2013 No. 39 s 61 47 Proof of Legislative Assembly’s proceedings or legislative material (1) A document purporting to be a copy of an official record of proceedings in the Legislative Assembly printed by the government printer or published under the authority of the Legislative Assembly is, on its production, evidence of the record. Note— See also the Parliament of Queensland Act 2001, section 57. (2) A document purporting to be a copy of legislative material printed by the government printer, authorised by the parliamentary counsel or published under the authority of the Legislative Assembly is, on its production, evidence of the legislative material. (3) In this section— legislative material includes—

(a) a Bill, an amendment of a Bill or an explanatory note for a Bill, introduced into, moved in, tabled in, or circulated to members of, the Legislative Assembly; or

(b) an explanatory note or regulatory impact statement for subordinate legislation.

regulatory impact statement means a regulatory impact statement prepared under—

(a) the Statutory Instruments Act 1992, part 5 as in force from time to time before its repeal by the Fiscal Repair Amendment Act 2012; or

(b) guidelines, for a regulatory impact statement system, approved by the Treasurer.

s 47 amd 1995 No. 51 s 4 sch; 2012 No. 25 s 195 sch; 2013 No. 39 s 62 48 Proof of particular instruments (1) This section applies to an instrument made—

(a) by the Governor or Governor in Council; or

(b) by or under the authority of a Minister or of a public entity.

(2) Evidence of the instrument may be given by producing any of the following documents—

(a) the gazette purporting to contain it;

(b) a document purporting to be a copy of it and purporting to be printed by or under the authority of the government printer;

(c) for an instrument made by the Governor or Governor in Council—a copy or extract purporting to be certified as a true copy or extract by the clerk of the Executive Council;

(d) for an instrument made by or under the authority of a Minister—a copy or extract purporting to be certified as a true copy or extract by a Minister.

(3) If the document states any of the following matters about the instrument, the document is evidence of the matter—

(a) who made it, or under whose authority it was made;

(b) when it was made;

(d) when it was tabled in the Legislative Assembly.

(4) In this section— made means made, approved, confirmed or otherwise consented to. public entity means an agency, authority, commission, corporation, instrumentality, office, or other entity, established under an Act or under State authorisation for a public or State purpose. s 48 amd 1995 No. 51 s 4 sch sub 2013 No. 39 s 63 49 Proof of standard rules, codes and specifications If an Act or statutory instrument adopts by way of reference, wholly or in part, any of the standard rules, codes or specifications of the bodies known as the Standards Association of Australia, Standards Australia, the British Standards Institution or other body expressly or impliedly identified in the Act, evidence of any such standard rule, code or specification may be given—

(a) by the production of a document purporting to be a copy of it and purporting to be published by or on behalf of the Standards Association of Australia, Standards Australia, the British Standards Institution or other body concerned; or

(b) by the production of a document purporting to be a copy of it and purporting to be printed by the government printer or by the authority of the Government of the State.

s 49 amd 1995 No. 51 s 4 sch; 2000 No. 58 s 2 sch 50 Proof of act done by Governor or Minister Where by any law at any time in force the Governor or the Governor in Council or a Minister is authorised or empowered to do any act, production of the gazette purporting to contain a copy or notification of any such act shall be evidence of such act having been duly done. 51 Proof of public documents Where a document is of such a public nature as to be admissible in evidence on its mere production from proper custody, a copy of or extract from the document shall be admissible in evidence if—

(a) it is proved to be an examined copy or extract; or

(b) it purports to be certified as a true copy or extract under the hand of a person described in the certificate as the person to whose custody the original is entrusted.

52 Proof of registers of British vessels etc. (1) Every register of a vessel kept under any of the Acts relating to the registry of British vessels may be proved by the production of—

(a) the original; or

(b) an examined copy of the original; or

(2) A person having the charge of the original of such register is required to furnish such certified copy to any person applying at a reasonable time for the same upon payment of such fee (if any) as is prescribed by law. (3) Every—

(a) such register or such copy of a register; and

(b) certificate of registry granted under any of the said Acts relating to the registry of British vessels and purporting to be signed as required by law;

shall be admissible in evidence of—

(c) all the matters contained or recited in such register when the register or such copy of the register is produced; and

(d) all the matters contained recited in or endorsed on such certificate of registry when the said certificate is produced.

53 Proof of judicial proceedings (1) Where it is sought to prove any of the following matters—

(a) a judgment, decree, rule, conviction, acquittal, sentence or other order, process, act or decision of any court;

(b) an affidavit, pleading, will, codicil, indictment or other legal document filed, deposited or presented in any court;

evidence of such matter and, as the case may be, of any particulars relating thereto may be given by the production of—

(d) the original of the order, process, act, decision or document; or

(e) a document proved to be an examined copy of the order, process, act, decision or document; or

(f) a document purporting to be a copy of the order, process, act, decision or document and to be sealed with the seal of the court; or

(g) a certificate showing such matter and such particulars and purporting to be under the hand of—

(i) a registrar of the court; or

(ii) a person having the custody of the records or documents of the court; or

(iii) any other proper officer of the court; or

(iv) a deputy of such registrar, person or officer.

(2) In this section— court means any court of Queensland, of the Commonwealth or of any other State or Territory. 54 Proof of identity of a person convicted (1) If a person (the alleged offender) is alleged to have been convicted in Queensland, the Commonwealth or another State or Territory of an offence, an affidavit that complies with subsection (2) is proof, unless the contrary is proved, the alleged offender—

(a) has been convicted of an offence stated in the affidavit under subsection (2)(c)(iii); and

(b) is the person who is referred to as having been convicted in a certificate of conviction exhibited to the affidavit under subsection (2)(b).

(2) The affidavit must—

(a) purport to be made by an expert; and

(b) exhibit a certificate of conviction for the offence the alleged offender is alleged to have been convicted of; and

(i) the expert’s field of expertise;

(ii) the process and evidence used by the expert to determine the identity of the alleged offender based on available identifying records;

(iii) any offence that, based on the results of the expert’s determination mentioned in subparagraph (ii), a police record states the alleged offender has been convicted of;

(iv) that, based on the results of the expert’s determination mentioned in subparagraph (ii), and the police record mentioned in subparagraph (iii), the expert believes that the alleged offender is the person who is referred to as having been convicted in the certificate of conviction exhibited to the affidavit under subsection (2)(b).

(3) If a party to a proceeding intends to rely on the affidavit (the relying party), the party must give a copy of the affidavit to each other party to the proceeding—

(a) at least 10 business days before the hearing day; or

(b) if, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a)—by a later date allowed by the court.

(4) If a party to the proceeding, other than the relying party, intends to challenge a matter stated in the affidavit, the party must give the relying party notice in writing of the matter to be challenged—

(a) at least 3 business days before the hearing day; or

(b) if subsection (3)(b) applies and, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a)—by a later date allowed by the court.

(5) If a party to the proceeding (the notifying party) gives the relying party a notice under subsection (4), then, unless the notifying party otherwise agrees, the relying party must ensure that the expert is available at the hearing of the proceeding for cross-examination on the affidavit. (6) In this section— certificate of conviction, for an offence, means a document purporting to be the certificate of conviction, or a certified copy of the certificate of conviction, for the offence. corresponding law, in relation to a provision of a Queensland law, means a law of the Commonwealth or another State or Territory corresponding, or substantially corresponding, to the provision. DNA sample see the Police Powers and Responsibilities Act 2000, schedule 6. expert means a person who is qualified to give opinion evidence as an expert witness in relation to the identity of a person based on the type of identifying records used by the expert to determine the identity of the alleged offender under subsection (2)(c)(ii). hearing day means the day fixed for the start of the hearing of the proceeding. identifying particulars see the Police Powers and Responsibilities Act 2000, schedule 6. identifying records, of a person, means—

(a) any identifying particulars of the person taken under the Police Powers and Responsibilities Act 2000, chapter 17, part 4 or a corresponding law; or

(b) the results of a DNA analysis performed, under the Police Powers and Responsibilities Act 2000, chapter 17, part 5 or a corresponding law, on a DNA sample taken from the person under that part or a corresponding law; or

(c) a DNA sample taken from the person under the Police Powers and Responsibilities Act 2000, chapter 17, part 5 or a corresponding law.

party, to a proceeding, means—

(a) for a criminal proceeding—the prosecutor and each accused person; or

(b) for a civil proceeding—each person who is a party to the proceeding; or

s 54 amd 1995 No. 58 s 4 sch 1; 2006 No. 26 s 110 sub 2013 No. 14 s 53 55 Proof of incorporation or registration of company in Queensland (1) Evidence of the incorporation or registration of a company within the meaning of the Corporations Act that is taken to be registered in Queensland may be given by the production of—

(a) a certificate of the incorporation or registration of the company that purports to be given by the Australian Securities and Investments Commission (the commission), the commission’s delegate or a commission officer; or

(b) an affidavit or statutory declaration of an officer of the company (company verification) made under the Oaths Act 1867.

(2) The date of incorporation or registration mentioned in the certificate or company verification is evidence of the date on which the company was incorporated or registered. (2A) Evidence that a company is not incorporated or registered, or no longer incorporated or registered, may be given by the production of a certificate that purports to be given by the commission, the commission’s delegate or a commission officer. (2B) The date a company ceased being incorporated or registered mentioned in the certificate is evidence of the date on which the company ceased being incorporated or registered. (3) A document that purports to be—

(a) a copy of, or extract from, a document kept and registered in the office of the commission; and

(b) certified by the commission or the delegate or an officer of the commission;

is admissible in evidence in all cases in which the original document is admissible and for the same purposes and to the same extent. (4) If the prosecution in a criminal proceeding intends to rely on a company verification, the prosecutor must serve a copy of it on the defendant or the defendant’s legal representative—

(a) for a summary trial or committal proceeding—

(i) when the summons is served on the defendant; or

(ii) not later than 14 days after the defendant first appears in court for the alleged offence; or

(b) for a trial on indictment—not later than 14 days after the indictment against the defendant is presented.

(5) A defendant who is served with a copy of a company verification under subsection (4) must give the prosecution a written notice stating whether the defendant intends to contest a following matter about the company’s incorporation or registration mentioned in the company verification—

(a) the fact of its incorporation or registration;

(b) the date of its incorporation or registration;

(6) The defendant must give the notice by not later than—

(a) 10 days before the day the trial of the proceedings to which the notice relates starts; or

(b) the end of a later period allowed by the court, if the court considers it just to extend the period in the particular circumstances.

(7) If, in a proceeding before it, a court considers the defendant or the defendant’s lawyer has unnecessarily caused the prosecution to prove the incorporation or registration of a company, the court may order the defendant to pay the prosecution’s costs of proving the incorporation or registration. (8) For this section, a defendant is taken to be served with a copy of a company verification if the copy is served on the defendant’s lawyer. s 55 sub 1993 No. 68 s 5 amd 1997 No. 9 s 33; 2001 No. 45 s 29 sch 3 55A Proof of disaster situation under Disaster Management Act 2003 (1) Any of the following is evidence of the declaration of a disaster situation—

(a) a copy of a declaration (a relevant declaration) for the disaster situation made under the Disaster Management Act 2003, section 64(1) or 69;

(b) the gazette purporting to contain notice of the relevant declaration;

(c) for an oral declaration—a statement from the responsible person for the oral declaration that the oral declaration was made under the Disaster Management Act 2003.

(2) In this section— disaster situation means a disaster situation within the meaning of the Disaster Management Act 2003. oral declaration means a declaration of a disaster situation made orally under the Disaster Management Act 2003, section 65(5) or 70(5), that, at the time of the hearing, has not been recorded under the Disaster Management Act 2003, section 65(7) or 70(7). responsible person, for an oral declaration, means the person who made the oral declaration under the Disaster Management Act 2003, section 65(5) or 70(5). s 55A ins 2014 No. 39 s 53 56 Proof of unallocated State land grants Upon its production in any proceeding wherein it is sought to prove any grant from the Crown of land within the State a document that purports—

(a) to be a copy of the instrument of grant or of an entry of such instrument; and

(b) to be certified under the hand of the registrar of titles;

shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. s 56 amd 1995 No. 58 s 4 sch 1 57 Proof of lease or licence (1) This section applies to an instrument of lease or licence issued or continued in force and held under any of the following Acts—

• Housing Act 2003

• Land Act 1994

• Mineral Resources Act 1989.

(2) An instrument may be proved by the production of a document purporting to be a copy of the instrument certified by the chief executive of the issuing department. (3) In this section— issuing department, for an instrument of a lease or licence, means the department dealing with matters about the provisions of the Act under which the lease or licence was issued or continued in force and held. s 57 amd 1990 No. 80 s 3 sch 1 sub 1993 No. 76 s 3 sch 1 amd 1995 No. 58 s 4 sch 1; 1999 No. 39 s 299 sch 1; 2003 No. 52 s 153 sch 2 58 Proof of letters patent (1) The chief executive (premiers) or the State archivist may certify a copy of any letters patent issued by the Crown in relation to the State, or in relation to any matter that concerns the State, to be a true copy of the letters patent. (2) The chief executive (premiers) may delegate the power under subsection (1) to an appropriately qualified officer of that chief executive’s department. (3) The State archivist may delegate the power under subsection (1) to an appropriately qualified officer of the State archives. (4) The copy of the letters patent certified by the chief executive (premiers) or the State archivist is, on production in any proceeding in which it is sought to prove the letters patent, evidence of the matters contained in the copy. (5) In this section— chief executive (premiers) means the chief executive of the department dealing with matters under the Constitution of Queensland 2001. State archives means the Queensland State Archives established under the Public Records Act 2023, section 42(2). State archivist means the State Archivist under the Public Records Act 2023, section 42(1). s 58 amd 1990 No. 80 s 3 sch 1; 1993 No. 76 s 3 sch 1; 2001 No. 80 s 94 sch 2 sub 2003 No. 77 s 74 amd 2017 No. 17 s 116; 2023 No. 33 s 107 sch 5 58A Proof of document under Royal Sign Manual Evidence of a document under the signature or royal hand of the Sovereign in relation to the State or in relation to any matter concerning the State (the Royal Sign Manual document) may be given by the production of a document purporting to be a copy of the Royal Sign Manual document certified by the chief executive of the department dealing with matters under the Constitution of Queensland 2001. s 58A ins 2001 No. 80 s 94 sch 2 Division 2 Proof of certain miscellaneous documents and matters 59 Comparison of disputed writing (1) Comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine shall be permitted to be made by witnesses and such writings and the evidence of witnesses respecting the same may be submitted as evidence of the genuineness or otherwise of the writing in dispute. (2) A court may compare a disputed writing with any writing that is genuine and act upon its own conclusions in relation thereto. 60 Proof of instrument to validity of which attestation is not necessary It shall not be necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite, and such instrument may be proved by admission or otherwise as if there had been no attesting witness thereto. 61 Proof of instrument to validity of which attestation is necessary (1) Any instrument to the validity of which attestation is requisite may, instead of being proved by an attesting witness, be proved in the manner in which it might be proved if no attesting witness were alive. (2) Nothing in this section shall apply to the proof of wills or other testamentary documents. 62 Presumption as to documents 20 years old Where any document is proved or purports to be not less than 20 years old, there shall be made any presumption which immediately before the date of the passing of the Evidence Acts Amendment Act 1962 would have been made in the case of a document of like character proved or purporting to be not less than 30 years old. 63 Wills, deeds etc. may be verified by declaration (1) Any attesting witness to the execution of any will or codicil, deed, or instrument in writing, and any other competent person, may verify and prove the signing, sealing, publication, or delivery of any such will, codicil, deed or instrument in writing by declaration in writing made under the Oaths Act 1867. (2) A party who intends to adduce in evidence as proof of the execution of a will, codicil, deed or instrument in writing a declaration made in accordance with subsection (1) shall give such notice of the party’s intention to do so as may be required by rules of court. (3) The method of proof prescribed by this section shall be in addition to and not in derogation of any other method of proving the due execution of a will or codicil prescribed by rules of court. 64 Evidentiary effect of probate etc. (1) The probate of a will or letters of administration with a will annexed are evidence of the due execution of the will. (2) The copy of a will annexed to a probate or to letters of administration is evidence of the contents of the will. (3) The probate of a will is evidence of the death of the testator and, if the probate states the date of death of the testator, of the date of the testator’s death. (4) Letters of administration of the estate of a deceased person are evidence of the death of the person and, if the letters of administration state the date of death of the person, of the date of the person’s death. (5) In this section—

(a) a reference to probate shall be read as a reference to probate, and to an exemplification of probate, whether granted within or outside the State; and

(b) a reference to letters of administration shall be read as a reference to letters of administration, to an exemplification of letters of administration, whether granted within or outside the State and to an order to administer the estate of a deceased person granted to the public trustee.

65 Maps, charts etc. (1) Where in a proceeding there is a question as to the territorial limits or situation of an area or place, or the distance between 2 places, a court may admit in evidence—

(a) a published book, map, chart or document that appears to the court to be a reliable source of information in relation to the question; or

(b) a certificate purporting to be given by the chief executive (surveys), or the holder of another office that, in the court’s opinion, qualifies the person to express an opinion about the question.

(2) In any proceeding a map, chart or plan purporting to be issued or published by any department of the Government of the State or of the Commonwealth or by an officer thereof in discharge of the officer’s functions shall, upon its production, be sufficient evidence of the matters stated or delineated thereon until the contrary is proved. s 65 amd 1995 No. 58 s 4 sch 1 66 Astronomical phenomena (1) Where in a proceeding there is a question as to the time or duration of any astronomical phenomenon that has occurred or shall occur in relation to a place, a court may admit in evidence a certificate about the question given by the chief executive (surveys). (2) The certificate may include an explanation of the terms used therein, a statement of their recognised practical application, and the basis for calculating the time or duration of the astronomical phenomenon. (3) In this section— astronomical phenomenon includes the rising or setting of the sun or moon, the position of the sun or moon, the phase of the moon and the degree of twilight. s 66 amd 1995 No. 58 s 4 sch 1 Division 3 Proof of certain Australian and overseas documents and matters 67 Definitions for div 3 In this division— overseas country means a country or part of a country outside the Commonwealth and includes any international organisation of which the Commonwealth or an overseas country is a member. statute includes any instrument of a legislative nature made, granted or issued under a statute. s 67 amd 1995 No. 58 s 4 sch 1 68 Proof of certain Australian and overseas written laws etc. Evidence of—

(a) a statute, proclamation or act of state of a State or Territory other than Queensland; or

(b) a statute, proclamation, treaty or act of state of an overseas country;

may be given by the production of—

(d) a copy purporting to be sealed with the seal of that State, Territory or country; or

(e) a book or pamphlet purporting to be published by the authority of the government of that State, Territory or country or by the government or official printer of that State, Territory or country containing the statute, proclamation, treaty or act of state; or

(f) a book or publication that appears to the court to be a reliable source of information containing the statute, proclamation, treaty or act of state; or

(g) a book or pamphlet that is proved to the satisfaction of the court to be admissible in the courts in that State, Territory or country as evidence of the statutes, proclamations, treaties or acts of state of that State, Territory or country contained in that book or pamphlet.

69 Proof of judicial proceedings of an overseas country Evidence of—

(a) a judgment, decree, rule, conviction, acquittal, sentence or other order, process, act or decision of any court in an overseas country; or

(b) an affidavit, pleading, will, codicil, indictment or other legal document filed, deposited or presented in any such court;

may be given by the production of a copy thereof—

(d) purporting—

(i) to be sealed with the seal of such court; or

(ii) to be signed by a judge of such court with a statement in writing attached by the judge to the judge’s signature that such court has no seal and without proof of the judge’s judicial character or of the truth of such statement.

70 Proof of certain documents admissible elsewhere in Australia Any document which by a law at any time in force in a State or Territory other than Queensland is admissible in evidence for any purpose in a court of that State or Territory without proof of—

(a) the seal or stamp or signature authenticating the same; or

(b) the judicial or official character of the person appearing to have signed the same;

shall be admissible in evidence to the same extent and for the same purpose in all courts in Queensland without such proof. 71 Royal proclamations, orders of the Privy Council etc. (1) Evidence of any royal proclamation, order of Her Majesty’s Privy Council, order, regulation, dispatch, or any other instrument made or issued by Her Majesty or by Her Majesty’s Privy Council, or by or under the authority of any of Her Majesty’s Secretaries of State, or of any department of Her Majesty’s Government in the United Kingdom, may be given—

(a) by the production of a document purporting to be a copy of the London gazette or of the government gazette purporting to contain a reprint of such proclamation, order of the Privy Council, order, regulation, dispatch or other instrument; or

(b) by the production in the case of any such proclamation of a copy purporting to be printed by the government printer.

(2) In this section (but without affecting the generality of the expression when used elsewhere)— Her Majesty includes any predecessors of Her Majesty. 72 Proof of certain Australian and overseas public documents Where a document of a State or Territory of the Commonwealth other than Queensland or of an overseas country is of such a public nature that it would if it were a Queensland document be admissible in evidence in Queensland on its mere production from proper custody, a copy of or extract from the document shall be admissible in evidence if—

(a) it is proved to be an examined copy or extract; or

(b) it purports to be certified as a true copy or extract under the hand of a person described in the certificate as the person to whose custody the original is entrusted.

73 Proof of incorporation or registration of certain Australian and overseas companies Evidence of the incorporation or registration of a company within the meaning of the Corporations Act that is taken to be registered in a State or Territory of the Commonwealth other than Queensland or in an overseas country may be given by the production of a certificate of the incorporation or registration of that company which purports to be signed or issued by the Australian Securities and Investments Commission or the proper officer or body in that country, and the date of incorporation or registration mentioned in such certificate shall be evidence of the date on which the company was incorporated or registered. s 73 amd 2001 No. 45 s 29 sch 3 74 Proof of birth, adoption, death or marriage A document purporting to be either the original or a certified copy of a certificate, entry or record of a birth, adoption, death or marriage alleged to have taken place whether in Australia or elsewhere is evidence in a proceeding of the matters contained therein. Division 4 Proof of telegraphic messages 75 Notice of intention to adduce telegraphic message in evidence (1) In any proceeding (not being a criminal proceeding), any party may at any time after the commencement thereof give notice to any other party that the party proposes to adduce in evidence at the trial or hearing any telegraphic message that has been sent by telegraph from any place in the Commonwealth to any other place in the Commonwealth. (1A) However—

(a) the time between the giving of such notice and the day on which such evidence shall be tendered shall not in any case be less than 2 days; and

(b) every such notice shall specify the names of the sender and receiver of the message, the subject matter thereof, and the date as nearly as may be.

(2) Any such notice may be served and the service thereof proved in the same manner as notices to produce may now be served and proved. 76 Proof of message Where a notice under section 75 has been given, the production of a telegraphic message described in the notice and purporting to have been sent by any person, together with evidence that the same was duly received from a telegraph office, shall be evidence that such message was sent by the person so purporting to be the sender thereof to the person to whom the same is addressed. 77 Proof of sending a message Where a notice under section 75 has been given, the production of a telegraphic message, or a copy thereof verified on oath, together with evidence that such message was sent to or delivered at a telegraph office and that the fees (if any) for the transmission thereof were duly paid shall be evidence that such message was duly delivered to the person named therein as the person to whom the same was to be transmitted. Division 5 Admissibility of convictions in civil proceedings 78 Definitions for div 5 In this division— conviction does not include—

(a) a conviction that has been set aside or quashed; or

(b) where the person convicted of an offence has been granted a pardon in respect of that offence, such a conviction;

and the term convicted has a corresponding meaning. court means any court of Queensland, of the Commonwealth or of any other State or Territory but does not include a court martial. s 78 amd 1995 No. 58 s 4 sch 1 79 Convictions as evidence in civil proceedings (1) In this section— civil proceeding does not include an action for defamation. convicted means a finding of guilt for an offence, on a plea of guilty or otherwise, and whether or not a conviction was recorded. (2) In any civil proceeding the fact that a person has been convicted by a court of an offence is admissible in evidence for the purpose of proving, where to do so is relevant to any issue in that proceeding, that the person committed that offence. (3) In any civil proceeding in which by virtue of this section a person is proved to have been convicted by a court of an offence the person shall, unless the contrary is proved, be taken to have committed the acts and to have possessed the state of mind (if any) which at law constitute that offence. (4) This section applies—

(a) whether or not a person was convicted upon a plea of guilty; and

(b) whether or not the person convicted is a party to the civil proceeding.

s 79 amd 2008 No. 59 s 49 80 Convictions as evidence in actions for defamation In an action for defamation in which the question whether a person did or did not commit a criminal offence is relevant to an issue arising in the action, proof that at the time when the issue falls to be determined that person stands convicted by a court of that offence is conclusive evidence that the person committed that offence. 81 Evidence identifying the particulars of a conviction Without prejudice to the reception of any other evidence for the purpose of identifying the particulars of a conviction—

(a) the contents of any document which is admissible as evidence of the conviction; and

(b) the contents of any document which is admissible as evidence of the complaint, information, indictment or charge on which the person in question was convicted;

shall be admissible for that purpose where by virtue of section 79 or 80 evidence of the conviction may be given. 82 Operation of other laws not affected Nothing in this division derogates from the operation of any other law under which a conviction or finding of fact in a criminal proceeding is, for the purposes of any proceeding, made evidence or conclusive evidence of any fact. Division 6 Books of account 83 Definitions for div 6 In this division— book of account includes any document used in the ordinary course of any undertaking to record the financial transactions of the undertaking or to record anything acquired or otherwise dealt with by, produced in, held for or on behalf of, or taken or lost from the undertaking and any particulars relating to any such thing. court means—

(a) in relation to any proceeding in the Supreme Court—the Supreme Court or a judge thereof; and

(b) in relation to any proceeding in the District Court—the District Court or a judge thereof; and

(c) in relation to any proceeding in a Magistrates Court or before justices—the Magistrates Court, a magistrate or a justice; and

(d) in relation to any other proceeding—the Supreme Court or a judge thereof.

s 83 def court amd 1999 No. 19 s 3 sch; 2003 No. 55 s 62 s 83 amd 1995 No. 58 s 4 sch 1 84 Entries in book of account to be evidence Subject to this division, in all proceedings—

(a) an entry in a book of account shall be evidence of the matters, transactions and accounts therein recorded; and

(b) a copy of an entry in a book of account shall be evidence of the entry and of the matters, transactions and accounts therein recorded.

85 Proof that book is a book of account (1) An entry or a copy of an entry in a book of account shall not be admissible in evidence under this division unless it is first proved that the book was at the time of the making of the entry 1 of the ordinary books of account of the undertaking to which it purports to relate and that the entry was made in the usual and ordinary course of that undertaking. (2) Such proof may be given by a responsible person familiar with the books of account of the undertaking and may be given orally or by an affidavit sworn or by a declaration made before a commissioner or person authorised to take affidavits or statutory declarations. 86 Verification of copy (1) A copy of an entry in a book of account shall not be admissible in evidence under this division unless it is further proved that the copy has been examined with the original entry and is correct. (2) Such proof may be given by some person who has examined the copy with the original entry and may be given either orally or by an affidavit sworn or by a declaration made before a commissioner or person authorised to take affidavits or statutory declarations. 87 Matters which may be proved under this division ordinarily to be so proved A person engaged in any undertaking or an employee of that person shall not in any proceeding to which the person is not a party be compellable to produce any book of account the contents of which can be proved under this division or to appear as a witness to prove the matters, transactions and accounts therein recorded unless by order of a court. 88 Court may order books of account or copies to be made available (1) On the application of any party to a proceeding, a court may order that such party be at liberty to inspect and take copies of or extracts from any entries in a book of account of any undertaking for any of the purposes of such proceeding. (2) An order under this section may be made either with or without summoning the person engaged in the undertaking or any other party and shall be served on the person engaged in the undertaking 3 clear days before the same is to be obeyed unless the court otherwise directs. (3) An order under this section may direct that the person engaged in the undertaking shall, on payment of such fee as is specified in the order, prepare and deliver to the party who obtained that order a duly verified copy of such entries as may be required for evidence in the proceeding. (4) For the purposes of subsection (2), Saturday, Sunday, and any day which is a public holiday throughout the State or in that part of the State in which the order is to be obeyed shall be excluded from the computation of time. (5) Where a person engaged in any undertaking is a party to a proceeding, the other party or parties thereto shall be at liberty to inspect and make copies of or extracts from the original entries and the accounts of which such entries form a part and the documents in respect of which such entries were made as though this division had not been enacted. 89 Proof that a person has no account (1) Where it is sought to prove for the purposes of a proceeding that a person did not at a given time have an account with an undertaking or with any branch thereof, evidence of the fact may be given by a responsible person familiar with the books of account of the undertaking or, as the case may be, of the branch thereof. (2) Such evidence may be given by such person orally or by an affidavit sworn or by a declaration made before a commissioner or person authorised to take affidavits or statutory declarations. 90 Costs (1) The costs of any application to a court under or for the purposes of this division and the costs of anything done or to be done under an order of a court made under or for the purposes of this division shall be in the discretion of the court, who may order the same or any part thereof to be paid to any party by the person engaged in the undertaking concerned where the same have been occasioned by any default or delay on the part of that person. (2) Any such order against a person engaged in an undertaking may be enforced as if the person were a party to the proceeding. 91 Application of ss 84–86 and 89 Sections 84 to 86 and 89 shall apply to and in relation to books of account and persons engaged in undertakings in any State or Territory. Part 6 Admissibility of statements and representations pt 6 hdg amd 2000 No. 43 s 48 92 Admissibility of documentary evidence as to facts in issue (1) In any proceeding (not being a criminal proceeding) where direct oral evidence of a fact would be admissible, any statement contained in a document and tending to establish that fact shall, subject to this part, be admissible as evidence of that fact if—

(a) the maker of the statement had personal knowledge of the matters dealt with by the statement, and is called as a witness in the proceeding; or

(b) the document is or forms part of a record relating to any undertaking and made in the course of that undertaking from information supplied (whether directly or indirectly) by persons who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in the information they supplied, and the person who supplied the information recorded in the statement in question is called as a witness in the proceeding.

(2) The condition in subsection (1) that the maker of the statement or the person who supplied the information, as the case may be, be called as a witness need not be satisfied where—

(a) the maker or supplier is dead, or unfit by reason of bodily or mental condition to attend as a witness; or

(b) the maker or supplier is out of the State and it is not reasonably practicable to secure the attendance of the maker or supplier; or

(d) it can not reasonably be supposed (having regard to the time which has elapsed since the maker or supplier made the statement, or supplied the information, and to all the circumstances) that the maker or supplier would have any recollection of the matters dealt with by the statement the maker made or in the information the supplier supplied; or

(e) no party to the proceeding who would have the right to cross-examine the maker or supplier requires the maker or supplier being called as a witness; or

(f) at any stage of the proceeding it appears to the court that, having regard to all the circumstances of the case, undue delay or expense would be caused by calling the maker or supplier as a witness.

(3) The court may act on hearsay evidence for the purpose of deciding any of the matters mentioned in subsection (2)(a), (b), (c), (d) or (f). (4) For the purposes of this part, a statement contained in a document is made by a person if—

(a) it was written, made, dictated or otherwise produced by the person; or

(b) it was recorded with the person’s knowledge; or

(d) it was recognised by the person as the person’s statement by signing, initialling or otherwise in writing.

s 92 amd 2000 No. 58 s 2 sch 93 Admissibility of documentary evidence as to facts in issue in criminal proceedings (1) In any criminal proceeding where direct oral evidence of a fact would be admissible, any statement contained in a document and tending to establish that fact shall, subject to this part, be admissible as evidence of that fact if—

(a) the document is or forms part of a record relating to any trade or business and made in the course of that trade or business from information supplied (whether directly or indirectly) by persons who had, or may reasonably be supposed to have had, personal knowledge of the matters dealt with in the information they supplied; and

(b) the person who supplied the information recorded in the statement in question—

(i) is dead, or unfit by reason of the person’s bodily or mental condition to attend as a witness; or

(ii) is out of the State and it is not reasonably practicable to secure the person’s attendance; or

(iii) can not with reasonable diligence be found or identified; or

(iv) can not reasonably be supposed (having regard to the time which has lapsed since the person supplied the information and to all the circumstances) to have any recollection of the matters dealt with in the information the person supplied.

(2) In this section— business includes any public transport, public utility or similar undertaking carried on in Queensland or elsewhere by the Crown (in right of the State of Queensland or any other right) or a statutory body. 93A Statement made before proceeding by child or person with an impairment of the mind (1) In any proceeding where direct oral evidence of a fact would be admissible, any statement tending to establish that fact, contained in a document, shall, subject to this part, be admissible as evidence of that fact if—

(a) the maker of the statement was a child or a person with an impairment of the mind at the time of making the statement and had personal knowledge of the matters dealt with by the statement; and

(b) the maker of the statement is available to give evidence in the proceeding.

(2) If a statement mentioned in subsection (1) (the main statement) is admissible, a related statement is also admissible as evidence if the maker of the related statement is available to give evidence in the proceeding. (2A) A related statement is a statement—

(a) made by someone to the maker of the main statement, in response to which the main statement was made; and

(b) contained in the document containing the main statement.

(2B) Subsection (2) is subject to this part. (3) Where the statement of a person is admitted as evidence in any proceeding pursuant to subsection (1) or (2), the party tendering the statement shall, if required to do so by any other party to the proceeding, call as a witness the person whose statement is so admitted and the person who recorded the statement. (3A) For a committal proceeding for a relevant offence, subsections (1)(b) and (3) do not apply to the person who made the statement if the person is an affected child. Note— For the taking of an affected child’s evidence for a committal proceeding for a relevant offence, see part 2, division 4A, subdivision 2. (3B) This section does not affect the application of the Justices Act 1886, sections 110A to 110C to a committal proceeding. (4) In the application of subsection (3) to a criminal proceeding— party means the prosecution or the person charged in the proceeding. (5) In this section— affected child see section 21AC. child, in relation to a person who made a statement under subsection (1), means—

(a) a person who was under 16 years when the statement was made, whether or not the person is under 16 years at the time of the proceeding; or

(b) a person who was 16 or 17 years when the statement was made and who, at the time of the proceeding, is a special witness.

relevant offence see section 21AC. s 93A ins 1989 No. 17 s 64 amd 1996 No. 79 s 42; 1997 No. 3 s 122 sch 2; 2000 No. 43 s 49; 2003 No. 55 s 63; 2005 No. 70 s 93; 2008 No. 55 s 150 sch; 2022 No. 12 s 35 93AA Unauthorised possession of, or dealing in, s 93A criminal statements or section 93A transcripts (1) A person commits an offence if the person—

(a) possesses a section 93A criminal statement or section 93A transcript; or

(b) supplies, or offers to supply, a section 93A criminal statement or section 93A transcript to another person; or

Maximum penalty—

(a) for an individual—100 penalty units or 2 years imprisonment; or

(b) for a corporation—1,000 penalty units.

(2) However, a person may do something mentioned in subsection (1)—

(a) for a legitimate purpose related to the proceeding for which the section 93A criminal statement or section 93A transcript was made or another proceeding; or

(b) if the person is required or permitted to do the thing under an employment-screening Act, other than to the extent stated in subsection (3); or

(c) if the person is the victims’ commissioner under the Victims’ Commissioner and Sexual Violence Review Board Act 2024 performing a function mentioned in section 9(a) of that Act; or

(d) if the person is the chairperson of the sexual violence review board under the Victims’ Commissioner and Sexual Violence Review Board Act 2024 performing a function mentioned in section 62(1) of that Act; or

(e) if the person is a commissioner under the Child Safe Organisations Act 2024, to the extent the thing is necessary for a purpose for which the statement or transcript is requested under section 52(1)(b)(i) of that Act; or

(f) if the person is permitted to do the thing under section 93AB.

(3) For subsection (2)(b), a person, for the purpose of making an employment-screening decision—

(a) must not supply, or offer to supply, a section 93A transcript to the employment-screening applicant for the decision; but

(b) may supply, or offer to supply, a summary of a section 93A transcript to the employment-screening applicant for the decision.

s 93AA ins 2003 No. 55 s 64 amd 2010 No. 5 s 203; 2014 No. 28 s 105 sch 1; 2020 No. 39 s 66 sub 2022 No. 12 s 36 amd 2024 No. 21 s 108; 2024 No. 49 s 117 93AB Permitted use of section 93A transcript by employment-screening applicant or applicant’s lawyer (1) This section applies if an employment-screening applicant is given a written summary of a section 93A transcript because an employment-screening decision has been, or is proposed to be, made about the person. (2) The employment-screening applicant may—

(a) possess the summary; or

(b) supply, or offer to supply, the summary to an Australian lawyer to obtain legal advice in relation to the employment-screening decision; or

(3) The lawyer may possess or copy the summary for the purpose of providing legal advice to the employment-screening applicant in relation to the employment-screening decision. s 93AB ins 2022 No. 12 s 36 93AC Publishing section 93A criminal statements or section 93A transcripts prohibited (1) A person must not publish all or part of a section 93A criminal statement or a section 93A transcript unless the publication—

(a) is approved by the court presiding at the proceeding at which the section 93A criminal statement is presented; and

(b) complies with the conditions of the court’s approval.

Maximum penalty—

(a) for an individual—100 penalty units or 2 years imprisonment; or

(b) for a corporation—1,000 penalty units.

(a) made a representation about the asserted fact; and

(b) is unavailable to give evidence about the asserted fact because the person is dead or mentally or physically incapable of giving the evidence.

(2) The hearsay rule does not apply to evidence of the representation given by a person who saw, heard or otherwise perceived the representation, if the representation was—

(a) made when or shortly after the asserted fact happened and in circumstances making it unlikely the representation is a fabrication; or

(b) made in circumstances making it highly probable the representation is reliable; or

(3) If evidence given by a person of a representation about a matter has been adduced by a party and has been admitted under subsection (2), the hearsay rule does not apply to the following evidence adduced by another party to the proceeding—

(a) evidence of the representation given by another person who saw, heard or otherwise perceived the representation;

(b) evidence of another representation about the matter given by a person who saw, heard or otherwise perceived the other representation.

(4) To avoid any doubt, it is declared that subsections (2) and (3) only provide exceptions to the hearsay rule for particular evidence and do not otherwise affect the admissibility of the evidence. (5) In this section— prescribed criminal proceeding means a criminal proceeding against a person for an offence defined in the Criminal Code, chapters 28 to 32. representation includes—

(a) an express or implied representation, whether oral or written; and

(b) a representation to be inferred from conduct; and

(d) a representation that for any reason is not communicated.

s 93B ins 2000 No. 43 s 50 93C Warning and information for jury about hearsay evidence (1) This section applies if evidence is admitted under section 93B (hearsay evidence) and there is a jury. (2) On request by a party, the court must, unless there are good reasons for not doing so—

(a) warn the jury the hearsay evidence may be unreliable; and

(b) inform the jury of matters that may cause the hearsay evidence to be unreliable; and

(c) warn the jury of the need for caution in deciding whether to accept the hearsay evidence and the weight to be given to it.

(3) It is not necessary for a particular form of words to be used in giving the warning or information. (4) This section does not affect another power of the court to give a warning to, or to inform, the jury. s 93C ins 2000 No. 43 s 50 94 Admissibility of evidence concerning credibility of persons responsible for statement (1) Where in any proceeding a statement is given in evidence by virtue of section 84, 92, 93 or 93A and a person who made the statement or supplied the information recorded in it is not called as a witness in the proceeding—

(a) any evidence which, if that person had been so called, would be admissible for the purpose of destroying or supporting the person’s credibility as a witness shall be admissible for that purpose in that proceeding;

(b) any evidence tending to prove that, whether before or after the person made that statement or supplied that information, the person made another statement or supplied other information (whether orally or in a document or otherwise) inconsistent therewith shall be admissible for the purpose of showing that the person has contradicted himself or herself;

but nothing in paragraph (a) or (b) shall enable evidence to be given of any matter of which, if the person in question had been called as a witness and had denied that matter in cross-examination, evidence could not have been adduced by the cross-examining party. (2) Where in any proceeding a statement is given in evidence by virtue of section 84, 92, 93 or 93A and a person who made the statement or supplied the information recorded in it is not called as a witness in the proceeding any evidence proving that that person has been guilty of any indictable or other offence shall, with the leave of the court, be admissible in the proceeding to the same extent as if that person had been so called and on being questioned as to whether the person had been convicted of an indictable or other offence had denied the fact or refused to answer the question. s 94 amd 1989 No. 17 s 65; 2007 No. 37 s 162 sch 94A Admissibility of preliminary complaint in sexual offences and domestic violence offences (1) This section applies in relation to a committal proceeding, or a trial, in relation to a sexual offence or domestic violence offence. (2) Evidence of how and when any preliminary complaint was made by the complainant about the commission of the alleged offence by the defendant is admissible in evidence regardless of when the preliminary complaint was made. (3) Nothing in subsection (2) derogates from the power of the court in a criminal proceeding to exclude the evidence if the court is satisfied it would be unfair to the defendant to admit the evidence. (4) If a defendant is tried by a jury, the judge must not warn or suggest in any way to the jury that the law regards the complainant’s evidence to be more reliable or less reliable only because of the length of time before the complainant made a preliminary complaint or other complaint. (5) Subject to subsection (4), the judge may make any comment to a jury on the complainant’s evidence that it is appropriate to make in the interests of justice. Note— See also sections 103ZD, 103ZZ, 103ZZB and 132BA and the Criminal Code, section 632. (6) In this section— complaint includes a disclosure. preliminary complaint means any complaint other than—

(a) the complainant’s first formal witness statement to a police officer given in, or in anticipation of, a criminal proceeding in relation to the alleged offence; or

(b) a complaint made after the complaint mentioned in paragraph (a).

Example— Soon after the alleged commission of a sexual offence, the complainant discloses the alleged commission of the offence to a parent (complaint 1). Many years later, the complainant makes a complaint to a secondary school teacher and a school guidance officer (complaints 2 and 3). The complainant visits the local police station and makes a complaint to the police officer at the front desk (complaint 4). The complainant subsequently attends an appointment with a police officer and gives a formal witness statement to the police officer in anticipation of a criminal proceeding in relation to the alleged offence (complaint 5). After a criminal proceeding is begun, the complainant gives a further formal witness statement (complaint 6). Each of complaints 1 to 4 is a preliminary complaint. Complaints 5 and 6 are not preliminary complaints. s 94A ins 2024 No. 5 s 62 95 Admissibility of statements in documents or things produced by processes or devices (1) In a proceeding where direct oral evidence of a fact would be admissible, a statement contained in a document or thing produced wholly or partly by a device or process and tending to establish that fact is, subject to this part, admissible as evidence of that fact. (2) A court may presume the process or device produced the document or thing containing the statement if the court considers an inference can reasonably be made that the process or device, if properly used, produces a document or thing of that kind. (3) In a proceeding, a certificate purporting to be signed by a responsible person for the process or device and stating any of the following matters is evidence of the matter for the purpose of subsection (2)—

(a) that the document or thing was produced wholly or partly by the process or device;

(b) that the document or thing was produced wholly or partly in a particular way by the process or device;

(d) any particulars relevant to a matter mentioned in paragraph (a), (b) or (c).

(4) A person who signs a certificate mentioned in subsection (3) commits an offence if—

(a) a matter is stated in the certificate that the person knows is false or ought reasonably to know is false; and

(b) the statement of the matter is material in the proceeding.

Maximum penalty—20 penalty units or 1 year’s imprisonment. (5) If a party (the relying party) to a proceeding intends to rely on the certificate, the party must give a copy of the certificate to each other party to the proceeding—

(a) at least 10 business days before the hearing day; or

(b) if, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a)—by a later date allowed by the court.

(6) If a party to the proceeding, other than the relying party, intends to challenge a matter stated in the certificate, the party must give the relying party notice in writing of the matter to be challenged—

(a) at least 3 business days before the hearing day; or

(b) if, in the particular circumstances, the court considers it just to shorten the period mentioned in paragraph (a)—by a later date allowed by the court.

(7) In this section— hearing day means the day fixed for the start of the hearing of the proceeding. responsible person, for a process or device that produced a document or thing, means a person responsible, at or about the time the process or device produced the document or thing, for—

(a) the operation of the process or device; or

(b) the management of activities for which the document or thing was produced by the process or device.

s 95 amd 1979 No. 2 s 10; 1988 No. 88 s 3 sch 1; 1995 No. 58 s 4 sch 1 sub 2014 No. 39 s 54 95A DNA evidentiary certificate (1) This section applies to a criminal proceeding. (2) However, subsections (4), (5), (8) and (9) do not apply to a criminal proceeding if the proceeding is an examination of witnesses in relation to an indictable offence. (3) A certificate, in the approved form, purporting to be signed by a DNA analyst and stating any of the following matters is evidence of the matter—

(a) that a stated thing was received at a stated laboratory on a stated day;

(b) that the thing was tested at the laboratory on a stated day or between stated days;

(d) that the DNA analyst—

(i) examined the laboratory’s records relating to the receipt, storage and testing of the thing, including any test process that was done by someone other than the DNA analyst; and

(ii) confirms that the records indicate that all quality assurance procedures for the receipt, storage and testing of the thing that were in place in the laboratory at the time of the test were complied with.

(4) If a party (the relying party) intends to rely on the certificate, the relying party must, at least 10 business days before the hearing day, give a copy of the certificate to each other party. (5) If, at least 5 business days before the hearing day, a party other than the relying party gives a written notice to each other party that it requires the DNA analyst to give evidence, the relying party must call the DNA analyst to give evidence at the hearing. (6) If the responsible person for the laboratory receives a written request from a party for a copy of the laboratory’s records relating to the receipt, storage and testing of the thing, the responsible person must give the party a copy of the records within 7 business days after receiving the request. (7) If a party intends to challenge a matter stated in the certificate, the party must, at least 5 business days before the hearing day, give the responsible person and each other party notice, in the approved form, of the matter to be challenged. (8) A party challenging a matter stated in the certificate may, with the leave of the court, require the party relying on the certificate to call any person involved in the receipt, storage or testing of the thing to give evidence at the hearing. (9) The court may give leave only if the court is satisfied that—

(a) an irregularity may exist in relation to the receipt, storage or testing of the thing about which the person to be called is able to give evidence; or

(b) it is in the interests of justice that the person be called to give evidence.

(10) Any equipment used in testing the thing at the laboratory is to be taken to have given accurate results in the absence of evidence to the contrary. (11) The court may at any time, on application by a party, make an order shortening or extending a period mentioned in this section. (12) Without limiting subsection (11), the court may waive the requirement for a party other than the relying party to give notice under subsection (5) that it requires the DNA analyst to give evidence. (13) If the court makes an order under subsection (12), the relying party must call the DNA analyst to give evidence at the hearing. (14) In this section— DNA analyst means a person who holds an appointment as a DNA analyst under section 133A. DNA profile means the result from DNA analysis. hearing day means the day fixed for the start of the hearing of the proceeding. party means the prosecution or a person charged in the proceeding. responsible person, for a laboratory, means—

(a) if the police commissioner has entered into a DNA arrangement with the laboratory under the Police Powers and Responsibilities Act 2000, section 488B(1)—the chief executive officer, however described, of the laboratory; or

(b) otherwise—the chief executive of the department within which the Hospital and Health Boards Act 2011 is administered.

s 95A ins 2002 No. 23 s 48 amd 2005 No. 48 s 492 sch 1; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47); 2014 No. 1 s 44; 2017 No. 6 s 42; 2022 No. 12 s 52 sch 1 pt 1 96 Inferences concerning admissibility (1) For the purpose of deciding whether or not a statement is admissible in evidence by virtue of this part, the court may draw any reasonable inference from the form or contents of the document in which the statement is contained, or from any other circumstances. (2) For the purpose of deciding whether or not a statement is admissible in evidence by virtue of section 92 or 93, the court may, in deciding whether or not a person is fit to attend as a witness, act on a certificate purporting to be a certificate of a legally qualified medical practitioner. 97 Authentication Where in any proceeding a statement contained in a document is proposed to be given in evidence by virtue of this part, it may be proved by the production of that document or (whether or not that document is still in existence) by the production of a copy of that document, or the material part thereof, authenticated in such manner as the court may approve. 98 Rejection of evidence (1) The court may in its discretion reject any statement or representation notwithstanding that the requirements of this part are satisfied with respect thereto, if for any reason it appears to it to be inexpedient in the interests of justice that the statement should be admitted. (2) This section does not affect the admissibility of any evidence otherwise than by virtue of this part. s 98 amd 2000 No. 43 s 51 99 Withholding statement from jury room Where in a proceeding there is a jury, and a statement in a document is admitted in evidence under this part, and it appears to the court that if the jury were to have the document with them during their deliberations they might give the statement undue weight, the court may direct that the document be withheld from the jury during their deliberations. 100 Corroboration For the purpose of any rule of law or practice requiring evidence to be corroborated or regulating the manner in which uncorroborated evidence is to be treated, a statement rendered admissible as evidence by this part shall not be treated as corroboration of evidence given by the maker of the statement or the person who supplied the information from which the record containing the statement was made. 101 Witness’s previous statement, if proved, to be evidence of facts stated (1) Where in any proceeding—

(a) a previous inconsistent or contradictory statement made by a person called as a witness in that proceeding is proved by virtue of section 17, 18 or 19; or

(b) a previous statement made by a person called as aforesaid is proved for the purpose of rebutting a suggestion that the person’s evidence has been fabricated;

that statement shall be admissible as evidence of any fact stated therein of which direct oral evidence by the person would be admissible. (2) Subsection (1) shall apply to any statement or information proved by virtue of section 94(1)(b) as it applies to a previous inconsistent or contradictory statement made by a person called as a witness which is proved as mentioned in subsection (1)(a). (3) Nothing in this part shall affect any of the rules of law relating to the circumstances in which, where a person called as a witness in any proceeding is cross-examined on a document used by the person to refresh the person’s memory, that document may be made evidence in that proceeding, and where a document or any part of a document is received in evidence in any such proceeding by virtue of any such rule of law, any statement made in that document or part by the person using the document to refresh the person’s memory shall by virtue of this subsection be admissible as evidence of any fact stated therein of which direct oral evidence by the person would be admissible. 102 Weight to be attached to evidence In estimating the weight (if any) to be attached to a statement rendered admissible as evidence by this part, regard shall be had to all the circumstances from which an inference can reasonably be drawn as to the accuracy or otherwise of the statement, including—

(a) the question whether or not the statement was made, or the information recorded in it was supplied, contemporaneously with the occurrence or existence of the facts to which the statement or information relates; and

(b) the question whether or not the maker of the statement, or the supplier of the information recorded in it, had any incentive to conceal or misrepresent the facts.

103 Provisions of part are alternative Sections 92 to 95 and 101 shall be construed as in aid of and as alternative to one another, any other provision in any other part, and any other law practice or usage with respect to the admissibility in evidence of statements. s 103 amd 1989 No. 17 s 66 Part 6A Evidence related to domestic relationships and domestic violence pt 6A hdg ins 2022 No. 12 s 37 sub 2023 No. 1 s 61 Division 1 Preliminary pt 6A div 1 hdg ins 2022 No. 12 s 37 103A Definitions for part In this part— complainant means an adult victim of an alleged domestic violence offence. defence means—

(a) the legal practitioner representing the defendant in a criminal proceeding; or

(b) if the defendant is unrepresented in a criminal proceeding—the defendant.

s 103A def defence ins 2023 No. 1 s 62 family member, of a person, means a person with whom the person has either of the following relationships—

(a) a family relationship within the meaning of the Domestic and Family Violence Protection Act 2012, section 19(1); or

(b) an informal care relationship within the meaning of the Domestic and Family Violence Protection Act 2012, section 20.

s 103A def family member ins 2023 No. 1 s 62 help-seeking behaviour means action taken by a victim of domestic violence to address, or attempt to address, any aspect of the domestic violence, including, for example—

(a) reporting the domestic violence to the police; or

(b) obtaining a domestic violence order; or

(d) finding alternative accommodation, including accommodation in a refuge; or

(e) seeking counselling or support.

s 103A def help-seeking behaviour ins 2023 No. 1 s 62 intimate partner, of a person, means a person who is in an intimate personal relationship with the person within the meaning of the Domestic and Family Violence Protection Act 2012, section 14. s 103A def intimate partner ins 2023 No. 1 s 62 recorded statement means a videorecording or audio recording of a statement made by a complainant in relation to an alleged domestic violence offence. relative, of a person, see the Domestic and Family Violence Protection Act 2012, section 19(2). s 103A def relative ins 2023 No. 1 s 62 safety option, in relation to a defendant who is, or may be, a victim of domestic violence, means an act that may have stopped the violence, other than an act that constitutes, or allegedly constitutes, an offence with which the defendant is charged. s 103A def safety option ins 2023 No. 1 s 62 self-defence means the lawful use of force in self-defence or in aid of the defence of another person under the Criminal Code, sections 271, 272 or 273. s 103A def self-defence ins 2023 No. 1 s 62 s 103A ins 2022 No. 12 s 37 103AB References to domestic violence include associated domestic violence (1) A reference in this part to domestic violence committed against a person by an intimate partner or family member of the person includes associated domestic violence committed against a child, relative or associate of the person by the intimate partner or family member. (2) In this section— associate, of a person, see the Domestic and Family Violence Protection Act 2012, section 24(3). associated domestic violence see the Domestic and Family Violence Protection Act 2012, section 9. s 103AB ins 2023 No. 1 s 63 103B Meaning of domestic violence offence A domestic violence offence is—

(a) an offence against the Domestic and Family Violence Protection Act 2012, part 7; or

(b) an offence against another Act committed by a person where the act or omission that constitutes the offence is also—

(i) domestic violence or associated domestic violence under the Domestic and Family Violence Protection Act 2012 committed by the person; or

(ii) a contravention of the Domestic and Family Violence Protection Act 2012, section 177(2). Note— Under the Domestic and Family Violence Protection Act 2012, section 177(2), a respondent against whom a domestic violence order has been made under that Act must not contravene the order.

s 103B ins 2022 No. 12 s 37 103C Meaning of domestic violence proceeding (1) A domestic violence proceeding is—

(a) a committal proceeding in relation to a charge of a domestic violence offence; or

(b) a summary proceeding under the Justices Act 1886 in relation to a charge of a domestic violence offence; or

(i) is of a type prescribed by regulation; and

(ii) is held before a court at a place prescribed by regulation for the type of proceeding mentioned in subparagraph (i).

(2) A proceeding mentioned in subsection (1)(a), (b) or (c) is a domestic violence proceeding whether or not the proceeding also relates to a charge of an offence other than a domestic violence offence. (3) A reference in subsection (1)(a) to a committal proceeding includes a reference to a registry committal within the meaning of the Justices Act 1886, section 4. s 103C ins 2022 No. 12 s 37 sub 2025 No. 18 s 42 Division 1A Evidence of domestic violence pt 6A div 1A hdg ins 2023 No. 1 s 64 103CA What may constitute evidence of domestic violence (1) For this part, evidence of domestic violence may include, but is not limited to, evidence of any of the following matters—

(a) the history of the domestic relationship between a person and an intimate partner or family member of the person, including—

(i) domestic violence committed by the intimate partner or family member against the person; or

(ii) domestic violence committed by the person against the intimate partner or family member;

(b) the cumulative effect of domestic violence, including the psychological effect, on a person or an intimate partner or family member of the person affected by the violence;

(c) social, cultural or economic factors that affect a person, or an intimate partner or family member of the person, who has been affected by domestic violence;

(d) responses by relatives, the community or agencies to domestic violence, including further violence that may be used by an intimate partner or family member to prevent, or in retaliation for, any help-seeking behaviour or use of safety options by a person;

(e) ways in which social, cultural or economic factors have affected any help-seeking behaviour undertaken by a person, or the safety options realistically available to the person, in response to domestic violence;

(f) ways in which domestic violence by an intimate partner or family member towards a person, or the lack of safety options, was exacerbated by inequities experienced by the person, including, for example, inequities associated with race, poverty, gender identity or expression, sex characteristics, disability or age;

(g) the general nature and dynamics of relationships affected by domestic violence, including the possible consequences of separation from a person who commits domestic violence;

(h) the psychological effect of domestic violence on people who are or have been in a relationship affected by domestic violence;

(i) social or economic factors that affect people who are or have been in a relationship affected by domestic violence.

(2) This section does not limit the Domestic and Family Violence Protection Act 2012, section 8(3). s 103CA ins 2023 No. 1 s 64 103CB Evidence of domestic violence (1) Relevant evidence of domestic violence is admissible as evidence in a criminal proceeding. (2) Without limiting subsection (1), the evidence of domestic violence may relate to—

(a) the defendant; or

(b) the person against whom the offence was committed; or

s 103CB ins 2023 No. 1 s 64 103CC Expert evidence of domestic violence (1) Expert evidence about domestic violence is admissible in a criminal proceeding. (2) Evidence given by an expert may include—

(a) evidence about the nature and effects of domestic violence on persons generally; and

(b) evidence about the effect of domestic violence on a particular person who has been subjected to domestic violence.

(3) For this section, an expert on the subject of domestic violence includes a person who can demonstrate specialised knowledge, gained by training, study or experience, of a matter that may constitute evidence of domestic violence. s 103CC ins 2023 No. 1 s 64 103CD Ultimate issue and common knowledge rules abrogated Evidence of an expert’s opinion given under section 103CC is not inadmissible only because the opinion is about—

(a) a fact in issue or an ultimate issue; or

(b) a matter of common knowledge.

s 103CD ins 2023 No. 1 s 64 Division 2 Recorded statements as complainant’s evidence-in-chief in domestic violence proceedings pt 6A div 2 hdg ins 2022 No. 12 s 37 sub 2023 No. 1 s 65 Subdivision 1 Use and making of recorded statements pt 6A div 2 sdiv 1 hdg ins 2023 No. 1 s 65 amd 2025 No. 18 s 43 103D Use of recorded statement as complainant’s evidence-in-chief (1) The evidence-in-chief of a complainant in a domestic violence proceeding may be given, wholly or partly, as a recorded statement under this part. (2) In determining whether to present all or part of a complainant’s evidence-in-chief as a recorded statement, the prosecution must consider—

(a) the wishes of the complainant; and

(b) any evidence of intimidation of the complainant by the defendant; and

(c) if relevant to the proceeding—the main objects of the Domestic and Family Violence Protection Act 2012 as set out in section 3 of that Act.

(3) To remove any doubt, it is declared that a complainant’s evidence-in-chief under subsection (1) may consist of more than 1 recorded statement made under this part. s 103D ins 2022 No. 12 s 37 amd 2025 No. 18 s 44 103E Requirements for making recorded statements (1) A recorded statement must—

(a) be taken by a police officer; and

(b) be made with the complainant’s informed consent under section 103F; and

(i) the recorded statement is true to the best of the complainant’s knowledge and belief; and

(ii) the complainant made the recorded statement knowing the complainant may be prosecuted for stating in the statement anything the complainant knows is false.

(2) Also, if any part of a recorded statement is in a language other than English—

(a) the recorded statement must contain an oral translation of the part into English; or

(b) a separate written English translation of the part must accompany the statement.

s 103E ins 2022 No. 12 s 37 amd 2025 No. 18 s 45 103F When recorded statement is made with informed consent (1) A recorded statement is made with the informed consent of a complainant if the making of the recorded statement complies with this section. (2) A police officer taking the recorded statement must, before or at the time of starting to take the recorded statement, explain all of the following matters to the complainant—

(a) that the recorded statement may be presented as the complainant’s evidence-in-chief in a court;

(b) that the recorded statement may be disclosed to, and used by, the accused person and other persons regardless of whether the recorded statement is presented as the complainant’s evidence-in-chief;

(c) that, if the recorded statement is presented as the complainant’s evidence-in-chief, the complainant may be required to—

(i) confirm, or testify about, the truthfulness of the recorded statement in the court; and

(ii) give further evidence in the court;

(d) that the complainant may refuse to consent to the making of the recorded statement;

(e) that, if the complainant consents to the making of the recorded statement, the complainant may withdraw their consent at any time while the recorded statement is being taken by the police officer;

(f) any other matter the police officer considers relevant and necessary. Examples of other matters that may be considered relevant and necessary—

• the existence of offences in subdivision 4 relating to particular unauthorised uses and publication of recorded statements or transcripts of recorded statements

• the limitations on disclosure of recorded statements under the Criminal Code, section 590AOB

• the ability for an application to be made for an order under the Domestic and Family Violence Protection Act 2012

(3) After being given an explanation of the matters mentioned in subsection (2), the complainant must indicate in the recorded statement that the complainant—

(a) understands the matters; and

(b) consents to the making of the recorded statement.

s 103F ins 2022 No. 12 s 37 amd 2025 No. 18 s 46 Subdivision 2 Admissibility of recorded statements Note— See also the Criminal Code, section 590AOB in relation to the disclosure of recorded statements by the prosecution. pt 6A div 2 sdiv 2 hdg (prev pt 6A div 3 hdg) ins 2022 No. 12 s 37 renum 2023 No. 1 s 66 103G References to recorded statement In this subdivision, a reference to a recorded statement includes, if the context permits, a reference to a lawfully edited copy of a recorded statement. s 103G ins 2022 No. 12 s 37 amd 2023 No. 1 s 97 sch 1 pt 2 103H Admissibility of recorded statements generally (1) A recorded statement is admissible in a domestic violence proceeding as a complainant’s evidence-in-chief if—

(a) the recorded statement complies with section 103E; and

(b) the recorded statement is a videorecording; and

(d) at the hearing of the proceeding, the complainant—

(i) attests to, or otherwise confirms, the truthfulness of the contents of the recorded statement; and

(ii) is available for cross-examination and re-examination.

(2) However, a court may—

(a) rule all or any part of the contents of a recorded statement inadmissible; and

(b) if part of the recorded statement is ruled inadmissible—direct that the recorded statement be edited or otherwise altered to delete the inadmissible part.

(3) Despite subsection (1), the court hearing a domestic violence proceeding may admit a recorded statement as the complainant’s evidence-in-chief if the court is satisfied—

(a) for a recorded statement that does not comply with section 103E—

(i) the recorded statement substantially complies with section 103E; and

(ii) it would be in the interests of justice for the recorded statement to be admitted; or

(b) for a recorded statement that is an audio recording—

(i) there are exceptional circumstances for the audio recording of the recorded statement to be admitted; and Example of exceptional circumstances— moving images from the recorded statement can not be produced because of a technological error or failure

(ii) the defendant would not be unfairly prejudiced.

(4) Also, despite subsection (1), if the parties to a domestic violence proceeding consent, the court hearing the proceeding may admit a recorded statement as the complainant’s evidence-in-chief without—

(a) the Criminal Code, section 590AOB having been complied with for the recorded statement; or

(b) the complainant having to comply with subsection (1)(d).

(5) If a defendant is not represented by a lawyer, the defendant may give the consent mentioned in subsection (4) only if the court is satisfied the defendant understands the consequences of giving the consent. Note— For a domestic violence proceeding that is a committal proceeding, see section 103I. s 103H ins 2022 No. 12 s 37 amd 2025 No. 18 s 47 103I Admissibility of recorded statements in particular committal proceedings (1) This section applies in relation to a domestic violence proceeding that is a committal proceeding, other than a registry committal within the meaning of the Justices Act 1886, section 4. (2) A transcript of a recorded statement is admissible in the proceeding as a complainant’s evidence-in-chief only if—

(a) the recorded statement would be admissible under section 103H as if subsection (1)(d) of that section were omitted; and

(b) the transcript is admitted as a written statement under the Justices Act 1886, section 110A.

(3) For subsection (2), the Justices Act 1886, section 110A applies with all necessary changes and as though—

(a) a reference in that section to a written statement included a reference to a statement contained in a document as defined under schedule 3; and

(b) subsection (6C)(c) of that section were omitted.

(4) If the transcript is to be tendered as a written statement as provided for in this section—

(a) the complainant is, for the purposes of the Justices Act 1886, section 83A(5AA), to be taken to be the maker of the written statement; and

(b) the recorded statement may be admitted under the Justices Act 1886, section 83A(5AA)(a) in lieu of oral evidence.

(5) This section does not preclude the court from requiring a complainant to—

(a) attest to, or otherwise confirm, the truthfulness of the contents of the transcript or the recorded statement; or

(b) be made available to give further oral evidence or for cross-examination and re-examination.

s 103I ins 2022 No. 12 s 37 amd 2024 No. 48 s 26; 2025 No. 18 s 48 103IA Admissibility of transcripts of recorded statements in registry committals (1) This section applies in relation to a domestic violence proceeding that is a registry committal within the meaning of the Justices Act 1886, section 4. (2) A transcript of a recorded statement is admissible as a complainant’s written statement if the recorded statement would be admissible under section 103H of this Act as if subsection (1)(d) of that section were omitted. s 103IA ins 2024 No. 48 s 27 amd 2025 No. 18 s 49 103J Application of particular provisions to recorded statements Sections 94, 98, 99, 101 and 102 apply in relation to a recorded statement that is admissible in a domestic violence proceeding under section 103H or 103I with all necessary changes and as though—

(a) a reference to a statement included a reference to a recorded statement or transcript of a recorded statement; and

(b) a reference to a person who made a statement or supplied the information recorded in a statement were a reference to the complainant who made a recorded statement.

s 103J ins 2022 No. 12 s 37 103K Relationship with other Acts (1) This section applies in relation to a recorded statement that is admissible in a domestic violence proceeding under section 103H or 103I. (2) The Justices Act 1886, section 111, applies with all necessary changes and as though, in subsection (1), the words ‘read as evidence’ were omitted and the words ‘received as evidence’ were inserted in their place. (3) The Criminal Law Amendment Act 1892, section 4, applies with all necessary changes and as though—

(a) a reference to a deposition included a reference to a transcript of a recorded statement; and

(b) a reference to the reading of a deposition included a reference to the showing of a recorded statement.

s 103K ins 2022 No. 12 s 37 103L Limitation on cross-examination under Justices Act 1886 not affected This part does not affect the application of the Justices Act 1886, section 110C to a domestic violence proceeding. s 103L ins 2022 No. 12 s 37 103M Powers to close court not limited (1) This section applies in relation to a court hearing a domestic violence proceeding. (2) This part does not limit or otherwise affect the operation of a provision of this or another Act under which the court may be closed while particular evidence is presented in the court. Example of a provision of another Act— the Justices Act 1886, section 70 s 103M ins 2022 No. 12 s 37 103N Orders, directions and rulings in relation to complainants (1) A court hearing a domestic violence proceeding may make the orders or give the directions or rulings it considers appropriate for this part on the court’s own initiative or on an application made by a party to the proceeding. (2) Subsection (1) does not limit section 21A, the Criminal Code, section 590AA or the Justices Act 1886, section 83A. s 103N ins 2022 No. 12 s 37 Subdivision 3 Editing or otherwise altering recorded statements pt 6A div 2 sdiv 3 hdg (prev pt 6A div 4 hdg) ins 2022 No. 12 s 37 renum 2023 No. 1 s 66 103O Editing or otherwise altering recorded statements (1) A recorded statement may be edited or otherwise altered only—

(a) with the consent of the parties to the domestic violence proceeding in which the recorded statement is, or is to be, presented; or

(b) if the editing or alteration is required—

(i) to avoid disclosing material that is not required or permitted to be disclosed to the defendant; or Examples—

• to avoid disclosing sensitive evidence under the Criminal Code, section 590AF to the defendant

• to avoid disclosing witness contact details to the defendant that are not required to be disclosed under the Criminal Code, section 590AP

• to avoid disclosing a thing to the defendant that is not required to be disclosed under the Criminal Code, section 590AQ

(ii) to comply with a direction or order of the court. Example— a direction under section 103H(2) that a recorded statement be edited or otherwise altered to delete an inadmissible part

(2) If a defendant is not represented by a lawyer, the defendant may give the consent mentioned in subsection (1)(a) only if—

(a) the Criminal Code, section 590AOB has been complied with for the recorded statement; and

(b) the court is satisfied the defendant understands the consequences of giving the consent.

s 103O ins 2022 No. 12 s 37 Subdivision 4 Offences relating to recorded statements pt 6A div 2 sdiv 4 hdg (prev pt 6A div 5 hdg) ins 2022 No. 12 s 37 renum 2023 No. 1 s 66 103P References to recorded statement, transcript of recorded statement or summary of transcript (1) In this subdivision—

(a) a reference to a recorded statement includes a reference to a copy of a recorded statement; and

(b) a reference to a transcript of a recorded statement includes, if the context permits, a reference to—

(i) a copy of a transcript of a recorded statement; or

(ii) a summary, or a copy of a summary, of a transcript of a recorded statement; and

(c) a reference to a summary of a transcript of a recorded statement includes, if the context permits, a reference to a copy of a summary of a recorded statement.

(2) However, a reference to a copy of a recorded statement in this subdivision does not include a copy that is part of a record, or a transcript of a record, of a legal proceeding under the Recording of Evidence Act 1962. (3) Also, section 4 does not apply to a reference to a copy of a recorded statement in this subdivision. s 103P ins 2022 No. 12 s 37 amd 2023 No. 1 s 97 sch 1 pt 2 103Q Unauthorised possession of, or dealing in, recorded statements or transcripts of recorded statements (1) A person commits an offence if the person—

(a) possesses a recorded statement or a transcript of a recorded statement; or

(b) supplies, or offers to supply, a recorded statement, or a transcript of a recorded statement, to another person; or

Maximum penalty—

(a) for an individual—100 penalty units or 2 years imprisonment; or

(b) for a corporation—1,000 penalty units.

(2) However, a person may do something mentioned in subsection (1)—

(a) for a legitimate purpose related to a domestic violence proceeding or another proceeding, including a proceeding under the Domestic and Family Violence Protection Act 2012; or

(b) if the person is required or permitted to do the thing under an employment-screening Act, other than to the extent stated in subsection (3); or

(c) if the person is the victims’ commissioner under the Victims’ Commissioner and Sexual Violence Review Board Act 2024 performing a function mentioned in section 9(a) of that Act; or

(f) if the person is permitted to do the thing under section 103R.

(3) For subsection (2)(b), a person, for the purpose of making an employment-screening decision—

(a) must not supply, or offer to supply, a transcript of a recorded statement to the employment-screening applicant for the decision; but

(b) may supply, or offer to supply, a summary of a transcript of a recorded statement to the employment-screening applicant for the decision.

s 103Q ins 2022 No. 12 s 37 amd 2024 No. 21 s 109; 2025 No. 18 s 50; 2024 No. 49 s 118 103R Permitted use of transcript of recorded statement by employment-screening applicant or applicant’s lawyer (1) This section applies if an employment-screening applicant is given a written summary of a transcript of a recorded statement because an employment-screening decision has been, or is proposed to be, made about the person. (2) The employment-screening applicant may—

(a) possess the summary; or

(b) supply, or offer to supply, the summary to an Australian lawyer to obtain legal advice in relation to the employment-screening decision; or

(3) The lawyer may possess or copy the summary for the purpose of providing legal advice to the employment-screening applicant in relation to the employment-screening decision. s 103R ins 2022 No. 12 s 37 103S Publishing recorded statements or transcripts of recorded statements prohibited (1) A person must not publish all or part of a recorded statement, or a transcript of a recorded statement, unless the publication—

(a) is approved by the court presiding at the domestic violence proceeding at which the recorded statement is presented; and

(b) complies with the conditions of the court’s approval.

Maximum penalty—

(a) for an individual—100 penalty units or 2 years imprisonment; or

(b) for a corporation—1,000 penalty units.

(2) The court may approve the publication only in exceptional circumstances. (3) In this section— publish means disseminate or provide access to the public or a section of the public by any means, including, for example, by television, radio, the internet, newspaper, magazine or notice. s 103S ins 2022 No. 12 s 37 Subdivision 5 Miscellaneous pt 6A div 2 sdiv 5 hdg ins 2025 No. 18 s 51 103SAA Operation of particular provision not affected in relation to use of recorded statements To remove any doubt, it is declared that nothing in this part limits or otherwise affects the operation of the Domestic and Family Violence Protection Act 2012, section 145. s 103SAA ins 2025 No. 18 s 51 Division 3 Jury directions related to domestic violence pt 6A div 3 hdg ins 2023 No. 1 s 67 Subdivision 1 General matters pt 6A div 3 sdiv 1 hdg ins 2023 No. 1 s 67 103SA Judge may request indication from parties (1) Before a criminal proceeding that is a trial by jury commences, the judge may request that the prosecution and defence (or, if the defendant is unrepresented, the defendant) each inform the judge of whether it is likely that evidence will be adduced in the trial that may require the giving of a direction about all or some of the matters mentioned in subdivision 2. (2) If the judge is informed under subsection (1) that it is likely that evidence will be adduced that may require the giving of a particular direction, the judge is not required to form a view, at that time, about whether to give that direction. (3) Nothing in this section prevents the prosecution, defence or the defendant from later requesting, or making submissions in relation to, the giving of a direction about which the judge was not informed under subsection (1). s 103SA ins 2024 No. 5 s 58 103T Request for direction to jury about domestic violence (1) This section applies in relation to a criminal proceeding that is a trial by jury if domestic violence is an issue in the proceeding. (2) The prosecution or defence may, at any time during the proceeding, ask the judge to direct the jury about domestic violence generally by informing the jury about all or some of the matters mentioned in subdivision 2, other than section 103ZA. (3) The judge may give the jury the requested direction unless there are good reasons for not doing so. s 103T ins 2023 No. 1 s 67 103U Request for direction to jury about self-defence in response to domestic violence (1) This section applies in relation to a criminal proceeding that is a trial by jury if self-defence in response to domestic violence is an issue in the proceeding. (2) The defence may, at any time during the proceeding, ask the judge to direct the jury about self-defence in response to domestic violence by informing the jury about—

(a) the matters mentioned in section 103ZA; or

(b) all or some of the other matters about domestic violence mentioned in subdivision 2.

(3) The judge may give the jury the requested direction unless there are good reasons for not doing so. s 103U ins 2023 No. 1 s 67 103V Judge may direct jury about domestic violence on own initiative (1) This section applies in relation to a criminal proceeding that is a trial by jury if domestic violence is an issue in the proceeding. (2) The judge may, on the judge’s own initiative and in the interests of justice, inform the jury about—

(a) if self-defence in response to domestic violence is an issue in the proceeding—the matters mentioned in section 103ZA; or

(b) all or some of the other matters about domestic violence mentioned in subdivision 2.

s 103V ins 2023 No. 1 s 67 103W Direction may be given before evidence is adduced and may be repeated (1) A judge may give a direction under section 103T, 103U or 103V before any evidence is adduced in a proceeding. (2) The judge may also repeat the direction at any time during the proceeding. s 103W ins 2023 No. 1 s 67 103X Application of subdivision 2 to trial by judge or magistrate sitting alone (1) This section applies to a criminal proceeding that is a trial by a judge or magistrate sitting alone. (2) The court’s reasoning with respect to any matter mentioned in subdivision 2 must, to the extent the court thinks fit, be consistent with how a jury would be directed about the matter under subdivision 2 in the particular case. s 103X ins 2023 No. 1 s 67 103Y No limit of court’s duty to direct jury This division does not limit the matters the court may direct the jury about, including in relation to evidence given by an expert witness. s 103Y ins 2023 No. 1 s 67 Subdivision 2 Content of jury directions about domestic violence pt 6A div 3 sdiv 2 hdg ins 2023 No. 1 s 67 103Z Content of general direction about domestic violence (1) The judge in a criminal proceeding who is directing the jury about domestic violence generally may, if relevant, inform the jury that domestic violence—

(a) is not limited to physical abuse and may, for example, include sexual abuse, psychological abuse or financial abuse; and

(b) may amount to violence against a person even though it is immediately directed at another person; and

(d) may consist of separate acts that form part of a pattern of behaviour that can amount to abuse even though some or all of those acts may, when viewed in isolation, appear to be minor or trivial.

(2) If relevant, the judge may also inform the jury that experience shows that—

(a) people may react differently to domestic violence and there is no typical response to domestic violence; and

(b) it is not uncommon for a person who has been subjected to domestic violence to stay with an abusive partner after the domestic violence, or to leave and then return to the partner; and

(c) it is not uncommon for a person who has been subjected to domestic violence not to report domestic violence to police or seek assistance to stop domestic violence; and

(d) decisions made by a person subjected to domestic violence about how to address, respond to or avoid domestic violence may be influenced by a variety of factors; and Note— See also section 103ZC in relation to the judge informing the jury about factors that may influence a person’s decision-making about how to address, respond to or avoid domestic violence.

(e) it is not uncommon for a decision to leave an intimate partner who is abusive, or to seek assistance, to increase apprehension about, or the actual risk of, harm.

s 103Z ins 2023 No. 1 s 67 103ZA Direction about self-defence in response to domestic violence (1) If the judge in a criminal proceeding is directing the jury about self-defence in response to domestic violence, the judge may inform the jury that—

(a) self-defence is, or is likely to be, an issue in the proceeding; and

(b) as a matter of law, evidence of domestic violence may be relevant to determining whether the defendant acted in self-defence; and

(c) evidence in the trial is likely to include evidence of domestic violence committed by the victim against the defendant or another person whom the defendant was defending.

(2) The judge may also inform the jury that, as a matter of law, evidence that the defendant assaulted the victim on a previous occasion does not mean that the defendant could not have been acting in self-defence in relation to the offence charged. s 103ZA ins 2023 No. 1 s 67 103ZB Examples of behaviour, or patterns of behaviour, that may constitute domestic violence The judge in a criminal proceeding who is directing the jury about domestic violence generally may also inform the jury that behaviour, or patterns of behaviour, that may constitute domestic violence include, but are not limited to, the following—

(a) placing or keeping a person in a dependent or subordinate relationship;

(b) isolating a person from family, friends or other sources of support;

(d) depriving a person of, or restricting a person’s, freedom of movement or action;

(e) restricting a person’s ability to resist violence;

(f) frightening, humiliating, degrading or punishing a person, including punishing a person for resisting violence;

(g) compelling a person to engage in unlawful or harmful behaviour.

s 103ZB ins 2023 No. 1 s 67 103ZC Factors that may influence how a person addresses, responds to or avoids domestic violence (1) This section applies if the judge in a criminal proceeding who is directing the jury about domestic violence generally informs the jury about the matters mentioned in section 103Z(2)(d). (2) The judge may also inform the jury that decisions made by a person subjected to domestic violence, about how to address, respond to or avoid domestic violence, may be influenced by matters including, for example—

(a) the domestic violence itself; or

(b) social, cultural, economic or personal factors, or inequities experienced by the person, including, for example, inequities associated with race, poverty, gender, disability or age; or

(c) responses by family, the community or agencies to the domestic violence or to any help-seeking behaviour or use of safety options by the person; or

(d) the provision of, or failure in the provision of, safety options that might realistically have provided ongoing safety to the person, and the person’s perceptions of how effective those safety options might have been to prevent further harm; or

(e) further violence, or the threat of further violence, used by a family member to prevent, or in retaliation for, any help-seeking behaviour or use of safety options by the person.

s 103ZC ins 2023 No. 1 s 67 103ZD Direction about lack of complaint or delay in making complaint (1) This section applies if, in a criminal proceeding for a domestic violence offence, evidence is given, or is likely to be given, or a question is asked, or is likely to be asked, of a witness that tends to suggest—

(a) an absence of complaint in relation to the commission of the domestic violence offence by the person against whom the offence is alleged to have been committed (the complainant); or

(b) delay by the complainant in making a complaint in relation to the commission of the domestic violence offence.

(2) The judge—

(a) must direct the jury that the absence of complaint or delay in complaining does not, of itself, indicate that the allegation that the domestic violence offence was committed is false; and

(b) must direct the jury that there may be good reasons why a complainant of domestic violence may hesitate in making, or may refrain from making, a complaint about a domestic violence offence; and Examples of good reasons—

1 The person was overborne by the abuse of a relationship of authority, trust or dependence.

2 The person has employed strategies to cope with the domestic violence offence such as suppression or disassociation from the offence.

3 The person has a fear of ostracism from their community.

(c) must not direct the jury that the absence of complaint or delay in complaining is relevant to the complainant’s credibility unless there is sufficient evidence to justify the direction.

(3) The judge may also repeat the direction at any time during the criminal proceeding. (4) If the criminal proceeding also relates to a sexual offence alleged to have been committed by the defendant against the same complainant, the judge may—

(a) also give a warning under section 103ZZ; or

(b) give a single warning to address both types of offences.

s 103ZD ins 2024 No. 5 s 63 Part 6B Evidence related to sexual offences pt 6B hdg ins 2024 No. 5 s 59 Division 1 Exclusion of public pt 6B div 1 hdg ins 2024 No. 5 s 59 103ZE Court to exclude public while complainant gives evidence (1) This section applies in relation to a criminal proceeding that relates, wholly or partly, to a charge for a sexual offence. (2) While a complainant gives evidence in the proceeding, the court must exclude from the courtroom all persons other than the following—

(a) the counsel and solicitor of the complainant;

(b) the defendant and the defendant’s counsel and solicitor;

(d) the prosecutor;

(e) an intermediary under part 2, division 4C for the complainant;

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

(g) any person whose presence will provide emotional support to the complainant;

(h) if the complainant is under or apparently under the age of 17 years—the parent or guardian of the complainant unless, in the court’s opinion, the presence of that person would not be in the complainant’s interests;

(i) any person who makes application to the court to be present and whose presence, in the court’s opinion—

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

(ii) would not be prejudicial to the interests of the complainant.

(3) Subsection (2) applies regardless of the way in which the complainant gives evidence. Examples of ways in which the complainant may give evidence—

• the complainant gives evidence outside the courtroom and the evidence is transmitted to the courtroom by audio visual link or other means

• the complainant’s evidence is pre-recorded and later presented in the courtroom

• an audio visual or audio recording of the complainant, such as body worn camera footage of the complainant speaking to a police officer or another person, is presented in the courtroom

(4) Subsection (2) does not limit the power of the court to exclude from the courtroom any person, including a defendant. (5) If the criminal proceeding is a trial by jury, the judge must instruct the jury that—

(a) they should not draw any inference as to the defendant’s guilt from the exclusion of the public; and

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

s 103ZE ins 2024 No. 5 s 59 Division 2 Prohibitions and restrictions in relation to particular questions and evidence pt 6B div 2 hdg ins 2024 No. 5 s 59 103ZF Application of division This division applies in relation to a criminal proceeding that relates, wholly or partly, to a charge for a sexual offence. s 103ZF ins 2024 No. 5 s 59 103ZG Prohibition on questions and evidence concerning sexual reputation of complainant The court must not allow any questions as to, or admit any evidence of, the sexual reputation of the complainant. s 103ZG ins 2024 No. 5 s 59 103ZH Restriction on questions and evidence concerning complainant’s sexual activities The complainant must not be cross-examined, and the court must not admit any evidence, as to the sexual activities, whether consensual or non-consensual, of the complainant (other than those to which the charge relates), without the leave of the court. s 103ZH ins 2024 No. 5 s 59 103ZI Application for leave An application for leave under section 103ZH—

(a) in the case of a summary trial, must be filed with the Magistrates Court at the place at which the trial will be held and served on each other party to the trial at least 7 days before the trial; and

(b) in the case of a committal proceeding, must be filed with the Magistrates Court at the place at which the proceeding will be held, and served on each other party to the proceeding at least 7 days before the proceeding; and

(c) in the case of a trial, must be filed with the Supreme Court or District Court, as the case requires, and served on each other party to the trial—

(i) at least 14 days before the day on which the trial is listed to commence; or

(ii) if a special hearing is to be held—at least 14 days before the hearing.

s 103ZI ins 2024 No. 5 s 59 103ZJ Application for leave out of time If it is in the interests of justice to do so, the court may hear and decide an application for leave under section 103ZH after the expiry of the relevant time limit stated in section 103ZI. s 103ZJ ins 2024 No. 5 s 59 103ZK Contents of application for leave (1) An application for leave under section 103ZH must be in writing and set out the matters required by subsection (2) or (3), as the case requires. (2) An application for leave to cross-examine the complainant as to the sexual activities of the complainant must set out—

(a) the initial questions sought to be asked of the complainant; and

(b) the scope of the questioning sought to flow from the initial questioning; and

(c) how the evidence sought to be elicited from the questioning has substantial probative value or why it is proper matter for cross-examination as to credit.

(3) An application for leave to admit evidence as to the sexual activities of the complainant must—

(a) identify the evidence that is sought to be admitted; and

(b) set out how the evidence has substantial probative value.

(4) If it is in the interests of justice to do so, the court may waive the requirement under subsection (1) that an application for leave be made in writing. s 103ZK ins 2024 No. 5 s 59 103ZL Hearing of application for leave An application for leave under section 103ZH must be heard in the absence of the jury (if any) and may be heard in the absence of the complainant. s 103ZL ins 2024 No. 5 s 59 103ZM Determination of application for leave during summary trial, committal proceeding or trial In the course of a summary trial, committal proceeding or trial, the court must not grant leave under section 103ZH unless it is satisfied that the evidence has substantial probative value or is a proper matter for cross-examination as to credit and that it is in the interests of justice to allow the cross-examination or to admit the evidence, having regard to—

(a) whether the probative value of the evidence outweighs the distress, humiliation and embarrassment that the complainant may experience as a result of the cross-examination or the admission of the evidence, in view of the age of the complainant and the number and nature of the questions that the complainant is likely to be asked; and

(b) the risk that the evidence may arouse in the jury discriminatory belief or bias, prejudice, sympathy or hostility; and

(d) the right of the defendant to fully answer and defend the charge; and

(e) any other relevant matter.

s 103ZM ins 2024 No. 5 s 59 103ZN Limitation on evidence of complainant’s sexual activities Evidence of the complainant’s sexual activities is not to be regarded—

(a) as having substantial probative value by virtue of any inferences it may raise as to general disposition; or

(b) as being a proper matter for cross-examination as to credit unless, because of special circumstances, it would be likely to materially impair confidence in the reliability of the evidence of the complainant.

s 103ZN ins 2024 No. 5 s 59 Division 3 Jury directions related to sexual offences pt 6B div 3 hdg ins 2024 No. 5 s 59 Subdivision 1 Preliminary pt 6B div 3 sdiv 1 hdg ins 2024 No. 5 s 59 103ZO Application of division (1) This division applies in relation to a criminal proceeding—

(a) that is a trial by jury or by a judge sitting alone; and

(b) that relates, wholly or partly, to a charge of a sexual offence.

(2) For a trial by a judge sitting alone, the court’s reasoning with respect to any matter mentioned in subdivision 3 or 4 must, to the extent the court thinks fit, be consistent with how a jury would be directed about the matter under subdivision 3 or 4 in the particular case. s 103ZO ins 2024 No. 5 s 59 Subdivision 2 General matters pt 6B div 3 sdiv 2 hdg ins 2024 No. 5 s 59 103ZP Judge may request indication from parties (1) Before the criminal proceeding commences, the judge may request that the prosecution and defence counsel (or, if the defendant is unrepresented, the defendant) each inform the judge of whether it is likely that evidence will be adduced in the trial that would require the giving of a direction under subdivision 3 or 4. (2) If the judge is informed under subsection (1) that it is likely that evidence will be adduced that would require the giving of a particular direction, the judge is not required to form a view, at that time, about whether to give that direction. (3) Nothing in this section prevents the prosecution, defence counsel or the defendant from later requesting, or making submissions in relation to, the giving of a direction about which the judge was not informed under subsection (1). s 103ZP ins 2024 No. 5 s 59 103ZQ When directions under subdivisions 3 and 4 must be given (1) The judge must give any 1 or more of the directions set out in subdivision 3 in the criminal proceeding—

(a) if there is a good reason to give the direction; or

(b) if requested to give the direction by a party to the proceeding, unless there is a good reason not to give the direction.

(2) If the judge is to give a direction under subdivision 3 or 4, the direction must be given at the earliest time in the criminal proceeding that the judge determines is appropriate. (3) However, subsection (2) does not prevent the judge from giving a direction under subdivision 3 or 4 at any time during the criminal proceeding, including—

(a) before any evidence is adduced in the proceeding; and

(b) in the judge’s summing up to the jury.

(4) The judge may repeat a direction under subdivision 3 or 4 at any time in the criminal proceeding. (5) The judge is not required to use a particular form of words in giving a direction under subdivision 3 or 4. s 103ZQ ins 2024 No. 5 s 59 103ZR No limit of court’s duty to direct jury This division does not limit the matters the court may direct the jury about, including in relation to evidence given by an expert witness. s 103ZR ins 2024 No. 5 s 59 Subdivision 3 Directions to jury—consent and mistake of fact pt 6B div 3 sdiv 3 hdg ins 2024 No. 5 s 59 103ZS Direction about circumstances in which non-consensual sexual activity occurs The judge may direct the jury that non-consensual sexual activity can occur—

(a) in many different circumstances; and

(b) between different kinds of people including—

(i) people who know one another; and

(ii) people who are married to one another; and

(iii) people who are in an established relationship with one another; and

(iv) people of the same or different sexual orientations; and

(v) people of any gender identity, whether or not their gender identity corresponds with the sex assigned to them at birth.

s 103ZS ins 2024 No. 5 s 59 103ZT Direction about responses to non-consensual sexual activity The judge may direct the jury that—

(a) there is no typical, normal or proper response to non-consensual sexual activity; and

(b) people may respond to non-consensual sexual activity in different ways, including by freezing and not saying or doing anything; and Note— Under the Criminal Code, section 348AA(1)(a), for the purposes of chapter 32 of the Code, a person does not consent to an act if the person does not say or do anything to communicate consent.

(c) the jury must avoid making assessments based on preconceived ideas about how people respond to non-consensual sexual activity.

s 103ZT ins 2024 No. 5 s 59 103ZU Direction on lack of physical injury, violence or threats The judge may direct the jury that—

(a) people who do not consent to a sexual activity may not be physically injured or subjected to violence, or threatened with physical injury or violence; and

(b) the absence of injury or violence, or threats of injury or violence, does not, of itself, mean that a person is not telling the truth about a sexual offence.

s 103ZU ins 2024 No. 5 s 59 103ZV Direction on responses to giving evidence The judge may direct the jury that—

(a) trauma may affect people differently, which means that some people may show obvious signs of emotion or distress when giving evidence in court about a sexual offence, but others may not; and

(b) the presence or absence of emotion or distress does not, of itself, mean that a person is not telling the truth about a sexual offence.

s 103ZV ins 2024 No. 5 s 59 103ZW Direction on behaviour and appearance of complainant The judge may direct the jury that it should not be assumed that a person consented to a sexual activity because the person—

(a) wore particular clothing or had a particular appearance; or

(b) consumed alcohol or another drug; or

1 The person attended a nightclub.

2 The person went to the defendant’s home.

(d) acted in a flirtatious or sexual manner; or

(e) worked as a sex worker.

s 103ZW ins 2024 No. 5 s 59 103ZX Direction on mistake of fact in relation to consent The judge may direct the jury that if the jury concludes that the defendant knew or believed that a circumstance mentioned in the Criminal Code, section 348AA(1) existed in relation to a person, that knowledge or belief is enough to show that the defendant did not reasonably believe that the person was consenting to the act. s 103ZX ins 2024 No. 5 s 59 Subdivision 4 Directions to jury—other pt 6B div 3 sdiv 4 hdg ins 2024 No. 5 s 59 103ZY Direction on differences in complainant’s account (1) This section applies if evidence is given, or likely to be given, or a question is asked, or likely to be asked, of a witness that tends to suggest a difference in the complainant’s account that may be relevant to the complainant’s truthfulness or reliability. (2) The judge must direct the jury—

(a) that experience shows—

(i) people may not remember all the details of a sexual offence or may not describe a sexual offence in the same way each time; and

(ii) trauma may affect people differently, including affecting how they recall events; and

(iii) it is common for there to be differences in accounts of a sexual offence; and

(iv) both truthful and untruthful accounts of a sexual offence may contain differences; and

(b) that it is up to the jury to decide whether or not any differences in the complainant’s account are important in assessing the complainant’s truthfulness and reliability.

(3) In this section— difference, in an account, includes—

(a) a gap in the account; and

(b) an inconsistency in the account; and

s 103ZY ins 2024 No. 5 s 59 103ZZ Direction on lack of complaint or delay in making complaint (1) This section applies if evidence is given, or likely to be given, or a question is asked, or is likely to be asked, of a witness that tends to suggest—

(a) an absence of complaint in relation to the commission of the sexual offence the subject of the criminal proceeding by the complainant; or

(b) delay by the complainant in making a complaint in relation to the commission of the sexual offence.

(2) The judge—

(a) must direct the jury that absence of complaint or delay in complaining does not, of itself, indicate that the allegation that the sexual offence was committed is false; and

(b) must direct the jury that there may be good reasons why a person who does not consent to a sexual activity may hesitate in making, or may refrain from making, a complaint about a sexual offence; and Examples of good reasons—

1 The person was overborne by the abuse of a relationship of authority, trust or dependence.

2 The person has employed strategies to cope with the sexual offence such as suppression or disassociation from the offence.

3 The person has a fear of ostracism from their community.

(c) must not direct the jury that absence of complaint or delay in complaining is relevant to the complainant’s credibility unless there is sufficient evidence to justify the direction.

(3) If the criminal proceeding also relates to a domestic violence offence alleged to have been committed by the defendant against the same complainant, the judge may—

(a) also give a warning under section 103ZD; or

(b) give a single warning to address both types of offences.

(4) In this section— domestic violence offence see section 103B. s 103ZZ ins 2024 No. 5 s 59 103ZZA Direction on evidence of post-offence relationship (1) This section applies if evidence is given, or is likely to be given, or a question is asked, or is likely to be asked, of a witness that tends to suggest that, after the sexual offence the subject of the criminal proceeding is alleged to have been committed, the complainant—

(a) continued a relationship with the defendant; or

(b) otherwise continued to communicate with the defendant.

(2) The judge must direct the jury that experience shows that—

(a) people may react differently to non-consensual sexual activity and there is no typical, normal or proper response to non-consensual sexual activity; and

(b) some people who are subjected to non-consensual sexual activity will never again contact the person who subjected them to the activity, while others—

(i) may continue a relationship with that person; or

(ii) may otherwise continue to communicate with that person; and

(i) may continue a relationship with the person who subjected them to the activity; or

(ii) may otherwise continue to communicate with that person.

Examples of good reasons—

1 The person was overborne by the abuse of a relationship of authority, trust or dependence.

2 The person fears family dissolution.

3 The person has a fear of ostracism from their community.

s 103ZZA ins 2024 No. 5 s 59 Subdivision 5 Prohibited directions pt 6B div 3 sdiv 5 hdg ins 2024 No. 5 s 59 103ZZB Prohibited directions etc. in relation to credibility of complainant’s evidence The judge in the criminal proceeding—

(a) must not direct, warn or suggest to the jury that complainants who do not make a complaint or who delay in making a complaint are, as a class, less credible than other complainants; and

(b) must not direct, warn or suggest to the jury in relation to the evidence of complainants who do not make a complaint or who delay in making a complaint—

(i) that it would be dangerous or unsafe to convict the defendant on the evidence; or

(ii) that the evidence should be scrutinised with great care.

s 103ZZB ins 2024 No. 5 s 59 Division 4 Expert evidence in relation to sexual offences pt 6B div 4 hdg ins 2024 No. 5 s 59 Subdivision 1 Evidence about a defendant pt 6B div 4 sdiv 1 hdg ins 2024 No. 5 s 59 sub 2024 No. 48 s 28 103ZZC Definitions for subdivision In this subdivision— relevant evidence, about a defendant, see section 103ZZE. relevant proceeding see section 103ZZD. sexual offence expert evidence panel see section 103ZZH. s 103ZZC ins 2024 No. 5 s 59 amd 2024 No. 48 s 29 103ZZD Meaning of relevant proceeding (1) A relevant proceeding is a criminal proceeding—

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

(b) in which the matters mentioned in the Criminal Code, section 348A(4) are likely to be relevant; and

(2) For subsection (1)(a), it does not matter whether the criminal proceeding also relates to other offences. s 103ZZD ins 2024 No. 5 s 59 103ZZE Meaning of relevant evidence Relevant evidence, about a defendant, is evidence about—

(a) a cognitive impairment of the defendant within the meaning of the Criminal Code, section 348B; or

(b) a mental health impairment of the defendant within the meaning of the Criminal Code, section 348C; or

(c) the effect of an impairment mentioned in paragraph (a) or (b) on the defendant’s ability to communicate, including whether the impairment was a substantial cause of the person not saying or doing anything as mentioned in the Criminal Code, section 348A(4)(b).

s 103ZZE ins 2024 No. 5 s 59 103ZZF Engagement of person included on sexual offence expert evidence panel (1) A party to a relevant proceeding may engage a person who is included on the sexual offence expert evidence panel to give relevant evidence about the defendant in the proceeding. (2) Subsection (1) does not prevent a party to a relevant proceeding engaging an expert other than a person who is included on the sexual offence expert evidence panel to give relevant evidence about the defendant in the proceeding. (3) A person may be engaged under subsection (1) or (2) only if the person is not an excluded person. (4) For subsection (3), a person is an excluded person if the person—

(a) is a relative, friend or acquaintance of the defendant; or

(b) is a party to the relevant proceeding; or

(c) is a potential witness in the proceeding (to a matter in issue other than the provision of expert evidence under this division).

s 103ZZF ins 2024 No. 5 s 59 amd 2024 No. 48 s 31 103ZZG Particular information to be given to person engaged (1) This section applies if a person is engaged by a party to a relevant proceeding to give relevant evidence about the defendant in the proceeding, whether or not the person is included on the sexual offence expert evidence panel. (2) The person may ask the prosecutor for the relevant proceeding to give the person copies of—

(a) the following documents relating to the offence the subject of the proceeding—

(i) an indictment or bench charge sheets;

(ii) summaries or particulars of allegations;

(iii) witness statements, including Evidence Act section 93A device statements;

(iv) exhibits or photographs of exhibits;

(v) transcripts of proceedings;

(vi) a record of interview or transcript of a record of interview; and

(b) the defendant’s criminal history; and

(3) Subsection (2) does not apply to information, contained in a document—

(a) that is sensitive evidence under the Criminal Code, section 590AF; or

(b) that the prosecution would be prevented under another Act or law from giving to the defendant or a lawyer acting for the defendant during a proceeding for the offence; or

(a) a party to the proceeding; or

(b) a relative, friend or acquaintance of a party to the proceeding; or

(c) a potential witness in the proceeding (to a matter in issue other than the provision of expert evidence under this division).

relevant proceeding means a criminal proceeding—

(a) relating wholly or partly to a sexual offence; and

(b) held before a court at a place prescribed by regulation.

sexual offence expert evidence panel means the panel established under section 103ZZH. s 103ZZGA ins 2024 No. 48 s 33 103ZZGB Evidence about the nature of sexual offences and factors that might affect the behaviour of victims (1) The following evidence is admissible in a criminal proceeding relating wholly or partly to a sexual offence and may be given by an expert—

(a) evidence about the nature of sexual offences; and

(b) evidence about the social, psychological and cultural factors that may affect the behaviour of a person who has been the victim, or who alleges that they have been the victim, of a sexual offence, including the reasons that may contribute to a delay on the part of the victim to report the offence.

(2) For this section, an expert on the subject of sexual offences includes a person who can demonstrate specialised knowledge, gained by training, study or experience, of a matter that may constitute evidence about a sexual offence. s 103ZZGB ins 2024 No. 48 s 33 103ZZGC Credibility rule abrogated The credibility rule does not apply to evidence to which section 103ZZGB(1) relates concerning the credibility of another witness if—

(a) the evidence is wholly or substantially based on the expert’s expert knowledge; and

(b) the evidence could substantially affect the assessment of the credibility of the other witness; and

s 103ZZGC ins 2024 No. 48 s 33 103ZZGD Ultimate issue and common knowledge rules abrogated Evidence of an expert’s opinion given under section 103ZZGB is not inadmissible only because the opinion is about—

(a) a fact in issue or an ultimate issue; or

(b) a matter of common knowledge.

s 103ZZGD ins 2024 No. 48 s 33 103ZZGE Engagement of person to give expert advice (1) A party to a criminal proceeding relating wholly or partly to a sexual offence may engage a person other than an excluded person to give evidence to which section 103ZZGB(1) relates, whether or not the person is included on the sexual offence expert evidence panel. (2) The court in a relevant proceeding may engage a person from the sexual offence expert evidence panel other than an excluded person to give evidence to which section 103ZZGB(1) relates in the proceeding if—

(a) no party has engaged an expert to give evidence to which section 103ZZGB(1) relates; and

(b) the court considers there is a good reason to call an expert.

s 103ZZGE ins 2024 No. 48 s 33 103ZZGF Particular information to be given to person engaged (1) This section applies if a person is engaged to give evidence to which section 103ZZGB(1) relates. (2) The person may ask the prosecutor for the proceeding to give the person copies of the following documents relating to the offence that is the subject of the proceeding—

(a) an indictment or bench charge sheets;

(b) summaries or particulars of allegations;

(d) exhibits or photographs of exhibits;

(e) transcripts of proceedings;

(f) any other document or thing in the prosecutor’s possession or to which the prosecutor has access that may be relevant to evidence to which section 103ZZGB(1) relates.

(3) Subsection (2) does not apply to information, contained in a document—

(a) that is sensitive evidence under the Criminal Code, section 590AF; or

(b) that the prosecution would be prevented under another Act or law from disclosing during a proceeding for the offence; or

(4) A person to whom a document or information is disclosed under subsection (2) must not, directly or indirectly, disclose or make use of the document or information other than for the purpose of giving evidence to which section 103ZZGB(1) relates in the proceeding. Maximum penalty—100 penalty units or 2 years imprisonment. s 103ZZGF ins 2024 No. 48 s 33 Subdivision 3 Sexual offence expert evidence panel pt 6B div 4 sdiv 3 hdg ins 2024 No. 5 s 59 103ZZH Chief executive to establish sexual offence expert evidence panel (1) The chief executive must establish and maintain a panel of persons the chief executive is satisfied are suitable to give expert evidence under this division. (2) A person is not suitable for the purpose of subdivision 1 to give relevant evidence about a defendant in a relevant proceeding unless the person can demonstrate specialised knowledge, gained by training, study or experience, in—
(a) psychiatry; or

(b) neuro-cognitive psychology; or

(c) a field of knowledge relevant to assessing—
(i) cognitive impairment of a person within the meaning of the Criminal Code, section 348B or mental health impairment of a person within the meaning of the Criminal Code, section 348C; and

(ii) the effect of such an impairment on the person’s ability to communicate.
(3) A person is not suitable for the purpose of subdivision 2 to give expert evidence in a relevant proceeding, unless the person can demonstrate specialised knowledge, gained by training, study or experience, in a field of knowledge relevant to assessing—
(a) the nature of sexual offences; or

(b) the social, psychological and cultural factors that may affect the behaviour of a person who has been the victim, or who alleges that they have been the victim, of a sexual offence.
(4) Also, a person is not suitable to give expert evidence under this division if—
(a) the person has been the subject of professional discipline; or

(b) the person has been denied, or removed from, professional registration; or

(c) the person has a criminal history that indicates a lack of suitability to give relevant evidence about a defendant in a relevant proceeding.
(5) In determining whether to appoint a person to the sexual offence expert evidence panel, the chief executive may have regard to the cultural competence and capability of the person, including whether the person can demonstrate knowledge and understanding of a particular cultural group. (6) Subsections (2), (3), (4), and (5) do not limit the matters to which the chief executive may have regard in considering the suitability of a person to give expert evidence under this division. (7) The panel established under this section is the sexual offence expert evidence panel. (8) To remove any doubt, it is declared that a person can be appointed to the sexual offence expert evidence panel to perform both functions if they meet the suitability criteria for both. s 103ZZH ins 2024 No. 5 s 59 amd 2024 No. 48 s 34 103ZZI Removal of person from sexual offence expert evidence panel (1) This section applies if the chief executive decides a person included on the sexual offence expert evidence panel is no longer suitable to give expert evidence under this division. (2) The chief executive must—
(a) remove the person from the sexual offence expert evidence panel; and

(b) give the person a written notice stating the reasons for the decision.
s 103ZZI ins 2024 No. 5 s 59 amd 2024 No. 48 s 35 103ZZJ Criminal history report (1) This section applies for deciding under section 103ZZH or 103ZZI whether a person is suitable to give expert evidence under this division. (2) The chief executive may ask the police commissioner for—
(a) a written report about the criminal history of the person; and

(b) a brief description of the circumstances of a conviction mentioned in the criminal history.
(3) However, the chief executive may make the request only if the person has given the chief executive written consent for the request. (4) The police commissioner must comply with the request. (5) However, the duty to comply applies only in relation to information in the commissioner’s possession or to which the commissioner has access. (6) In this section— criminal history, of a person, means the person’s criminal history as defined under the Criminal Law (Rehabilitation of Offenders) Act 1986, other than spent convictions. s 103ZZJ ins 2024 No. 5 s 59 amd 2024 No. 48 s 36 103ZZK Confidentiality of criminal history information (1) This section applies to a person who possesses criminal history information because the person is or was an officer, employee or agent of the department. (2) The person must not, directly or indirectly, disclose the criminal history information to another person unless the disclosure is permitted under subsection (3). Maximum penalty—100 penalty units. (3) The person may disclose the criminal history information to another person—
(a) to the extent necessary to perform the person’s functions under this Act; or

(b) if the disclosure is authorised under an Act; or

(c) if the disclosure is otherwise required or permitted by law; or

(d) if the person to whom the information relates consents to the disclosure; or

(e) if the disclosure is in a form that does not identify the person to whom the information relates; or

(f) if the information is, or has been, lawfully accessible to the public.
(4) The chief executive must ensure a document containing criminal history information is destroyed as soon as practicable after it is no longer needed for the purpose for which it was requested. (5) In this section— criminal history information means a report, or information contained in a report, given to the chief executive under section 103ZZJ. s 103ZZK ins 2024 No. 5 s 59 Part 6C Limits on publishing information in relation to sexual offences pt 6C hdg ins 2024 No. 5 s 69 Division 1 Preliminary pt 6C div 1 hdg ins 2024 No. 5 s 69 103ZZL Definitions for part In this part— accredited media entity means an entity listed as an accredited media entity in the Supreme Court’s media accreditation policy. complainant means a person in relation to whom a sexual offence has been, or is alleged to have been, committed. identifying matter, in relation to a complainant, means—
(a) the name, address, place of employment or another particular of the complainant or another person that is likely to lead to the identification of the complainant as a victim of a sexual offence or an alleged sexual offence; or

(b) a photograph, picture, videotape, digital image or other visual representation of the complainant or another person that is likely to lead to the identification of the complainant as a victim of a sexual offence or an alleged sexual offence.
publish means disseminate or provide access to the public or a section of the public by any means, including by—
(a) publication in a book, newspaper, magazine or other written publication; and

(b) broadcast by radio, television or the internet; and

(c) broadcast on a social media platform or an online social network; and

(d) public exhibition.
Supreme Court’s media accreditation policy means the media accreditation policy in effect and made under or appended to a practice direction of the Supreme Court. s 103ZZL ins 2024 No. 5 s 69 Division 2 Publishing identifying matter in relation to complainants pt 6C div 2 hdg ins 2024 No. 5 s 69 103ZZM Definitions for division In this division— capacity see the Guardianship and Administration Act 2000, schedule 4. consent means informed consent by a person with the capacity to give the consent. s 103ZZM ins 2024 No. 5 s 69 103ZZN Offence to publish identifying matter in relation to complainant (1) A person must not publish identifying matter in relation to a complainant. Maximum penalty—
(a) for an individual—100 penalty units or 2 years imprisonment; or

(b) for a corporation—1,000 penalty units. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 103ZZZR, to have also committed the offence.
(2) If the complainant is a complainant against whom a sexual offence is alleged to have been committed, subsection (1) applies only if a person has been charged with the sexual offence. (3) Subsection (1) does not apply if the complainant is deceased. s 103ZZN ins 2024 No. 5 s 69 103ZZO Section 103ZZN does not apply if complainant publishes identifying matter about themself Section 103ZZN does not apply to a complainant who publishes identifying matter—
(a) that is in relation to themself; and

(b) that does not identify, and is not likely to lead to the identification of—
(i) another person against whom a sexual offence is alleged to have been committed (other than the person charged with or convicted of the sexual offence against the complainant); or

(ii) a child (other than the complainant if the complainant is a child) who is a complainant, defendant or witness in a criminal proceeding about the sexual offence alleged to have been committed against the complainant.
Note— Other laws may limit publication of information about a complainant, including, for example, defamation law, the Mental Health Act 2016, chapter 17, part 4 and the Youth Justice Act 1992, section 301. s 103ZZO ins 2024 No. 5 s 69 103ZZP Defence to prosecution for offence against s 103ZZN—adult gives consent to defendant It is a defence to a prosecution for an offence against section 103ZZN for the defendant to prove that—
(a) the publication was about a complainant who—
(i) had consented in writing to the defendant for the defendant to publish the information; and

(ii) was an adult at the time the consent was given; and

(b) the publication was in accordance with the limits, if any, set by the complainant; and

(c) the publication does not identify, and is not likely to lead to the identification of—
(i) another person against whom a sexual offence is alleged to have been committed (other than the person charged with or convicted of the sexual offence against the complainant); or

(ii) a child who is a complainant, defendant or witness in a criminal proceeding about the sexual offence alleged to have been committed against the complainant.
s 103ZZP ins 2024 No. 5 s 69 103ZZQ Defence to prosecution for offence to s 103ZZN—adult gives consent to court (1) It is a defence to a prosecution for an offence against section 103ZZN for the defendant to prove that—
(a) the publication was about a complainant who—
(i) had consented in writing to a relevant court for the defendant to publish the information; and

(ii) was an adult at the time the consent was given; and

(b) the relevant court notified the defendant of the consent before the publication.
(2) In this section— relevant court means a court, tribunal, commission, inquiry or other judicial or non-judicial body established by legislation to hear the information the subject of the publication. s 103ZZQ ins 2024 No. 5 s 69 103ZZR Defence to prosecution for offence to s 103ZZN—adult gives consent to police It is a defence to a prosecution for an offence against section 103ZZN for the defendant to prove that—
(a) the publication was about a complainant who—
(i) had consented in writing to the police commissioner or an employee of the police service for the defendant to publish the information; and

(ii) was an adult at the time the consent was given; and

(b) the police commissioner or an employee of the police service notified the defendant of the consent before the publication.
s 103ZZR ins 2024 No. 5 s 69 103ZZS Defence to prosecution for offence against s 103ZZN—child gives consent to defendant (1) It is a defence to a prosecution for an offence against section 103ZZN for the defendant to prove that—
(a) the publication was about a complainant who—
(i) had consented in writing to the defendant for the defendant to publish the information; and

(ii) was a child at the time the consent was given; and

(b) the consent was accompanied by a supporting statement that complies with subsection (2) made by a relevant person; and

(c) the publication was in accordance with the limits, if any, set by the complainant; and

(d) the publication does not identify, and is not likely to lead to the identification of—
(i) another person against whom a sexual offence is alleged to have been committed (other than the person charged with or convicted of the sexual offence against the complainant); or

(ii) another child who is a complainant, defendant or witness in a criminal proceeding about the sexual offence alleged to have been committed against the complainant.
(2) For the purposes of subsection (1)(b), a supporting statement must state that the relevant person is of the opinion that—
(a) the complainant understands—
(i) what it means to be identified as a victim of a sexual offence; and

(ii) the consequences of losing anonymity; and

(b) the complainant had capacity to give the consent.
(3) In this section— relevant person means—
(a) a medical practitioner; or

(b) a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student; or

(c) a person who is of a class of persons prescribed by regulation.
s 103ZZS ins 2024 No. 5 s 69 103ZZT Section 103ZZN does not apply if ordered by Supreme Court upon application by defendant (1) A defendant charged with a sexual offence in a criminal proceeding may apply to the Supreme Court for an order that section 103ZZN does not apply in relation to a complainant. (2) The Supreme Court may make an order under subsection (1) if the court is satisfied that—
(a) the order is required for the purpose of inducing persons to come forward who are likely to be needed as witnesses in the criminal proceeding; or

(b) the conduct of the defendant’s defence in the proceeding is likely to be substantially prejudiced if the order is not made.
(3) The complainant has standing to be heard in relation to the making of the order. (4) In deciding whether to make the order, the Supreme Court must have regard to—
(a) any views and wishes of the complainant, whether or not the complainant appears before the court under subsection (3); and

(b) any views and wishes of any other complainants in the criminal proceeding.
s 103ZZT ins 2024 No. 5 s 69 103ZZU Section 103ZZN does not apply if ordered by Supreme Court upon application by offender (1) This section applies to a person (the offender) who—
(a) has been convicted of a sexual offence; and

(b) has given the Court of Appeal a notice of appeal against the conviction or a notice of application for leave to appeal against the conviction.
(2) The offender may apply to the Supreme Court for an order that section 103ZZN does not apply in relation to a complainant. (3) The Supreme Court may make an order under subsection (2) if the court is satisfied that—
(a) the order is required for the purpose of obtaining evidence in support of the appeal; and

(b) the offender is likely to suffer substantial injustice if the order is not made.
(4) The complainant has standing to be heard in relation to the making of the order. (5) In deciding whether to make the order, the Supreme Court must have regard to—
(a) any views and wishes of the complainant, whether or not the complainant appears before the court under subsection (4); and

(b) any views and wishes of any other complainants in the criminal proceeding in which the offender was convicted.
s 103ZZU ins 2024 No. 5 s 69 Division 3 Publishing identifying matter in relation to defendants pt 6C div 3 hdg ins 2024 No. 5 s 69 103ZZV Definitions for division In this division— eligible person, in relation to a charge of a prescribed sexual offence, means the complainant, the defendant or the prosecution. identifying matter, in relation to a defendant, means—
(a) the name, address, place of employment or another particular of the defendant or another person that is likely to lead to the identification of the defendant as a person charged with a prescribed sexual offence; or

(b) a photograph, picture, videotape, digital image or other visual representation of the defendant or another person that is likely to lead to the identification of the defendant as a person charged with a prescribed sexual offence.
interim order see section 103ZZZA(1). non-publication order see section 103ZZW(2). prescribed sexual offence means any of the following offences—
(a) rape;

(b) attempt to commit rape;

(c) assault with intent to commit rape;

(d) an offence against the Criminal Code, section 352.
sentenced means sentenced by a Magistrates Court. s 103ZZV ins 2024 No. 5 s 69 103ZZW Application for non-publication order, and notice of application (1) This section applies if a defendant is charged with a prescribed sexual offence. (2) An eligible person may apply to a Magistrates Court for an order (a non-publication order) prohibiting the publication, before the defendant is committed for trial or sentence or sentenced on the charge, of identifying matter relating to the defendant. (3) The applicant must give 3 business days’ notice of their intention to make the application to—
(a) the court; and

(b) each other eligible person.
(4) However, the court may hear an application for a non-publication order despite the failure of the applicant to give notice under subsection (3) if the court is satisfied—
(a) there is a good reason for notice not having been given under subsection (3); or

(b) it is in the interests of justice that the court hear the application without notice having been given under subsection (3).
(5) Also, if the applicant is the defendant, notice to the complainant—
(a) must not be given personally by the defendant; and

(b) must be given by the prosecution giving a copy of the notice to the complainant or another person nominated to receive correspondence on the complainant’s behalf in relation to the matter.
(6) Notice under subsection (5) may be given by electronic communication. s 103ZZW ins 2024 No. 5 s 69 103ZZX Notifications to accredited media entities (1) On receiving a notice under section 103ZZW(3), the court must take reasonable steps to ensure that each accredited media entity is notified of the application. (2) The notification may be by electronic communication or any other way the court considers appropriate. s 103ZZX ins 2024 No. 5 s 69 103ZZY Grounds for non-publication order The court may make a non-publication order if satisfied of 1 or more of the following grounds—
(a) the order is necessary to prevent prejudice to the proper administration of justice;

(b) the order is necessary to prevent undue hardship or distress to a complainant or witness in relation to the charge;

(c) the order is necessary to protect the safety of any person.
s 103ZZY ins 2024 No. 5 s 69 103ZZZ Procedure for making non-publication order (1) Each of the following persons may appear and be heard by the court on an application for a non-publication order—
(a) the applicant;

(b) an eligible person in relation to the charge to which the application relates;

(c) an accredited media entity;

(d) any other person whom the court considers has sufficient interest in the question of whether the order should be made.
(2) The court may order that the application be heard in closed court. (3) In hearing the application the court—
(a) may receive and take into account evidence of any kind that it considers credible or trustworthy in the circumstances; and

(b) must consider the following—
(i) the primacy of the principle of open justice;

(ii) the public interest;

(iii) any submissions made or views expressed by or on behalf of the complainant about the application;

(iv) any special vulnerabilities of the complainant or the defendant;

(v) any cultural considerations relating to the complainant or the defendant;

(vi) the potential effect of publication in a rural or remote community;

(vii) the potential to prejudice any future court proceedings;

(viii) the history and context of any relationship between the complainant and the defendant (including, for example, any domestic violence history);

(ix) any other matter the court considers relevant.
(4) If the court grants the application, the court must state in the order—
(a) the grounds on which the order is made; and

(b) any identifying matter that is not covered by the order; and

(c) the extent to which publication of identifying matter is prohibited; and

(d) that the order ceases to have effect when the defendant is committed for trial or sentence or sentenced on the charge or when the charge is withdrawn, whichever happens first.
s 103ZZZ ins 2024 No. 5 s 69 103ZZZA Interim orders (1) If an application is made to the court for a non-publication order, the court may, without determining the merits of the application, make an order (an interim order) prohibiting the publication of identifying matter relating to the defendant. (2) An interim order has effect until—
(a) it is revoked by the court; or

(b) the court finally decides the application.
(3) If the court makes an interim order, the court must hear and decide the application as a matter of urgency and, where practicable, within 72 hours after making the interim order. s 103ZZZA ins 2024 No. 5 s 69 103ZZZB Review of non-publication order (1) The court may review a non-publication order made by the court—
(a) on the court’s own motion; or

(b) on the application of a person mentioned in section 103ZZZ(1)(a) to (d).
(2) Each of the persons mentioned in section 103ZZZ(1)(a) to (d) is entitled to appear and be heard by the court on the review. (3) On a review the court may confirm, vary or revoke the order. s 103ZZZB ins 2024 No. 5 s 69 103ZZZC Contravention of interim order or non-publication order A person must not contravene an interim order or a non-publication order. Maximum penalty—
(a) for an individual––100 penalty units or 2 years imprisonment; or

(b) for a corporation––1,000 penalty units. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 103ZZZR, to have also committed the offence.
s 103ZZZC ins 2024 No. 5 s 69 Division 4 Complainant privacy orders pt 6C div 4 hdg ins 2024 No. 5 s 69 103ZZZD Definitions for division In this division— complainant privacy order see section 103ZZZG(1). interim complainant privacy order see section 103ZZZL. vexatious, in relation to an application or a proceeding under this division, includes—
(a) an abuse of the process of a court; and

(b) made or commenced to harass or annoy, to cause delay or detriment, or for another wrongful purpose; and

(c) made, commenced or pursued without reasonable grounds; and

(d) pursued or conducted in a way so as to harass or annoy, cause delay or detriment, or achieve another wrongful purpose.
s 103ZZZD ins 2024 No. 5 s 69 103ZZZE Applying for complainant privacy order (1) A person with sufficient interest may apply to a court for a complainant privacy order in relation to a deceased complainant. (2) The application must set out the reasons the applicant believes—
(a) it is necessary to prohibit or restrict the publication of identifying matter in relation to the complainant; and

(b) why the publication would cause undue distress to the applicant.
(3) The applicant must disclose all material facts in relation to the application. (4) If the complainant is a complainant against whom a sexual offence is alleged to have been committed, an application for a complainant privacy order can only be made if a person has been charged with the sexual offence. (5) To remove any doubt, it is declared that an application for a complainant privacy order can not be made by or on behalf of the offender or defendant. s 103ZZZE ins 2024 No. 5 s 69 103ZZZF Notifications to accredited media entities (1) On receiving an application for a complainant privacy order, the court must take reasonable steps to ensure that each accredited media entity is notified of the application for the order. (2) The notification may be made by electronic communication or any other way the court considers appropriate. (3) An entity that receives the notification may appear and be heard at the hearing of the application. (4) Nothing in this section limits any other requirement for an applicant to serve an application on any other party to the proceeding on the application. s 103ZZZF ins 2024 No. 5 s 69 103ZZZG Court may make complainant privacy order (1) On an application under section 103ZZZE, the court may make an order prohibiting or restricting the publication of identifying matter (a complainant privacy order) if satisfied that it is necessary to avoid causing undue distress to the applicant. (2) In deciding whether to make a complainant privacy order, the court—
(a) must have regard to public interests in accordance with subsection (3); and

(b) may have regard to the nature and circumstances of the offending or alleged offending as part of the consideration of any undue distress to the applicant; and

(c) must take into account any views of the complainant about being publicly identified after their death as a victim of a sexual offence or an alleged sexual offence that were expressed during the complainant’s lifetime, if known, following reasonable enquiries; and

(d) must take into account any risk that—
(i) the application, proceeding for the application or the complainant privacy order may be used to perpetrate domestic violence; or

(ii) the application or proceeding for the application is vexatious; and

(e) must be satisfied that the applicant is a person with sufficient interest and, for that purpose, may have regard to the following in relation to the applicant and the complainant—
(i) the nature and closeness of the relationship between them, including their social and emotional ties;

(ii) the duration of the relationship between them and the frequency of contact;

(iii) whether they lived together or related together in a home environment;

(iv) any financial dependence or interdependence between them;

(v) any other form of dependence or interdependence between them;

(vi) the provision of any paid or unpaid responsibility or care by or between them;

(vii) the provision of sustenance or support by or between them;

(viii) any history of domestic violence or other offending or alleged offending by the applicant against the complainant that would make the applicant not an appropriate person to be granted an order;

(ix) whether they were in a relationship that had cultural recognition as being like family in the applicant’s or the complainant’s community;

(x) any other factors the court considers relevant; and

(f) may have regard to any cultural considerations relevant to the applicant or complainant; and

(g) must not take into account the views of the offender or defendant.
(3) Despite subsection (1), a court may only make a complainant privacy order if satisfied that the particular circumstances make it necessary to displace public interests in, as relevant, the principles of open justice and freedom of expression, including free communication and disclosure of information. s 103ZZZG ins 2024 No. 5 s 69 103ZZZH Duration of complainant privacy orders (1) The period for which a complainant privacy order, other than an interim complainant privacy order, operates must be—
(a) decided by the court; and

(b) stated in the order.
(2) The period for which a complainant privacy order operates—
(a) may be for a fixed or ascertainable period; and

(b) subject to sections 103ZZZI, 103ZZZJ and 103ZZZP, must not exceed 5 years.
(3) Despite subsection (1), a complainant privacy order is automatically revoked on whichever is the latest of—
(a) the death of the person who applied for the order; or

(b) if more than 1 person applied for the same order, the death of the last of those persons.
s 103ZZZH ins 2024 No. 5 s 69 103ZZZI Application for extension of complainant privacy orders (1) A person in relation to whom a complainant privacy order has been made may apply to the court that made the order for an extension of the duration of the order. (2) The applicant must disclose all material facts in relation to the application. (3) An application under subsection (1) must be made before the expiry of the complainant privacy order. (4) If an application under subsection (1) is made, the complainant privacy order that is the subject of the application continues in operation until the application is determined, despite the period of the complainant privacy order fixed in accordance with section 103ZZZH. s 103ZZZI ins 2024 No. 5 s 69 103ZZZJ Court may extend complainant privacy order (1) On an application under section 103ZZZI(1), the court must take reasonable steps to ensure that each accredited media entity is notified of the application for extension of the duration of the order. (2) The notification may be by electronic communication or any other way the court considers appropriate. (3) A person mentioned in subsection (1) is entitled to appear and be heard by the court on the application. (4) Also, the following persons are entitled to appear and be heard by the court on the application—
(a) a person other than the applicant who has a sufficient interest in whether the order should be extended;

(b) a party to a current proceeding before a court relating to the sexual offence or alleged sexual offence to which the order relates, other than the offender or defendant.
(5) On an application under section 103ZZZI(1), the court may extend the duration of a complainant privacy order if satisfied that it is necessary to avoid causing undue distress to the applicant. (6) In deciding whether to extend the duration of the complainant privacy order, the court—
(a) must have regard to the public interests in accordance with subsection (7); and

(b) may have regard to the nature and circumstances of the offending or alleged offending as part of the consideration of any undue distress to the applicant; and

(c) must take into account any views of the complainant about being publicly identified after their death as a victim of a sexual offence or an alleged sexual offence that were expressed during the complainant’s lifetime, if known, following reasonable enquiries; and

(d) must take into account any risk that—
(i) the application, proceeding on the application or the extended complainant privacy order may be used to perpetrate domestic violence; or

(ii) the application or proceeding on the application is vexatious; and

(e) must not take into account the views of the offender or defendant.
(7) A court is only to extend the duration of a complainant privacy order if satisfied that the particular circumstances make it necessary to displace public interests in, as relevant, the principles of open justice and freedom of expression, including free communication and disclosure of information. (8) A person may apply for an extension of the duration of a complainant privacy order more than once and a court may extend the duration of a complainant privacy order more than once. (9) The period of an extension of a complainant privacy order must not exceed 5 years in relation to each extension. s 103ZZZJ ins 2024 No. 5 s 69 103ZZZK Scope and effect of complainant privacy order (1) A complainant privacy order must state—
(a) to whom the order applies, including whether the order applies to—
(i) specific persons or bodies as stated in the order; or

(ii) the general public at large; and

(b) the identifying matter to which the order applies with sufficient detail to ensure that it is readily apparent from the terms of the order what matter is subject to the order.
(2) A complainant privacy order must not prevent the publication of details of a sexual offence or an alleged sexual offence or the identification of an offender or a defendant if that publication is not likely to lead to the identification of the complainant as a victim of the offence or alleged offence. s 103ZZZK ins 2024 No. 5 s 69 103ZZZL Interim complainant privacy orders (1) If an application is made to a court for a complainant privacy order, the court may make an order (an interim complainant privacy order) in relation to the application. (2) An interim complainant privacy order may be made without deciding the merits of the application under section 103ZZZG. (3) An interim complainant privacy order has effect until—
(a) the substantive application is decided; or

(b) the order is revoked by a court.
(4) If a court makes an interim complainant privacy order, the court must decide the substantive application for the complainant privacy order as a matter of urgency. s 103ZZZL ins 2024 No. 5 s 69 103ZZZM Evidence court may receive and take into account In hearing an application under this division a court may receive and take into account evidence of any kind that it considers credible or trustworthy in the circumstances. s 103ZZZM ins 2024 No. 5 s 69 103ZZZN Where complainant privacy order or interim complainant privacy order applies (1) A complainant privacy order or an interim complainant privacy order applies only to the prohibition or restriction on the publication of identifying matter relating to a complainant in a place where the order applies, as stated in the order. (2) Subject to subsection (3), a complainant privacy order or an interim complainant privacy order is not limited to applying in Queensland and may be made to apply anywhere in Australia. (3) A complainant privacy order or an interim complainant privacy order must not be made to apply outside Queensland unless the court is satisfied that having the order apply outside Queensland is necessary for achieving the purpose for which the order is made. s 103ZZZN ins 2024 No. 5 s 69 103ZZZO Disclosure of particular information not prevented A complainant privacy order or an interim complainant privacy order does not apply to or prevent a disclosure of information to a person or body prescribed by regulation for the purposes of enabling the person or body to perform a statutory function prescribed by regulation for the person or body. s 103ZZZO ins 2024 No. 5 s 69 103ZZZP Review of complainant privacy order or interim complainant privacy orders (1) A court that made a complainant privacy order or an interim complainant privacy order may review the order for the purpose of confirming, varying or revoking the order—
(a) on the court’s own motion; or

(b) on the application of—
(i) the person who applied for the order; or

(ii) any other person who has a sufficient interest in whether the order should be confirmed, varied or revoked; or

(iii) a party to any current proceeding before a court relating to the sexual offence or alleged sexual offence to which the order relates, other than the offender or defendant; or

(iv) an accredited media entity.
(2) The applicant must disclose all material facts in relation to the application. (3) To remove any doubt, it is declared that an application for review can not be made by or on behalf of the offender or defendant. (4) On deciding to review an order on the court’s own motion or on receiving an application under subsection (1)(b), the court must take reasonable steps to ensure that each accredited media entity is notified of the own motion review or the application for review. (5) The notification may be made by electronic communication or any other way the court considers appropriate. (6) Each of the persons mentioned in subsection (1)(b) or (4) is entitled to appear and be heard by the court on the review, whether or not the person is the applicant for the review. (7) Subject to subsection (10), on a review, the court may confirm, vary or revoke the complainant privacy order or interim complainant privacy order, as appropriate. (8) In deciding whether to confirm, vary or revoke the complainant privacy order or interim complainant privacy order, the court—
(a) must have regard to public interests in accordance with subsection (9); and

(b) may have regard to the nature and circumstances of the offending or alleged offending as part of the consideration of any undue distress to the applicant; and

(c) must take into account any views of the complainant about being publicly identified after their death as a victim of a sexual offence or an alleged sexual offence that were expressed during the complainant’s lifetime, if known, following reasonable enquiries; and

(d) must taken into account any risk that—
(i) the application, proceeding on the application or a confirmed, varied or revoked order or interim order may be used to perpetrate domestic violence; or

(ii) the application or the proceeding on the application is vexatious; and

(e) must be satisfied that the applicant is a person with a sufficient interest and, for that purpose, may have regard to the following in relation to the applicant and the complainant—
(i) the matters mentioned in section 103ZZZG(2)(e)(i) to (vii) and (ix);

(ii) any history of domestic violence or other offending or alleged offending by the applicant against the complainant that would make the applicant not an appropriate person to be granted the confirmation, variation or revocation of the order;

(iii) any other factors the court considers relevant; and

(f) must not take into account the views of the offender or defendant.
(9) A court is only to confirm or vary a complainant privacy order or an interim complainant privacy order if satisfied that the particular circumstances make it necessary to displace public interests in, as relevant, the principles of open justice and freedom of expression, including free communication and disclosure of information. (10) Unless the court considers it is not appropriate to do so, the court must revoke a complainant privacy order or an interim complainant privacy order if the application for revocation of the order is made by the person who applied for the order. s 103ZZZP ins 2024 No. 5 s 69 103ZZZQ Offence to contravene complainant privacy order or interim complainant privacy order (1) A person must not engage in conduct that constitutes a contravention of a complainant privacy order or an interim complainant privacy order that is in force if that person knows, or ought reasonably to know, that the order is in force. Maximum penalty—
(a) for an individual––100 penalty units or 2 years imprisonment; or

(b) for a corporation––1,000 penalty units. Note— If a corporation commits an offence against this provision, an executive officer of the corporation may be taken, under section 103ZZZR, to have also committed the offence.
(2) For the purposes of subsection (1), in the absence of evidence to the contrary, a person is taken to know that a complainant privacy order or an interim complainant privacy order is in force if a court has electronically transmitted notice of the order to the person. s 103ZZZQ ins 2024 No. 5 s 69 Division 5 Other provisions pt 6C div 5 hdg ins 2024 No. 5 s 69 103ZZZR Executive officer may be taken to have committed offence (1) If a corporation commits an offence against section 103ZZN(1), 103ZZZC or 103ZZZQ(1), each executive officer of the corporation is taken to have also committed the offence if—
(a) the officer authorised or permitted the corporation’s conduct constituting the offence; or

(b) the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.
(2) The executive officer may be proceeded against for, and convicted of, the offence whether or not the corporation has been proceeded against for, or convicted of, the offence. (3) This section does not affect either of the following—
(a) the liability of the corporation for the offence against section 103ZZN(1), 103ZZZC or 103ZZZQ(1);

(b) the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 103ZZN(1), 103ZZZC or 103ZZZQ(1).
(4) In this section— executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer. s 103ZZZR ins 2024 No. 5 s 69 103ZZZS Part provides additional protection This part is in addition to and does not prejudice any other provision or rule of law directed towards the protection of witnesses or other persons in a criminal proceeding from identification. s 103ZZZS ins 2024 No. 5 s 69 103ZZZT Part does not affect other laws This part does not prevent a person from giving information that is permitted or required to be given under another law. s 103ZZZT ins 2024 No. 5 s 69 103ZZZU Other laws prohibiting or restricting publication not limited or otherwise affected (1) Nothing in this part limits or otherwise affects any other law that prohibits or restricts, or authorises a court or tribunal to prohibit or restrict, the publication of identifying matter in relation to a complainant or identifying matter in relation to a defendant. (2) In this section— identifying matter, in relation to a defendant, see section 103ZZV. s 103ZZZU ins 2024 No. 5 s 69 Part 7 Reproductions of documents Division 1 Preliminary 104 Definitions for part In this part— affidavit includes statutory declarations. business includes any undertaking. machine copy, in relation to a document, means a copy of the document made by a machine performing a process—
(a) involving the production of a latent image of the document (not being a latent image on photosensitive material on a transparent base) and the development of that image by chemical means or otherwise; or

(b) that, without the use of photosensitive material, produces a copy of the document simultaneously with the making of the document.
original document means—
(a) when referred to in connection with the production of a document in answer to legal process issued by a court, the document that would, if this part had not been enacted, be required to be produced in answer to that process; or

(b) when referred to in connection with the admissibility of a document in evidence in a proceeding—
(i) a document that would, if this part had not been enacted, be admissible in evidence in that proceeding in lieu of another document where a party to the proceeding failed to produce that other document in response to notice to do so given to the party by another such party; or

(ii) any other document that would, if this part had not been enacted, be admissible in evidence in that proceeding.
reproduction in relation to a document means a machine copy of the document or a print made from a transparency of the document and reproduce and any derivatives thereof have a corresponding meaning. transparency, in relation to a document, means—
(a) a developed negative or positive photograph of that document (an original photograph) made on a transparent base by means of light reflected from, or transmitted through, the document; or

(b) a copy of an original photograph made by the use of photosensitive material (being photosensitive material on a transparent base) placed in surface contact with the original photograph; or

(c) any 1 of a series of copies of an original photograph, the first of the series being made by the use of photosensitive material (being photosensitive material on a transparent base) placed in surface contact with a copy referred to in paragraph (b) of this definition, and each succeeding copy in the series being made, in the same manner, from any preceding copy in the series.
s 104 amd 1990 No. 80 s 3 sch 1; 1993 No. 76 s 3 sch 1; 1995 No. 58 s 4 sch 1 Division 2 Reproduction of official documents 105 Certified reproductions of certain official documents etc. to be admissible without further proof (1) In this section— approved person means—
(a) a person the Minister declares by gazette notice to be an approved person; or

(b) where an original document to which this section relates is a document filed in a court or the official record of a proceeding, the registrar or other proper officer of the court in which the document was filed or before which the proceeding took place.
(2) A person shall not fail or cease to be an approved person by reason only of a misdescription or an abbreviated description of a designated office by virtue of which the person would, but for the misdescription or abbreviated description, be an approved person, where the misdescription or abbreviation does not materially affect identification of that person. (3) A document that purports to be a copy of an original document shall, without further proof, be admissible in evidence in a proceeding as if it were the original document of which it purports to be a copy, if it bears or is accompanied by a certificate, purporting to have been signed by an approved person, that it is a reproduction of a document that was in the custody or control of that person in the person’s official capacity—
(a) where the reproduction is a machine copy, at the time the machine copy was made; or

(b) where the reproduction is a print made from a transparency, at the time when the transparency was made.
(4) Where an approved person is served with legal process to produce a document to a court it shall be a sufficient answer to such process if the person to whom the process is addressed sends by post, or causes to be delivered, to the registrar or proper officer of the court requiring the production of the document a reproduction, certified as provided by this section, of the document and, where more than 1 document is specified howsoever in the legal process, further certifies, that, to the best of the person’s knowledge and belief, the reproductions so sent or caused to be delivered are reproductions of the whole of the documents in question. (5) For the purposes of this section and without prejudice to any form of custody or control, an approved person shall be deemed to have custody or control of a document at the time the transparency of the document was made if—
(a) the person has custody or control of the transparency; and

(b) the transparency—
(i) incorporates a transparency of a certificate purporting to have been signed by an approved person to the effect that the transparency was made as a permanent record of a document in the custody or under the control of the person who signed the certificate; or

(ii) is 1 of a series of transparencies that incorporates, as part of the series, a transparency of such a certificate relating to the transparencies in the series.
(6) Division 3 of this part shall not apply to or in respect of a reproduction of a document referred to in this division. s 105 amd 1984 No. 71 s 2; 1995 No. 58 s 4 sch 1; 1997 No. 82 s 36 Division 3 Reproduction of business documents 106 Admissibility of reproductions of business documents destroyed, lost or unavailable (1) Subject to this part, a document that purports to be a copy of an original document made or used in the course of a business shall, upon proof that it is a reproduction made in good faith and that the original document has been destroyed or lost, whether wholly or in part, or that it is not reasonably practicable to produce the original document or to secure its production, be admissible in evidence in any proceeding to the extent to which the contents of the original document of which it purports to be a copy would have been admissible and it shall, subject to proof of the same matters, be a sufficient answer to legal process issued by a court, requiring production of a document to the court, for the person required by that process to produce the document to produce such a reproduction of the document. (2) Without prejudice to any other mode of proof an affidavit purporting to have been made by a person at or about the time the person made a machine copy of or photographed a document—
(a) stating the person’s full name, address and occupation; and

(b) identifying or describing the document and indicating whether the document is itself a reproduction; and

(c) stating the day upon which the person made the machine copy or photograph, the condition of the document at that time with respect to legibility and the extent of any damage thereto; and

(d) describing the machine or process by which the person made the machine copy or photograph; and

(e) stating that the making of the machine copy or photograph was properly carried out by the use of apparatus or materials in good working condition with the object of making a machine copy or, as the case may be, a transparency of the document; and

(f) stating that the machine copy or photograph is a machine copy or photograph made in good faith;
shall be evidence, whether or not such person is available to be called as a witness, that the machine copy or, as the case may be, a transparency of the document referred to in the affidavit is a machine copy or transparency made in good faith and, in the case of a machine copy is, or in the case of a transparency can be used to produce, a reproduction of the document. 107 Use of photographing machines (1) For this part, a regulation may declare a machine to be an approved machine. (2) Subject to this part, but in addition to and without derogating from the provisions of section 106(1), a print made from a transparency of an original document (being a document made or used in the course of business) shall be admissible in evidence in a proceeding to the extent to which the contents of the original document would have been admissible, whether the document is still in existence or not, upon proof that the transparency was made in good faith by using a machine that, at the time the transparency was made, was an approved machine and that the print is a print of the image on the transparency. (3) Without prejudice to any other mode of proof an affidavit purporting to have been made by a person at or about the time the person photographed a document by means of an approved machine—
(a) stating the person’s full name, address and occupation and the person’s functions or duties (if any) in relation to copying documents; and

(b) identifying or describing the document and indicating whether the document is itself a reproduction; and

(c) stating the day upon which the document was photographed, the condition of the document at that time with respect to legibility and the extent of any damage to the document; and

(d) stating the person from whose custody or control the document was produced for photographing or on whose behalf or in the course of whose business the document was photographed; and

(e) identifying the approved machine and stating that the photographing was properly carried out in the ordinary course of business by the use of apparatus and materials in good working order and condition and in accordance with the conditions (if any) attaching to the approval of such machine as so notified; and

(f) stating that the document was photographed in good faith;
shall be evidence, whether such person is available to be called as a witness or not, that a transparency of the document referred to in the affidavit was made in good faith by using an approved machine and bears an image of the document. s 107 amd 1995 No. 58 s 4 sch 1; 1999 No. 16 s 2 sch 108 Affidavit of maker of print from transparency to be evidence Without prejudice to any other mode of proof an affidavit purporting to have been made by a person at or about the time the person made a print from a transparency of a document—
(a) stating the person’s full name, address and occupation; and

(b) identifying the transparency; and

(c) stating the day upon which the print was made, the condition of the transparency and the extent of any damage thereto; and

(d) describing the process by which the person made the print; and

(e) stating that the printing was properly carried out by the use of apparatus and materials in good working order and condition with the object of reproducing the whole of the image on the transparency; and

(f) stating that the print was made in good faith;
shall be evidence, whether such person is available to be called as a witness or not, that the print was made in good faith and reproduces the whole of the image on the transparency. 109 Proof where document processed by independent processor Where a person having the custody or control of a document—
(a) delivers the document, or causes it to be delivered to another person (the processor) whose business is or includes the reproduction or photographing of documents for other persons; and

(b) receives from the processor—
(i) a machine copy or transparency of a document; and

(ii) an affidavit by the processor under section 106 or 107;
an affidavit made by the person at or about that time giving particulars of the person’s custody or control of the document, its delivery to the processor and the person’s receipt from the processor, of the document and the machine copy or transparency shall, whether the person who had the custody or control of the document is available to be called as a witness or not, be admissible in a proceeding as evidence of the facts stated therein. 110 Reproduction not to be admitted as evidence unless transparency in existence (1) Save as provided in subsection (2) a reproduction made from a transparency shall not be admitted as evidence pursuant to this division in any proceeding unless the court is satisfied—
(a) that the transparency is in existence at the time of the proceeding; and

(b) that the document reproduced was—
(i) in existence for a period of at least 12 months after the document was made; or

(ii) delivered or sent by the party tendering the reproduction to the other party or 1 of the other parties to the proceeding.
(2) The provisions of subsection (1)(b) do not apply with respect to a print made from a transparency made by using an approved machine where, at the time the print was made, the transparency was in the custody or control of—
(a) a Minister of the Crown in right of the Commonwealth or of the State of Queensland or of any other State or any officer in any government department under the direct control of any such Minister; or

(b) any council, board, commission, trust or other body established or constituted by or under the law of the Commonwealth or of the State of Queensland or of any other State or Territory for any public purpose; or

(c) a financial institution; or

(d) any corporation that is registered under the Life Insurance Act 1995 (Cwlth) where the document reproduced relates to the life insurance business of that corporation.
s 110 amd 1995 No. 58 s 4 sch 1; 1997 No. 17 s 74 sch; 2003 No. 77 s 75 111 Transparency etc. may be preserved in lieu of document Where any Act passed before or after the commencement of this Act requires a document to which this division applies to be preserved for any purpose for a longer period of time than 3 years it shall be a sufficient compliance with such a requirement to preserve, in lieu of any such document more than 3 years old, a transparency thereof made by using an approved machine together with an affidavit relating to the transparency being a transparency and an affidavit to which section 115 applies. 112 Proof of destruction of documents etc. A statement by any person in an affidavit made for the purposes of this division—
(a) that the person destroyed or caused the destruction of a document; or

(b) that after due search and inquiry a document can not be found; or

(c) that, for the reasons specified therein, it is not reasonably practicable to produce a document or secure its production; or

(d) that a transparency of a document is in the custody or control of a person, corporation or body referred to in section 110(2); or

(e) that a document was made or was used in the course of the person’s or the person’s employer’s business; or

(f) that the person has made transparencies of a series of documents including the affidavit by photographing them in their proper order;
shall be evidence of the fact or facts stated, whether that person is available to be called as a witness or not. 113 One affidavit sufficient in certain circumstances (1) This section applies to and in respect of transparencies, made by using an approved machine, of a series of documents that—
(a) bear or have been given serial numbers in arithmetical order; or

(b) bear or have been marked with the same distinctive identification mark; or

(c) purport from their contents to relate to the same subject matter, to the same person or persons or to a matter between persons;
where the documents are photographed in their proper order on a continuous length of film or, where the documents are marked in accordance with paragraph (a) or (b), on separate films. (2) An affidavit made pursuant to this division shall be deemed to be an affidavit in respect of all or any of the transparencies of a series of documents to which this section applies if it is photographed as part of the series and in lieu of identifying or describing each individual document photographed, it states the general nature of the documents in the series and—
(a) the serial numbers of the first and last document in the series; or

(b) the distinctive identification mark; or

(c) the person or persons, or the matter between persons, to which the documents refer;
as the case may require. (3) Notwithstanding anything contained in this division, a print that purports to be made from a transparency of an affidavit referred to in subsection (2) shall be admissible in evidence in a proceeding as if it were the affidavit from which the transparency was made, if—
(a) it is produced or tendered with a print made from a transparency of a document in the series to which the affidavit relates; and

(b) an affidavit under section 108 relating to both prints is also produced or tendered.
114 Certification required when affidavit etc. not contained in length or series of film Where any affidavit relating to the reproduction of a document is not an affidavit referred to in section 113(2), a copy thereof duly certified to be a true copy—
(a) in the case of an affidavit in the custody of a body corporate—by the chairperson, secretary or by a director or manager thereof; or

(b) in any other case—by a justice of the peace;
shall, unless the court otherwise orders, be admissible in evidence in a proceeding as if it were the affidavit of which it is certified to be a true copy. 115 Discovery, inspection and production where document destroyed or lost (1) In this section— affidavit includes—
(a) a transparency, made as provided in section 113, of an affidavit; and

(b) a copy, certified as provided in section 114, of an affidavit.
(2) This section applies to—
(a) a transparency of a destroyed or lost document, where a print made from the transparency would, subject to compliance with the conditions prescribed by this part for the purpose, be admissible in evidence in a proceeding; and

(b) an affidavit that would be evidence or, where the affidavit is itself in the form of a transparency, that could be the means of providing evidence, pursuant to this part, of compliance with those conditions in so far as they relate to the making of the transparency and the destruction or loss of the document.
(3) Where any person has the custody or control of a transparency and an affidavit to which this section applies and, but for the destruction or loss of the document from which the transparency was made would be required by any law, order of court, practice or usage—
(a) to give discovery of the document; or

(b) to produce the document for inspection; or

(c) to permit the making of a copy of the document or the taking of extracts therefrom; or

(d) to supply a copy of the document;
the law, order, practice or usage shall, subject to this section, be deemed to extend to the transparency and affidavit. (4) For the purposes of this section—
(a) the obligation imposed by this section in respect of a requirement referred to in subsection (3)(b) shall be deemed to include an obligation—
(i) to provide proper facilities for reading the image on the transparency and, where the affidavit is itself in the form of a transparency, the image on the transparency of the affidavit; or

(ii) to produce for inspection a print made from the transparency and, where the affidavit is itself in the form of a transparency, a print made from the transparency of the affidavit, together in each case, with an affidavit that would under section 108 be evidence that the print was made in good faith and reproduces the image on the transparency; and

(b) the obligation imposed by this section in respect of a requirement referred to in subsection (3)(d) shall be deemed not to include an obligation to supply a copy of any transparency but to include, in lieu thereof, an obligation to supply the print and affidavit or, as the case may require, the prints and affidavits, referred to in paragraph (a)(ii).
(5) Where any person has the custody or control of a transparency and an affidavit to which this section applies and is required by legal process issued by a court to produce to the court the document from which the transparency was made, that legal process shall be deemed to require the production by the person of—
(a) a print, made in good faith, that reproduces the image on the transparency; and

(b) the affidavit or, where the affidavit is itself in the form of a transparency, a print, made in good faith, that reproduces the image on the transparency of the affidavit.
s 115 amd 2022 No. 12 s 52 sch 1 pt 1 Division 4 General 116 Copies to be evidence Notwithstanding any other provision of this part, where a document has been copied by means of a photographic or other machine which produces a facsimile copy of the document, the copy is, upon proof to the satisfaction of the court that the copy was taken or made from the original document by means of the machine, admissible in evidence to the same extent as the original document would be admissible in evidence without—
(a) proof that the copy was compared with the original document; and

(b) notice to produce the original document having been given.
117 Further reproduction may be ordered by court (1) Subject to this section, where a print made from a transparency is, in a proceeding, tendered in evidence pursuant to the provisions of this part and—
(a) the court is not satisfied that the print is a legible copy of the original document; or

(b) a party to the proceeding questions the authenticity of the print and applies for an order under this section;
the court may reject the print tendered and order that a further print be made from a transparency of the original document. (2) A further print made in compliance with an order made under this section shall be made—
(a) where the order is made under subsection (1)(a), at the cost of the party who tendered the rejected print; or

(b) where the order is made under subsection (1)(b), in the presence of a person appointed by the court for the purpose and at the cost of the party who applied for the order.
(3) Where a print to which division 2 of this part relates is rejected under this section, a print made in compliance with an order under this section shall be made in the same premises as the rejected print or, where this is not practicable, in accordance with directions given by the court. 118 Colours and tones of reproductions (1) For the purposes of this part, the production of a reproduction of a document to a court in answer to a legal process, or the admission of such a reproduction in evidence in a proceeding, shall not be precluded on the ground that it is not a copy of an original document or, where the reproduction is a print made from a transparency, on the ground that the transparency does not bear an image of an original document, if the reproduction is not such a copy, or the transparency does not bear such an image, by reason only of the fact—
(a) that, in the process by which the reproduction or transparency was made, the colours or tones appearing in the original document were altered or reversed in the reproduction or transparency; or

(b) that any number or mark of identification added for the purposes of section 113 appears in the reproduction or transparency.
(2) A document may be certified under division 2 of this part to be a reproduction of an original document notwithstanding that—
(a) any writing or representation describing or identifying colours in the original document appears in the reproduction; or

(b) any colours appearing in the reproduction were added after it was made and before certification.
119 Notice to produce not required Where a reproduction of a document is admissible in evidence pursuant to this part, it shall be so admissible whether or not notice to produce the document of which it is a reproduction has been given. 120 Proof of comparisons not required Where a reproduction of a document is tendered as evidence pursuant to this part, no proof shall be required that the reproduction was compared with the original document. 121 Presumptions as to ancient documents Any presumption that may be made in respect of a document over 20 years old may be made with respect to any reproduction of that document admitted in evidence under this part in all respects as if the reproduction were the document. 122 Reproductions made in other States Where a reproduction is made of a document in another State or in a Territory and would be admissible in evidence in a proceeding in that State or Territory under a law of that State or Territory corresponding with this part, or a law of that State or Territory that a regulation declares to correspond with this part, the reproduction shall be admissible in evidence in a proceeding in Queensland in the same circumstances, to the same extent and for the like purpose as it would be admissible in evidence in a proceeding in that State or Territory under the law of that State or Territory. s 122 amd 1995 No. 58 s 4 sch 1 123 Judicial notice Where any Act or law requires a court to take judicial notice of the seal or signature of any court, person or body corporate appearing on a document and a reproduction of that document is, pursuant to this part, admitted in evidence in a proceeding, the court shall take judicial notice of the image of the seal or signature on the reproduction to the same extent as it would be required to take judicial notice of the seal or signature on the document. 124 A court may reject reproduction Notwithstanding anything contained in this part, a court may refuse to admit in evidence a reproduction tendered pursuant to this part if it considers it inexpedient in the interests of justice to do so as a result of any reasonable inference drawn by the court from the nature of the reproduction, the machine or process by which it or, in the case of a print from a transparency, by which the transparency was made, and any other circumstances. 125 Weight of evidence In estimating the weight to be attached to a reproduction of a document admitted in evidence pursuant to this part, regard shall be had to the fact that, if the person making an affidavit pursuant to this part is not called as a witness, there has been no opportunity to cross-examine the person, and to all the circumstances from which any inference may reasonably be drawn as to—
(a) the necessity for making the reproduction or, in the case of a print from a transparency, the transparency or for destroying or parting with the document reproduced; or

(b) the accuracy or otherwise of the reproduction; or

(c) any incentive to tamper with the document or to misrepresent the reproduction.
126 Provisions of part are alternative The provisions of this part shall be construed as in aid of and as alternative to any provision of any other part, any other law or any practice or usage with respect to the production to a court or the admissibility in evidence in a proceeding of reproductions of documents. 127 s 127 om 2001 No. 71 s 551 sch 1 128 Regulation may exclude application of provisions A regulation may declare that this part, or a provision of this part, does not apply to a document. s 128 sub 1995 No. 58 s 4 sch 1 129 Public Records Act 2023 not affected This part does not affect the Public Records Act 2023. s 129 sub 1993 No. 76 s 3 sch 1; 2002 No. 11 s 62 sch 1 amd 2023 No. 33 s 107 sch 5 Part 7A Coincidence evidence and tendency evidence pt 7A hdg ins 2024 No. 48 s 40 sub 2025 No. 32 s 23 129AA Application (1) This part applies to criminal proceedings. (2) Despite subsection (1), this part does not apply to—
(a) bail or sentencing proceedings; or

(b) evidence that relates only to the credibility of a witness; or

(c) evidence of the character, reputation or conduct of a person, or a tendency that a person has or had, to the extent that the character, reputation, conduct or tendency is a fact in issue.
(3) To avoid doubt, any principle or rule of the common law that prevents or restricts the admissibility of evidence about propensity or similar fact evidence in a proceeding is not relevant when applying this part to tendency evidence or coincidence evidence about a defendant. (4) In determining the probative value of tendency evidence or coincidence evidence for the purpose of this part, it is not open to the court to have regard to the possibility that the evidence may be the result of collusion, concoction or contamination. s 129AA ins 2024 No. 48 s 40 129AB Definitions for part (1) In this part— coincidence evidence—
(a) means evidence that 2 or more events occurred that is adduced or to be adduced to prove, that a person did a particular act or had a particular state of mind on the basis that, having regard to any similarities in the events or circumstances in which they occurred, or any similarities in both the events and the circumstances in which they occurred, it is improbable that the events occurred coincidentally; and

(b) includes evidence from multiple witnesses claiming to be victims of offences committed by a defendant, that is adduced or to be adduced to prove, on the basis of similarities in the claimed acts or the circumstances in which they occurred, that the defendant did an act in issue.
probative value, of evidence, means the extent to which the evidence could rationally affect the assessment of the probability of the existence of a fact in issue. tendency evidence means evidence of the character, reputation or conduct of a person, or a tendency that a person has or had, that is adduced or to be adduced to prove that a person has or had a tendency, whether because of the person’s character or otherwise, to act in a particular way or to have a particular state of mind. tendency rule means the rule of evidence expressed in section 129AD(1). (2) A reference in this part to an act includes a reference to an omission. s 129AB ins 2024 No. 48 s 40 129ABA Committal proceedings (1) Coincidence evidence and tendency evidence may be adduced in a committal proceeding. (2) Sections 129AC to 129AK do not apply in relation to coincidence evidence or tendency evidence adduced or to be adduced in a committal proceeding. s 129ABA ins 2025 No. 32 s 24 129AC Use of evidence for other purposes (1) Evidence that under this part is not admissible to prove a particular matter must not be used to prove that matter even if it is relevant for another purpose. (2) Evidence that under this part can not be used against a party to prove a particular matter must not be used against the party to prove that matter even if it is relevant for another purpose. s 129AC ins 2024 No. 48 s 40 129AD The tendency rule (1) Evidence of the character, reputation or conduct of a person, or a tendency that a person has or had, is not admissible to prove that a person has or had a tendency, whether because of the person’s character or otherwise, to act in a particular way, or to have a particular state of mind unless—
(a) the party seeking to adduce the evidence gave reasonable notice in writing to each other party of the party’s intention to adduce the evidence; and

(b) the court considers that the evidence will, either by itself or having regard to other evidence adduced or to be adduced by the party seeking to adduce the evidence, have significant probative value.
(2) Subsection (1)(a) does not apply if—
(a) the evidence is adduced in accordance with any directions made by the court under section 129AH; or

(b) the evidence is adduced to explain or contradict tendency evidence adduced by another party.
Note— The tendency rule is subject to specific exceptions concerning the character of, or expert opinion about, accused persons, see section 129AJ. (Other provisions of this Act may also operate as further exceptions.) s 129AD ins 2024 No. 48 s 40 129AE Admissibility of tendency evidence in proceedings involving certain child sexual offences (1) This section applies in a proceeding in which the commission by the defendant of an act that constitutes, or may constitute, a relevant child sexual offence is a fact in issue. (2) It is presumed that the following tendency evidence about the defendant will have significant probative value for the purposes of sections 129AD(1)(b) and 129AI(1)—
(a) tendency evidence about the sexual interest the defendant has or had in children, even if the defendant has not acted on the interest;

(b) tendency evidence about the defendant acting on a sexual interest the defendant has or had in children.
(3) Subsection (2) applies whether or not the sexual interest or act to which the tendency evidence relates was directed at a complainant in the proceeding, any other child or children generally. (4) Despite subsection (2), the court may determine that the tendency evidence does not have significant probative value if it is satisfied that there are sufficient grounds to do so. (5) The following matters are not to be taken into account when determining whether there are sufficient grounds for the purposes of subsection (4) unless the court considers there are exceptional circumstances in relation to those matters to warrant taking them into account—
(a) the sexual interest or act to which the tendency evidence relates (the tendency sexual interest or act) is different from the sexual interest or act alleged in the proceeding (the alleged sexual interest or act);

(b) the circumstances in which the tendency sexual interest or act occurred are different from circumstances in which the alleged sexual interest or act occurred;

(c) the personal characteristics of the subject of the tendency sexual interest or act, for example, the subject’s age, sex or gender, are different to those of the subject of the alleged sexual interest or act;

(d) the relationship between the defendant and the subject of the tendency sexual interest or act is different from the relationship between the defendant and the subject of the alleged sexual interest or act;

(e) the period of time between the occurrence of the tendency sexual interest or act and the occurrence of the alleged sexual interest or act;

(f) the tendency sexual interest or act and alleged sexual interest or act do not share distinctive or unusual features;

(g) the level of generality of the tendency to which the tendency evidence relates.
(6) In this section— child means a person under 16 years of age. relevant child sexual offence—
(a) means an offence of a sexual nature committed in relation to a child under 16, including an offence against a provision of the Criminal Code, chapter 22 or 32; but

(b) does not include conduct of a person that has ceased to be an offence since the time when the person engaged in the conduct.
s 129AE ins 2024 No. 48 s 40 129AF The coincidence rule (1) Evidence that 2 or more events occurred is not admissible to prove that a person did a particular act or had a particular state of mind on the basis that, having regard to any similarities in the events or the circumstances in which they occurred, or any similarities in both the events and the circumstances in which they occurred, it is improbable that the events occurred coincidentally unless—
(a) the party seeking to adduce the evidence gave reasonable notice in writing to each other party of the party’s intention to adduce the evidence; and

(b) the court considers that the evidence will, either by itself or having regard to other evidence adduced or to be adduced by the party seeking to adduce the evidence, have significant probative value.
Note— One of the events referred to in this subsection may be an event the occurrence of which is a fact in issue in the proceeding. (2) To avoid doubt, subsection (1) includes the use of evidence from 2 or more witnesses claiming they are victims of offences committed by a person who is a defendant in a criminal proceeding to prove, on the basis of similarities in the claimed acts or the circumstances in which they occurred, that the defendant did an act in issue in the proceeding. (3) Subsection (1)(a) does not apply if—
(a) the evidence is adduced in accordance with any directions made by the court under section 129AH; or

(b) the evidence is adduced to explain or contradict coincidence evidence adduced by another party.
s 129AF ins 2024 No. 48 s 40 129AG Requirements for notices (1) A notice given under section 129AD(1)(a) or 129AF(1)(a) must be given in accordance with any requirement prescribed by regulation. (2) To remove any doubt, it is declared that a regulation may prescribe a minimum notice period for the purpose of section 129AD(1)(a) or 129AF(1)(a). s 129AG ins 2024 No. 48 s 40 129AH Court may dispense with notice requirements (1) The court may dispense with the requirement to give notice under section 129AD(1)(a) or 129AF(1)(a) as the case may be—
(a) on the application of a party; or

(b) on its own initiative if the court considers it appropriate to do so.
(2) To remove any doubt, it is declared that an application under subsection (1) may be made before or after the time that notice would otherwise be required to be given. (3) A direction under subsection (1) may be—
(a) subject to any conditions the court thinks fit; and

(b) given at or before the hearing in which the evidence is to be adduced.
(4) Without limiting the court’s power to impose conditions under this section, those conditions may include 1 or more of the following—
(a) a condition that the party give notice of its intention to adduce the evidence to a specified party, or to each other party other than a specified party;

(b) a condition that the party give notice only in respect of specified tendency evidence, or all tendency evidence that the party intends to adduce other than specified tendency evidence;

(c) a condition that the party give notice only in respect of specified coincidence evidence, or all coincidence evidence that the party intends to adduce other than specified coincidence evidence.
s 129AH ins 2024 No. 48 s 40 129AI Further restrictions on tendency evidence and coincidence evidence adduced by prosecution (1) Tendency evidence about a defendant, or coincidence evidence about a defendant, that is adduced by the prosecution can not be used against the defendant unless the probative value of the evidence outweighs the danger of unfair prejudice to the defendant. (2) However, this section does not apply to—
(a) tendency evidence that the prosecution adduces to explain or contradict tendency evidence adduced by the defendant; or

(b) coincidence evidence that the prosecution adduces to explain or contradict coincidence evidence adduced by the defendant.
s 129AI ins 2024 No. 48 s 40 129AJ Exceptions to tendency rule—evidence about character of an accused person (1) The tendency rule does not apply to—
(a) evidence adduced by a defendant to prove, directly or indirectly, that the defendant is, generally or in a particular respect, a person of good character; or

(b) evidence adduced to refute evidence of the kind referred to in paragraph (a).
(2) The tendency rule also does not apply to—
(a) evidence of the defendant’s character adduced by another defendant if—
(i) the evidence is an opinion about the defendant; and

(ii) the person whose opinion it is has specialised knowledge based on the person’s training, study or experience; and

(iii) the opinion is wholly or substantially based on that knowledge; or

(b) if evidence of the kind referred to in paragraph (a) is admitted, evidence adduced to prove that that opinion evidence should not be accepted.
s 129AJ ins 2024 No. 48 s 40 129AK Standard of proof for tendency evidence or coincidence evidence (1) Tendency evidence or coincidence evidence need not be proved beyond reasonable doubt to the extent that it is adduced as tendency evidence or coincidence evidence unless—
(a) the court is satisfied that there is a significant possibility that the jury will rely on the evidence as being essential to its reasoning in reaching a finding of guilt; or

(b) the evidence is adduced as both tendency evidence or coincidence evidence and as proof of an element or essential fact of a charge.
(2) If tendency evidence or coincidence evidence is adduced as both tendency evidence or coincidence evidence and as proof of an element or essential fact of a charge, the evidence need only be proved beyond reasonable doubt to the extent that it is adduced as proof of the element or essential fact. s 129AK ins 2024 No. 48 s 40 Part 8 Miscellaneous 129A Order that evidence may be given in a different way (1) This section applies in a proceeding that is not a criminal proceeding if either—
(a) the fact in issue is any of the following—
(i) the proof of handwriting;

(ii) the proof of documents;

(iii) the proof of the identity of parties;

(iv) the proof of authority; or

(b) a court considers—
(i) a fact in issue is not seriously in dispute; or

(ii) strict proof of a fact in issue might cause unnecessary or unreasonable expense, delay or inconvenience in a proceeding.
(2) The court may order that evidence of the fact may be given at the trial, or any other stage of the proceeding, in any way the court directs. (3) Without limiting subsection (2), the court may order that evidence of a fact be given by—
(a) a statement on oath of information and belief; or

(b) the production of documents or entries in records; or

(c) the production of copies of documents or copies of entries in records.
(4) The court may at any time vary or revoke an order made under this section. s 129A ins 2011 No. 45 s 146 129B Person may be examined without subpoena or other process (1) A court may order a person who is present at the hearing of a proceeding and compellable to give evidence in the proceeding to give evidence or to produce a document or thing even if a subpoena or other process requiring the person to attend for that purpose has not been duly served on the person. (2) If ordered to give evidence or to produce a document or thing, the person is subject to the same penalties and liabilities as if the person had been duly served with a subpoena or other process. s 129B ins 2011 No. 45 s 146 130 Rejection of evidence in criminal proceedings Nothing in this Act derogates from the power of the court in a criminal proceeding to exclude evidence if the court is satisfied that it would be unfair to the person charged to admit that evidence. 131 Witnesses for defence to be sworn (1) In a criminal proceeding, any person who gives evidence on behalf of the defence shall first take an oath in such manner as the person would by law be obliged to do if the person were a witness for the prosecution. (2) Subsection (1) is subject to part 2, division 1A. s 131 amd 2003 No. 55 s 65 131A Court may order interpreter to be provided In a criminal proceeding, a court may order the State to provide an interpreter for a complainant, defendant or witness, if the court is satisfied that the interests of justice so require. s 131A ins 1997 No. 3 s 122 sch 2 amd 2009 No. 35 s 205 132 Actions for breach of promise of marriage The plaintiff in an action for breach of promise of marriage shall not recover a verdict unless the plaintiff’s testimony is corroborated by some other material evidence in support of such promise. 132A s 132A ins 1997 No. 3 s 122 sch 2 om 2024 No. 48 s 41 132B Prohibited direction in relation to doubts regarding truthfulness or reliability of complainant’s evidence (1) In a criminal proceeding in which more than 1 offence is charged, the judge must not direct the jury that if the jury doubts the truthfulness or reliability of the complainant’s evidence in relation to a charge, that doubt must be taken into account in assessing the truthfulness or reliability of the complainant’s evidence generally or in relation to other charges. (2) Any rule of common law under which a judge is required or permitted to give the jury a direction mentioned in subsection (1) is abolished. (3) This section does not prevent a judge from making a comment on the evidence given in the proceeding that it is appropriate to make in the interests of justice. s 132B prev s 132B ins 1997 No. 3 s 122 sch 2 amd 2012 No. 5 s 221 om 2023 No. 1 s 68 pres s 132B ins 2024 No. 5 s 65 132BAA Prohibited directions etc. in relation to reliability of children’s evidence In a criminal proceeding the judge must not—
(a) direct, warn or suggest to the jury that children as a class are unreliable witnesses; or

(b) direct, warn or suggest to the jury in relation to the uncorroborated evidence of a child—
(i) that it would be dangerous or unsafe to convict the defendant on the evidence; or

(ii) that the evidence should be scrutinised with great care; or

(c) direct, warn or comment to the jury about the reliability of a child’s evidence solely on account of the child’s age.
s 132BAA ins 2024 No. 5 s 65 132BA Delay in prosecuting offence (1) This section applies in relation to a criminal proceeding in which there is a jury. (2) The judge may, on the judge’s own initiative or on the application of a party to the proceeding, give the jury a direction under this section if the judge is satisfied the defendant has suffered a significant forensic disadvantage because of the effects of delay in prosecuting an offence the subject of the proceeding. (3) For subsection (2), a significant forensic disadvantage is not established by the mere fact of delay in prosecuting the offence. (4) In giving the direction, the judge—
(a) must inform the jury of—
(i) the nature of the disadvantage; and

(ii) the need to take the disadvantage into account when considering the evidence; but

(b) must not warn or in any way suggest to the jury that—
(i) it would be dangerous or unsafe to convict the defendant; or

(ii) the complainant’s evidence should be scrutinised with great care.
(5) However, the judge need not give the direction if there are good reasons for not doing so. (6) The judge must not, other than under this section, give the jury a direction about the disadvantages suffered by the defendant because of the effects of delay in prosecuting the offence. (7) In this section— delay, in prosecuting an offence, includes delay in reporting the offence. s 132BA ins 2020 No. 32 s 39 132C Fact finding on sentencing (1) This section applies to any sentencing procedure in a criminal proceeding. (2) The sentencing judge or magistrate may act on an allegation of fact that is admitted or not challenged. (3) If an allegation of fact is not admitted or is challenged, the sentencing judge or magistrate may act on the allegation if the judge or magistrate is satisfied on the balance of probabilities that the allegation is true. (4) For subsection (3), the degree of satisfaction required varies according to the consequences, adverse to the person being sentenced, of finding the allegation to be true. (5) In this section— allegation of fact includes the following—
(a) information under the Penalties and Sentences Act 1992, section 15 or evidence given at a hearing in relation to an order under part 3A of that Act;

(b) information under the Youth Justice Act 1992, section 150(9) or in a pre-sentence report under section 151 of that Act;

(c) information given to the court under the Penalties and Sentences Act 1992, section 179K;

(d) other information or evidence.
s 132C ins 2000 No. 41 s 4 amd 2001 No. 94 s 8; 1992 No. 44 s 341 sch 3 (amd 2002 No. 39 ss 115, 118); 2009 No. 35 s 206; 2009 No. 34 s 45 (1) sch pt 1 amdt 17; 2017 No. 8 s 101 sch 1; 2019 No. 23 s 48 sch 1 pt 2; 2024 No. 54 s 60 sch 1 133 Impounding documents Where a document has been tendered or produced before a court, the court may, whether or not the document is admitted in evidence, direct that the document shall be impounded and kept in the custody of an officer of the court or of another person for such period and subject to such conditions as the court thinks fit. 133A DNA analysts (1) The Director of Forensic Science Queensland under the Forensic Science Queensland Act 2024 may appoint a staff member of Forensic Science Queensland as a DNA analyst if satisfied the staff member has the necessary qualifications and experience to be a DNA analyst. (2) The appointment takes effect on the day it is notified in the gazette. (3) Subsection (4) applies if the police commissioner has entered into a DNA arrangement with a laboratory under the Police Powers and Responsibilities Act 2000, section 488B(1). (4) The chief executive officer, however described, of the laboratory may, by written notice, appoint an employee of the laboratory as a DNA analyst if satisfied the employee has the necessary qualifications and experience to be a DNA analyst. (5) The appointment takes effect—
(a) on the day the notice is given to the employee; or

(b) if a later day is stated in the notice, the later day.
(6) In this section— Forensic Science Queensland means the Office of the Director of Forensic Science Queensland established under the Forensic Science Queensland Act 2024, section 23. s 133A ins 2002 No. 23 s 49 amd 2005 No. 48 s 492 sch 1; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47); 2014 No. 1 s 45; 2022 No. 12 s 52 sch 1 pt 1; 2024 No. 8 s 56 134 Power to appoint a government printer The Governor in Council may appoint a government printer for the State. 134A Production of documents by agencies in relation to civil proceedings (1) A person who is a party to a civil proceeding may make written application to the principal officer of an agency to produce for inspection a document that—
(a) is in the possession of, or under the power of, the agency; and

(b) is relevant to an issue in the proceeding;
if the agency, the principal officer, or a member, officer or employee of the agency, could be ordered, on the application of the person, to produce the document in the proceeding. (2) The principal officer may permit the person, on payment of the prescribed fee, to inspect the document, and take a copy of, or an extract from, the document, at a time and place nominated by the principal officer. (3) If the principal officer permits the person to inspect and take a copy of, or an extract from, the document, the principal officer, and all persons acting on behalf of the principal officer, are entitled to the same protection as they would have had if the acts concerned had been carried out in obedience to a process of the Supreme Court. (4) The principal officer is not required to notify another party to the proceeding of—
(a) the making of the application; or

(b) any action taken in relation to the application.
(4A) The principal officer may delegate his or her powers under this section to an officer or employee of the principal officer’s agency. (5) Subject to subsection (6), this section does not affect—
(a) the operation of any law relating to the disclosure or nondisclosure of information; or

(b) the operation of another law that authorises the inspection or copying of a document otherwise than as provided in this section; or

(c) the power of a court to order the inspection or production of a document.
(6) If a document mentioned in subsection (1) is a document that contains information to which the Hospital and Health Boards Act 2011, section 142(1) applies, the document is, for the purposes of section 143 of that Act, information that is required or permitted to be given under this Act. (7) In this section— agency means—
(a) a department; or

(b) a public authority, other than a prescribed entity, within the meaning of the Right to Information Act 2009, section 16; or

(c) a person or body declared by regulation to be an agency;
but does not include a person or body declared by regulation not to be an agency. principal officer means—
(a) in relation to a department—the chief executive of the department; or

(b) in relation to an agency for which a regulation declares an officer to be the principal officer—the holder of the office; or

(c) in relation to another agency—
(i) if it is an incorporated body that has no members—the person who manages the body’s affairs; or

(ii) if it is a body (whether or not incorporated) that is constituted by 1 person—the person; or

(iii) if it is a body (whether or not incorporated) that is constituted by 2 or more persons—the person who is entitled to preside at a meeting of the body at which the person is present.
s 134A ins 1992 No. 68 s 3 sch 1 amd 1994 No. 24 s 3 (1) sch; 2000 No. 46 s 3 sch; 2005 No. 70 s 94; 2009 No. 13 s 213 sch 5; 2011 No. 32 s 332 sch 1 pt 2 (amd 2012 No. 9 s 47); 2014 No. 17 s 57; 2021 No. 12 s 195 sch 5 pt 1 134AA Access to transcripts of sexual offence proceedings for research (1) For the purpose of allowing a person to carry out research, the chief executive may authorise the person to have access to a transcript of a criminal proceeding that relates wholly or partly to a charge of a sexual offence if—
(a) the chief executive is satisfied—
(i) the research has been approved by—
(A) if the research relates to Aboriginal or Torres Strait Islander peoples—the Australian Institute of Aboriginal and Torres Strait Islander Studies; or

(B) otherwise—a human research ethics committee; and

(ii) the transcript is reasonably necessary for the research; and

(b) the transcript will not be published in a way that could reasonably be expected to result in the identification of any of the persons to whom the transcript relates; and

(c) the person gives a written undertaking to preserve the confidentiality of the transcript and the anonymity of the persons to whom the transcript relates.
(2) The chief executive may contact, or authorise the person to contact, the defendant or complainant in the criminal proceeding to ask if they would like to participate in the research being carried out by the person. (3) The chief executive may authorise the person to use or disclose the transcript, or give access to the transcript, to someone else. (4) The chief executive may impose any other conditions on the authorisation the chief executive considers appropriate. (5) The person must comply with any condition imposed by the chief executive unless the person has a reasonable excuse. Maximum penalty—100 penalty units. s 134AA ins 2024 No. 5 s 72 134B Approval of forms (1) The chief executive may approve forms for—
(a) anything for which this Act requires or permits an approved form to be used; or

(b) another use under this Act.
(2) Subsection (1)(b) does not apply to forms for court proceedings. s 134B ins 1995 No. 58 s 4 sch 1 135 Regulation-making power (1) The Governor in Council may make regulations under this Act. (2) A regulation may be made about—
(a) fees to be charged under this Act; or

(b) the payment of fees and expenses for, or incurred in, taking evidence under part 3, division 2.
s 135 sub 1993 No. 76 s 3 sch 1 Part 9 Transitional and declaratory provisions pt 9 hdg ins 2000 No. 41 s 5 amd 2003 No. 77 s 76 Division 1 Evidence Amendment Act 2000 pt 9 div 1 hdg ins 2003 No. 55 s 66 136 Transitional—Evidence Amendment Act 2000 (1) Section 132C applies to a sentencing procedure regardless of whether the offence or the conviction for the offence giving rise to the sentencing procedure happened before or after the commencement of this section. (2) In this section— conviction means a finding of guilt, or the acceptance of a plea of guilty, by a court. sentencing procedure means a sentencing procedure started after the commencement of this section. s 136 prev s 136 ins 1995 No. 58 s 4 sch 1 exp 28 May 1996 (see s 136(4)) pres s 136 ins 2000 No. 41 s 5 Division 1A Justice and Other Legislation Amendment Act 2003 pt 9 div 1A hdg ins 2004 No. 43 s 3 sch 136A Declaratory provision for Justice and Other Legislation Amendment Act 2003 To remove any doubt, it is declared that the chief executive (premiers) has always had the powers mentioned in section 58(1) and (2). s 136A (prev s 137) ins 2003 No. 77 s 77 renum 2004 No. 43 s 3 sch Division 2 Evidence (Protection of Children) Amendment Act 2003 pt 9 div 2 hdg ins 2003 No. 55 s 67 137 Definitions for div 2 In this division— amending Act means the Evidence (Protection of Children) Amendment Act 2003. commencement day means—
(a) for section 138—the day the amending Act, section 56 commences; or

(b) for section 139—the day the amending Act, section 57 commences; or

(c) for sections 140, 141 and 142—the day the amending Act, section 60 commences.
originating step, for a proceeding, means—
(a) the arrest of the defendant in the proceeding; or

(b) the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or

(c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382.
s 137 def originating step amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84, 86) s 137 ins 2003 No. 55 s 67 138 Communications between a husband and wife Section 8(3) applies to communications whether made before or after the commencement day. s 138 ins 2003 No. 55 s 67 139 Evidence admitted under repealed s 9 (1) Section 9D applies to evidence admitted before the commencement day under repealed section 9 as if the evidence had been admitted under section 9A. (2) In this section— repealed section 9 means section 9 as in force before the commencement day. s 139 ins 2003 No. 55 s 67 140 Committal proceeding Part 2, division 4A, subdivision 2 applies to a committal proceeding only if an originating step for the proceeding is taken on or after the commencement day. s 140 ins 2003 No. 55 s 67 141 Prerecording of evidence for a summary trial Part 2, division 4A, subdivision 3 applies to a summary trial for a relevant offence only if an originating step for the proceeding is taken on or after the commencement day. s 141 ins 2003 No. 55 s 67 142 Prerecording of evidence for a trial on indictment Part 2, division 4A, subdivision 3 applies to a trial on indictment for a relevant offence only if the indictment is presented on or after the commencement day. s 142 ins 2003 No. 55 s 67 Division 3 Cross-Border Law Enforcement Legislation Amendment Act 2005 pt 9 div 3 hdg ins 2005 No. 45 s 52 143 Witness anonymity certificates (1) This section applies to a witness anonymity certificate given under section 21D of the pre-amended Act. (2) The prescribed sections continue to apply in relation to the witness anonymity certificate as if the Cross-Border Law Enforcement Legislation Amendment Act 2005, part 3 had not commenced. (3) In this section— pre-amended Act means this Act as in force before the commencement of the Cross-Border Law Enforcement Legislation Amendment Act 2005, part 3. prescribed sections means sections 21B to 21J of the pre-amended Act. s 143 ins 2005 No. 45 s 52 Division 4 Justice and Other Legislation Amendment Act 2005 pt 9 div 4 hdg ins 2005 No. 70 s 95 144 Statement made before proceeding by child or person with an impairment of the mind (1) To remove any doubt, it is declared that amended section 93A applies to a proceeding that starts after the commencement of this section, regardless of when the conduct giving rise to the proceeding happened. (2) A statement admitted into evidence in a proceeding before the commencement of this section that would be admissible under the amended section 93A if tendered in a proceeding after the commencement is taken to have always been admissible under section 93A. (3) In this section— amended section 93A means section 93A as amended by the Justice and Other Legislation Amendment Act 2005. proceeding includes a committal, a preliminary hearing, a trial and any rehearing or retrial arising out of, or any appeal from, an earlier proceeding. s 144 ins 2005 No. 70 s 95 amd 2008 No. 55 s 150 sch 145 Definition chief executive (surveys) It is declared that the amendment of the definition chief executive (surveys) by the Surveyors Act 2003 is, and has always been, as effective as it would have been if the definition had been located in schedule 3 rather than section 3 when the amendment commenced. s 145 ins 2005 No. 70 s 95 Division 5 Criminal Code and Other Acts Amendment Act 2008 pt 9 div 5 hdg ins 2008 No. 55 s 150 sch 146 References to particular Criminal Code offences (1) The definition offence involving violence in section 21AC applies as if it included a reference to the Criminal Code, sections 319A, 331 and 332 as in force at any time before their repeal by the amending Act. (2) The definition prescribed offence in section 21M(3) applies as if it included a reference to the Criminal Code, section 338 as in force at any time before its repeal by the amending Act. (3) The definition prescribed offence in section 21M(3) applies as if the reference to the Criminal Code, section 415 included a reference to the Criminal Code, sections 415, 416 and 417 as in force at any time before their repeal by the amending Act. (4) The definition prescribed special offence in section 21M(3) applies as if the reference to the Criminal Code, section 208 included a reference to the Criminal Code, section 209 as in force at any time before its repeal by the amending Act. (5) In this section— amending Act means the Criminal Code and Other Acts Amendment Act 2008. s 146 ins 2008 No. 55 s 150 sch Division 6 Health and Other Legislation Amendment Act 2016 pt 9 div 6 hdg prev pt 9 div 6 hdg ins 2009 No. 13 s 213 sch 5 om 2013 No. 39 s 109 sch 2 pres pt 9 div 6 hdg ins 2016 No. 50 s 40 sch 1 147 Prescribed special offence taken to include references to Criminal Code, ss 208 and 209 The definition prescribed special offence in section 21M(3) applies as if it included a reference to—
(a) the Criminal Code, section 208 as in force at any time before its repeal by the Health and Other Legislation Amendment Act 2016; and

(b) the Criminal Code, section 209 as in force at any time before its repeal by the Criminal Code and Other Acts Amendment Act 2008.
s 147 prev s 147 ins 2009 No. 13 s 213 sch 5 om 2013 No. 39 s 109 sch 2 pres s 147 ins 2016 No. 50 s 40 sch 1 Division 7 Serious and Organised Crime Legislation Amendment Act 2016 pt 9 div 7 hdg ins 2016 No. 62 s 174 148 Special witnesses An order or direction made or given under section 21A before the commencement continues to have effect as an order or direction made or given under the section as amended by the Serious and Organised Crime Legislation Amendment Act 2016. s 148 ins 2016 No. 62 s 174 Division 8 Criminal Law Amendment Act 2017 pt 9 div 8 hdg ins 2017 No. 6 s 43 149 Definition for division In this division— amendment Act means the Criminal Law Amendment Act 2017. s 149 ins 2017 No. 6 s 43 150 Admissibility of particular copies of videorecordings made before commencement Sections 21A, 21AM and 21AQ, as amended by the amendment Act, apply, and are taken always to have applied, to a copy of a videorecording on a separate data storage medium that was made before the commencement. s 150 ins 2017 No. 6 s 43 151 Destruction of recordings made before commencement Part 2, division 4B, subdivision 3, as inserted by the amendment Act, applies in relation to a recording whether the recording was made before or after the commencement. s 151 ins 2017 No. 6 s 43 152 Application of DNA evidentiary certificate provision to proceedings started before commencement Section 95A, as amended by the amendment Act, applies to a criminal proceeding whether the proceeding was started before or after the commencement. s 152 ins 2017 No. 6 s 43 Division 9 Victims of Crime Assistance and Other Legislation Amendment Act 2017 pt 9 div 9 hdg ins 2017 No. 8 s 9 153 Sexual assault counselling privilege (1) Part 2, division 2A applies to a proceeding for an offence, or a domestic violence proceeding, only if an originating step for the proceeding is taken on or after the commencement. (2) Subsection (1) applies—
(a) for an offence—whether the act or omission constituting the offence happened before or after the commencement; or

(b) for a domestic violence proceeding—whether the ground for making the domestic violence order the subject of the proceeding arose before or after the commencement.
(3) In this section— domestic violence proceeding means a proceeding relating to a domestic violence order under the Domestic and Family Violence Protection Act 2012. originating step, for a proceeding for an offence or a domestic violence proceeding, means—
(a) the arrest of the defendant in the proceeding; or

(b) the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or

(c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382; or

(d) the making of an application for, or the making of a decision by a court to make, the domestic violence order the subject of the proceeding.
s 153 ins 2017 No. 8 s 9 Division 10 Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020 pt 9 div 10 hdg ins 2020 No. 32 s 40 154 Application of s 132BA (1) Section 132BA applies in relation to a criminal proceeding only if the trial of the proceeding starts on or after the commencement. (2) For subsection (1), the trial of a criminal proceeding starts when, under the Jury Act 1995, section 36, a jury panel attends before the court in which the trial is to be conducted. (3) Also, for subsection (1), it does not matter whether the offence the subject of the criminal proceeding was committed before, or is committed after, the commencement. s 154 ins 2020 No. 32 s 40 155 Application of pt 2, div 4C (1) Part 2, division 4C applies in relation to a relevant proceeding whether the proceeding was started before, or is started after, the commencement. (2) In this section— relevant proceeding see section 21AZJ. s 155 ins 2020 No. 32 s 46 Division 11 Justice and Other Legislation Amendment Act 2020 pt 9 div 11 hdg ins 2020 No. 15 s 79 156 Proceedings started before commencement Sections 21AAA and 21AU, as in force immediately before the commencement, continue to apply in relation to a proceeding started before the commencement as if the Justice and Other Legislation Amendment Act 2020 had not been enacted. s 156 ins 2020 No. 15 s 79 Division 12 Evidence and Other Legislation Amendment Act 2022 pt 9 div 12 hdg ins 2022 No. 12 s 38 157 Journalist privilege (1) Part 2, division 2B applies in relation to information given to a journalist by another person whether the information was given to the journalist before or after the commencement. (2) Part 2, division 2B, subdivision 2 applies in relation to a relevant proceeding only if the proceeding starts on or after the commencement. (3) Part 2, division 2B, subdivision 3 applies in relation to a warrant mentioned in section 14ZC only if the warrant is issued on or after the commencement. (4) In this section— journalist see section 14R(1). relevant proceeding see section 14S(1). s 157 ins 2022 No. 12 s 38 158 Domestic violence proceedings (1) Part 6A applies in relation to a domestic violence proceeding only if an originating step for the proceeding is taken on or after the commencement. (2) Subsection (1) applies even if—
(a) the act or omission constituting the domestic violence offence the subject of the domestic violence proceeding happened before the commencement; or

(b) a recorded statement that may be admitted in the proceeding was made before the commencement.
(3) In this section— originating step, for a domestic violence proceeding, means—
(a) the arrest of the defendant in the proceeding; or

(b) the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or

(c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382.
s 158 ins 2022 No. 12 s 38 Division 13 Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023 pt 9 div 13 hdg ins 2023 No. 1 s 69 159 Existing applications for leave related to protected counselling communications Section 14L, as in force from the commencement, applies to an application for leave under section 14G made before the commencement if a proceeding to decide the application had not started before the commencement. s 159 ins 2023 No. 1 s 69 Division 14 Transitional provision for Forensic Science Queensland Act 2024 pt 9 div 14 hdg ins 2024 No. 8 s 57 160 Continued appointments (1) This section applies if—
(a) immediately before the commencement, a person held office as a DNA analyst under former section 133A(1); and

(b) on the commencement, the person is a staff member of Forensic Science Queensland.
(2) From the commencement, the person continues to hold office as a DNA analyst under section 133A(1) as in force on the commencement on the conditions, if any, stated in the person’s instrument of appointment. (3) In this section— Forensic Science Queensland means the Office of the Director of Forensic Science Queensland established under the Forensic Science Queensland Act 2024, section 23. former section 133A(1) means section 133A(1) as in force from time to time before the commencement. s 160 ins 2024 No. 8 s 57 Division 14A Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024 pt 9 div 14A hdg ins 2024 No. 5 s 57 160A Application of s 21 to proceedings (1) Section 21 applies to a criminal proceeding regardless of when—
(a) the offence the subject of the proceeding was committed; or

(b) the defendant in the proceeding was charged; or

(c) the proceeding was started.
(2) Section 21 applies to a civil proceeding regardless of when the proceeding was started. s 160A ins 2024 No. 5 s 57 161 Application of part 6B, divs 1–3 to criminal proceedings Part 6B, divisions 1 to 3 applies to a criminal proceeding regardless of when—
(a) the offence the subject of the proceeding was committed; or

(b) the defendant in the proceeding was charged; or

(c) the proceeding was started.
s 161 ins 2024 No. 5 s 60 162 Application of s 94A to sexual offences and domestic violence offences charged after commencement Section 94A applies in relation to a proceeding for a sexual offence or domestic violence offence charged against the defendant after the commencement, whether the offence was committed before or after the commencement. Note— See also division 16. s 162 ins 2024 No. 5 s 64 amd 2025 No. 7 s 39 163 Application of ss 132B and 132BAA to criminal proceedings Sections 132B and 132BAA apply to a criminal proceeding regardless of when—
(a) the offence the subject of the proceeding was committed; or

(b) the defendant in the proceeding was charged; or

(c) the proceeding was started.
s 163 ins 2024 No. 5 s 66 164 Application of pt 6C, divs 1, 2, 4 and 5 in relation to complainants Part 6C, divisions 1, 2, 4 and 5 applies in relation to a complainant whether the sexual offence committed, or alleged to have been committed, against the complainant occurred before or after the commencement. s 164 ins 2024 No. 5 s 70 165 Application of pt 6C, divs 1, 3 and 5 in relation to defendants Part 6C, divisions 1, 3 and 5 applies in relation to a defendant charged with an offence whether the defendant was charged before or after the commencement. s 165 ins 2024 No. 5 s 70 166 Reference to sexual assault The reference in section 103ZZV, definition prescribed sexual offence, paragraph (d) to a sexual assault against the Criminal Code, section 352 is, in relation to an offence that was committed before the commencement of the Criminal Law Amendment Act 2000, section 39, a reference to an offence against the Criminal Code, section 337 as in force at any time before the commencement of the Criminal Law Amendment Act 2000, section 39. s 166 ins 2024 No. 5 s 70 167 Applications for non-publication orders made before commencement (1) This section applies to an application for a non-publication order made but not decided under the repealed Criminal Law (Sexual Offences) Act 1978, former section 7(2) before the commencement. (2) The application is taken to be an application under section 103ZZW. (3) A notification given under the repealed Criminal Law (Sexual Offences) Act 1978, former section 7A in relation to the application is taken to be a notification given in relation to the application under section 103ZZX. s 167 ins 2024 No. 5 s 70 168 Continued operation of non-publication orders and interim orders On the commencement—
(a) a non-publication order made under the repealed Criminal Law (Sexual Offences) Act 1978, former section 7 and still in force is taken to be a non-publication order made under section 103ZZW; and

(b) an interim order made under the repealed Criminal Law (Sexual Offences) Act 1978, former section 7D and still in force is taken to be an interim order made under section 103ZZZA.
s 168 ins 2024 No. 5 s 70 169 Application of repealed Criminal Law (Sexual Offences) Act 1978 (1) Subsection (2) applies in relation to an offence against the repealed Criminal Law (Sexual Offences) Act 1978, former section 6 or former section 7F committed by a person before the commencement. (2) Without limiting the Acts Interpretation Act 1954, section 20, a proceeding for the offence may be continued or started, and the person may be convicted of and punished for the offence, as if the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024, section 103 had not commenced. (3) Subsection (2) applies despite the Criminal Code, section 11. s 169 ins 2024 No. 5 s 70 170 Section 134AA applies to proceedings started after commencement Section 134AA applies to a transcript of a criminal proceeding only if the proceeding started after the commencement. s 170 ins 2024 No. 5 s 73 Division 15 Integrity and Other Legislation Amendment Act 2024 pt 9 div 15 hdg ins 2024 No. 3 s 26C 171 Sexual assault counselling privilege (1) This section applies to any of the following (a relevant action) done before the commencement of this section—
(a) an exercise or purported exercise of a court’s jurisdiction in dealing with a leave application;

(b) anything else done or purportedly done by a court or person in relation to a leave application.
(2) The rights and liabilities of all persons affected by the relevant action are the same, and are taken to have always been the same, as they would be or would have been if amended section 14H had been in force at the time of the relevant action. (3) Subsection (2) applies for all purposes, including for the purpose of a leave application made but not decided before the commencement. (4) In this section— amended section 14H means section 14H as amended by the Integrity and Other Legislation Amendment Act 2024. leave application means an application for the leave of the court under part 2, division 2A, subdivision 3. s 171 ins 2024 No. 3 s 26C Division 16 Crime and Corruption (Restoring Reporting Powers) and Other Legislation Amendment Act 2025 pt 9 div 16 hdg ins 2025 No. 7 s 40 172 Application of s 94A to sexual offences charged before s 162 commencement (1) Section 94A applies in relation to a proceeding for a sexual offence charged against the defendant before the section 162 commencement. (2) Subsection (1) is taken to have applied from the section 162 commencement. (3) To remove any doubt, it is declared that this section applies in addition to section 162. (4) In this section— section 162 commencement means the commencement of section 162. Note— Section 162 commenced on 23 September 2024. s 172 ins 2025 No. 7 s 40 Division 17 Transitional provisions for the Criminal Justice Legislation (Sexual Violence and Other Matters) Amendment Act 2024 pt 9 div 17 hdg ins 2024 No. 48 s 13 173 Alternative arrangements for, and evidence of, special witnesses Section 21A(3) and (3A) apply to a proceeding for an offence committed before the commencement if an originating step for the proceeding is taken on or after the commencement. s 173 ins 2024 No. 48 s 19 174 Alternative arrangements for, and evidence of, special witnesses Section 21AAB applies to a proceeding for an offence committed before the commencement if an originating step for the proceeding is taken on or after the commencement. s 174 ins 2024 No. 48 s 21 175 Alternative arrangements for, and evidence of, special witnesses Section 21AAC(2) applies to a proceeding for an offence committed before the commencement if an originating step for the proceeding is taken on or after the commencement. s 175 ins 2024 No. 48 s 25 176 Expert evidence about the nature of sexual offences and factors that might affect the behaviour of victims An expert may be engaged to give evidence to which section 103ZZGB(1) relates in a proceeding for an offence committed before the commencement if an originating step for the proceeding is taken on or after the commencement. s 176 ins 2024 No. 48 s 37 177 Tendency evidence and coincidence evidence Part 7A applies to a proceeding for an offence committed before the commencement if an originating step for the proceeding is taken on or after the commencement. s 177 ins 2024 No. 48 s 42 Division 18 Transitional provisions for Domestic and Family Violence Protection and Other Legislation Amendment Act 2025 pt 9 div 18 hdg ins 2025 No. 18 s 52 178 Definitions for division In this division— amendment Act means the Domestic and Family Violence Protection and Other Legislation Amendment Act 2025. former, in relation to a provision of this Act, means the provision as in force from time to time before the commencement of the transitional provision in which the term is used. new, in relation to a provision of this Act, means the provision as in force from the commencement of the transitional provision in which the term is used. transitional provision means a provision of this division. s 178 ins 2025 No. 18 s 52 179 Recorded statements not completed before commencement (1) This section applies if—
(a) before the commencement, a complainant started to make a recorded statement and the complainant had consented to the making of the recorded statement under former section 103F; but

(b) immediately before the commencement, the making of the recorded statement had not been completed.
(2) Former section 103E continues to apply to the making of the recorded statement. s 179 ins 2025 No. 18 s 52 180 Recorded statements made under former s 103E (1) This section applies to a recorded statement—
(a) made before the commencement under former section 103E; or

(b) made after the commencement under former section 103E, as applied by section 179.
(2) New part 6A applies to the recorded statement as if a reference in new section 103H to section 103E included a reference to former section 103E(3). s 180 ins 2025 No. 18 s 52 181 Application of former pt 6A, divs 1 and 2 to particular existing domestic violence proceedings (1) This section applies if, immediately before the commencement—
(a) former part 6A, divisions 1 and 2 applied in relation to a domestic violence proceeding; and Note— See also section 158.

(b) the domestic violence proceeding had not been finalised.
(2) Former part 6A, divisions 1 and 2 continues to apply in relation to the domestic violence proceeding as if the amendment Act had not been enacted. s 181 ins 2025 No. 18 s 52 182 Application of new pt 6A, divs 1 and 2 (1) New part 6A, divisions 1 and 2 applies in relation to a domestic violence proceeding only if an originating step for the proceeding is taken on or after the commencement. (2) Subsection (1) applies even if—
(a) the act or omission constituting the domestic violence offence that is the subject of the domestic violence proceeding happened before the commencement; or

(b) a recorded statement in relation to the domestic violence offence mentioned in paragraph (a) was made before the commencement.
(3) In this section— originating step, for a domestic violence proceeding, means—
(a) the arrest of the defendant in the proceeding; or

(b) the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or

(c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382.
s 182 ins 2025 No. 18 s 52 Division 19 Transitional provision for Defamation and Other Legislation Amendment Act 2025 pt 9 div 19 hdg ins 2025 No. 32 s 25 183 Committal proceedings (1) Section 129ABA, as inserted by the Defamation and Other Legislation Amendment Act 2025, applies to a committal proceeding on or after the commencement only if an originating step in the proceeding was taken on or after 20 September 2025. Note— See also section 177. (2) In this section— originating step, for a committal proceeding, means—
(a) the arrest of the defendant in the proceeding; or

(b) the making of a complaint under the Justices Act 1886, section 42 in relation to the defendant in the proceeding; or

(c) the serving of a notice to appear on the defendant in the proceeding under the Police Powers and Responsibilities Act 2000, section 382.
s 183 ins 2025 No. 32 s 25 hdg prec sch 1 om 2007 No. 37 s 162 sch Schedule 1 Examples of offices of a public nature established under an Act section 42
1 Auditor-general

2 Chairperson of the CCC

3 Chief executive of a department

4 Chief executive officer of a local government

5 Clerk of the Parliament

6 Director of public prosecutions

7 Electoral commissioner

8 Information commissioner

9 Mayor of a local government

10 Parliamentary counsel

11 Police commissioner

12 Public trustee

13 Ombudsman

14 Registrar-general

15 Registrar of titles

16 Solicitor-general
sch 1 prev sch 1 om 18 December 1992 RA ss 38, 40 pres sch 1 ins 1995 No. 51 s 4 sch amd 1998 No. 41 s 14 (1) sch; 2001 No. 69 s 378 sch 1; 2001 No. 73 s 96 sch 1; 2014 No. 21 s 94 (2) sch 2; 2016 No. 19 s 46 sch 1; 2022 No. 12 s 52 sch 1 pt 1 Schedule 2 sch 2 amd 1989 No. 17 s 67; 1999 No. 10 s 205 sch 3 sub 2002 No. 23 s 3 sch om 2008 No. 55 s 150 sch Schedule 3 Dictionary section 3 accredited media entity, for part 6C, see section 103ZZL. sch 3 def accredited media entity ins 2024 No. 5 s 71(2) affected child, for part 2, division 4A, see section 21AC. sch 3 def affected child ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) affidavit, for part 7, see section 104. sch 3 def affidavit ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) approved form see section 134B. sch 3 def approved form ins 1995 No. 58 s 4 sch 1 reloc 2003 No. 55 s 54 (4) assumed name, for part 2, division 5, see section 21C. sch 3 def assumed name ins 2005 No. 45 s 53 (2) audio link, for part 3A, see section 39C. sch 3 def audio link ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) audio visual link means facilities, including closed-circuit television, that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places. sch 3 def audio visual link ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) Australian lawyer see the Legal Profession Act 2007, section 5(1). sch 3 def Australian lawyer ins 2022 No. 12 s 39(1) authorised destruction day, for part 2, division 4B, see section 21AZF(1). sch 3 def authorised destruction day ins 2017 No. 6 s 44 (2) authorised officer, for part 2, division 2B, see section 14ZC. sch 3 def authorised officer ins 2022 No. 12 s 39(1) before, for part 3A, see section 39C. sch 3 def before ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) book of account, for part 5, division 6, see section 83. sch 3 def book of account ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) business, for part 7, see section 104. sch 3 def business ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) capacity, for part 6C, division 2, see section 103ZZM. sch 3 def capacity ins 2024 No. 5 s 71(2) CCC, for part 2, division 5, see section 21C. sch 3 def CCC ins 2014 No. 21 s 94 (2) sch 2 chief executive officer, for part 2, division 5, see section 21C. sch 3 def chief executive officer ins 2005 No. 45 s 53 (2) chief executive (surveys) means the chief executive of the department in which the Surveyors Act 2003 is administered. sch 3 def chief executive (surveys) ins 1995 No. 58 s 4 sch 1 reloc 2003 No. 55 s 54 (4) amd 2003 No. 70 s 206 sch 2 child, for part 2, division 4A, see section 21AD. sch 3 def child ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) civil proceeding arising from the commission of a relevant offence, for part 2, division 4A, see section 21AC. sch 3 def civil proceeding arising from the commission of a relevant offence ins 2022 No. 12 s 39(1) civil proceedings, for part 3, division 3, see section 35. sch 3 def civil proceedings ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) CMC ... sch 3 def CMC ins 2005 No. 45 s 53 (2) om 2014 No. 21 s 94 (2) sch 2 coincidence evidence, for part 7A, see section 129AB(1). sch 3 def coincidence evidence ins 2024 No. 48 s 43 complainant—
(a) for part 6A, see section 103A; or

(b) for part 6C, see section 103ZZL.
sch 3 def complainant ins 2022 No. 12 s 39(1) amd 2024 No. 5 s 71 complainant privacy order, for part 6C, division 4, see section 103ZZZG. sch 3 def complainant privacy order ins 2024 No. 5 s 71(2) conduct, for part 2, division 5, see section 21C. sch 3 def conduct ins 2005 No. 45 s 53 (2) consent, for part 6C, division 2, see section 103ZZM. sch 3 def consent ins 2024 No. 5 s 71(2) controlled operation ... sch 3 def controlled operation ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) om 2005 No. 45 s 53 (1) convicted, for part 2, division 5, see section 21C. sch 3 def convicted ins 2005 No. 45 s 53 (2) conviction, for part 5, division 5, see section 78. sch 3 def conviction ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) copy, of a document, see section 4. sch 3 def copy ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) corresponding court, for part 3, division 2, see section 25. sch 3 def corresponding court ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) corresponding law, for part 2, division 5, see section 21C. sch 3 def corresponding law ins 2005 No. 45 s 53 (2) corresponding witness identity protection certificate, for part 2, division 5, see section 21C. sch 3 def corresponding witness identity protection certificate ins 2005 No. 45 s 53 (2) corruption, for part 2, division 5, see section 21C. sch 3 def corruption ins 2014 No. 21 s 94 (2) sch 2 counsel, a person for part 2, division 2A, see section 14B. sch 3 def counsel ins 2017 No. 8 s 10 counsel, for part 2, division 4A, see section 21AC. sch 3 def counsel ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) counselled person, for part 2, division 2A, see section 14B. sch 3 def counselled person ins 2017 No. 8 s 10 counsellor, for part 2, division 2A, see section 14B. sch 3 def counsellor ins 2017 No. 8 s 10 court—
(a) for part 5, division 5—see section 78; or

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

(c) otherwise—means the court, tribunal, judge, justice, arbitrator, body or person before whom or which a proceeding is held or taken.
sch 3 def court sub 2003 No. 55 s 54 (2)–(3) reloc 2003 No. 55 s 54 (4) court location, for part 3A, see section 39C. sch 3 def court location ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) court name, for part 2, division 5, see section 21C. sch 3 def court name ins 2005 No. 45 s 53 (2) covert operative ... sch 3 def covert operative ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) om 2005 No. 45 s 53 (1) criminal activity, for part 2, division 5, see section 21C. sch 3 def criminal activity ins 2005 No. 45 s 53 (2) criminal organisation, for part 2, division 4, see section 20B. sch 3 def criminal organisation ins 2024 No. 48 s 17(1) criminal proceeding includes a proceeding wherein a person is charged with a simple offence, and an examination of witnesses in relation to an indictable offence. sch 3 def criminal proceeding reloc 2003 No. 55 s 54 (4) defence, for part 6A, see section 103A. sch 3 def defence ins 2023 No. 1 s 70 defendant, for part 2, division 4A, see section 21AC. sch 3 def defendant ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) directions hearing, for part 2, division 4C, see section 21AZP(1). sch 3 def directions hearing ins 2020 No. 32 s 47(2) disclosure requirement, for part 2, division 2B, see section 14T. sch 3 def disclosure requirement ins 2022 No. 12 s 39(1) document includes, in addition to a document in writing—
(a) any part of a document in writing or of any other document as defined herein; and

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

(c) any photograph; and

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

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

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

(g) any other record of information whatever.
sch 3 def document reloc 2003 No. 55 s 54 (4) domestic relationship means a relevant relationship under the Domestic and Family Violence Protection Act 2012, section 13. sch 3 def domestic relationship ins 2023 No. 1 s 70 domestic violence see the Domestic and Family Violence Protection Act 2012, section 8. sch 3 def domestic violence ins 2023 No. 1 s 70 domestic violence offence see section 103B. sch 3 def domestic violence offence ins 2022 No. 12 s 39(1) domestic violence order see the Domestic and Family Violence Protection Act 2012, section 23(2). sch 3 def domestic violence order ins 2023 No. 1 s 70 domestic violence proceeding see section 103C. sch 3 def domestic violence proceeding ins 2022 No. 12 s 39(1) eligible person, in relation to a charge of a prescribed sexual offence, for part 6C, division 3, see section 103ZZV. sch 3 def eligible person ins 2024 No. 5 s 71(2) employment-screening Act means—
(a) the Disability Services Act 2006; or

(b) the Working with Children Check Act 2000.
sch 3 def employment-screening Act ins 2022 No. 12 s 39(1) amd 2024 No. 49 s 130(1) sch 4 pt 1 (amd 2025 No. 24 s 39F) employment-screening applicant, in relation to a section 93A transcript or a transcript of a recorded statement, means a person—
(a) who allegedly committed the alleged offence to which the transcript relates; and

(b) about whom an employment-screening decision has been, or is proposed to be, made.
sch 3 def employment-screening applicant ins 2022 No. 12 s 39(1) employment-screening decision means—
(a) a decision under the Disability Services Act 2006 about—
(i) whether a clearance or exclusion should be issued to a person; or

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

(b) an employment-screening decision under the Working with Children Check Act 2000; or

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

(d) a decision on a review of, or appeal against, a decision mentioned in paragraph (c).
sch 3 def employment-screening decision ins 2022 No. 12 s 39(1) amd 2024 No. 49 s 130(1) sch 4 pt 1 (amd 2025 No. 24 s 39F) essential person, for a proceeding for part 2, division 2A, see section 14B. sch 3 def essential person ins 2017 No. 8 s 10 Evidence Act section 93A device statement, see the Criminal Code, section 590AFA. sch 3 def Evidence Act section 93A device statement ins 2024 No. 48 s 38(1) examiner, for part 3, division 2, see section 25. sch 3 def examiner ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) excluded person, for part 6B, division 4, subdivision 2, see section 103ZZGA. sch 3 def excluded person ins 2024 No. 48 s 38(1) external location, for part 3A, see section 39C. sch 3 def external location ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) family member, of a person, for part 6A, see section 103A. sch 3 def family member ins 2023 No. 1 s 70 film includes a microfilm. sch 3 def film reloc 2003 No. 55 s 54 (4) gazette includes any gazette, or part of a gazette, published by the government printer. Example— Queensland Government Gazette sch 3 def gazette ins 1995 No. 58 s 4 sch 1 reloc 2003 No. 55 s 54 (4) amd 2009 No. 38 s 28 help-seeking behaviour, for part 6A, see section 103A. sch 3 def help-seeking behaviour ins 2023 No. 1 s 70 identifying matter—
(a) in relation to a complainant, for part 6C, see section 103ZZL; or

(b) in relation to a defendant, for part 6C, division 3, see section 103ZZV.
sch 3 def identifying matter ins 2024 No. 5 s 71(2) informant, for part 2, division 2B, see section 14Q(1)(a). sch 3 def informant ins 2022 No. 12 s 39(1) intellectually impaired person ... sch 3 def intellectually impaired person ins 2000 No. 43 s 43 reloc 2003 No. 55 s 54 (4) om 2008 No. 55 s 150 sch interim complainant privacy order, for part 6C, division 4, see section 103ZZZD. sch 3 def interim complainant privacy order ins 2024 No. 5 s 71(2) interim order, for part 6C, division 3, see section 103ZZZA(1). sch 3 def interim order ins 2024 No. 5 s 71(2) intermediaries panel, for part 2, division 4C, see section 21AZV(4). sch 3 def intermediaries panel ins 2020 No. 32 s 47(2) intermediary, for part 2, division 4C, see section 21AZI. sch 3 def intermediary ins 2020 No. 32 s 47(2) intimate partner, of a person, for part 6A, see section 103A. sch 3 def intimate partner ins 2023 No. 1 s 70 investigation, for part 2, division 5, see section 21C. sch 3 def investigation ins 2005 No. 45 s 53 (2) journalist, for part 2, division 2B, see section 14R(1). sch 3 def journalist ins 2022 No. 12 s 39(1) judge means the member or members of a court. sch 3 def judge reloc 2003 No. 55 s 54 (4) judicial officer means a judge, magistrate or justices. sch 3 def judicial officer ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) jurisdiction, for part 2, division 5, see section 21C. sch 3 def jurisdiction ins 2022 No. 12 s 39(1) law enforcement agency, for part 2, division 5, see section 21C. sch 3 def law enforcement agency ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) amd 2005 No. 45 s 53 (3) lawfully edited copy—
(a) of a videorecording of evidence given by a special witness or an affected child—means a copy of the videorecording that has been edited or otherwise changed under an approval given under section 21AZ; or

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

(c) of a recorded statement under part 6A—means a copy of the recorded statement that has been edited or otherwise altered in compliance with section 103O.
sch 3 def lawfully edited copy ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) sub 2017 No. 6 s 44 amd 2022 No. 12 s 39(2) machine copy, for part 7, see section 104. sch 3 def machine copy ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) minimum retention period, for part 2, division 4B, see section 21AZE(4)(a). sch 3 def minimum retention period ins 2017 No. 6 s 44 (2) misconduct ... sch 3 def misconduct ins 2005 No. 45 s 53 (2) om 2014 No. 21 s 94 (2) sch 2 news medium, for part 2, division 2B, see section 14T. sch 3 def news medium ins 2022 No. 12 s 39(1) non-publication order, for part 6C, division 3, see section 103ZZW(2). sch 3 def non-publication order ins 2024 No. 5 s 71(2) offence involving violence, for part 2, division 4A, see section 21AC. sch 3 def offence involving violence ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) offence of a sexual nature, for part 2, division 4A, see section 21AC. sch 3 def offence of a sexual nature ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) operative, for part 2, division 5, see section 21C. sch 3 def operative ins 2005 No. 45 s 53 (2) original document, for part 7, see section 104. sch 3 def original document ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) overseas country—
(a) for part 3, division 3—see section 35; or

(b) for part 5, division 3—see section 67.
sch 3 def overseas country ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) parentage order relationship, for part 2, division 4A, see section 21AC. sch 3 def parentage order relationship ins 2022 No. 12 s 39(1) participant, in a criminal organisation, for part 2, division 4, see section 20B. sch 3 def participant ins 2024 No. 48 s 17(1) participating State, for part 3A, see section 39C. sch 3 def participating State ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) party means—
(a) for part 2, division 4, see section 20B; and

(b) for part 2, division 5, see section 21C.
sch 3 def party ins 2005 No. 45 s 53 (2) sub 2024 No. 48 s 17(2) person with an impairment of the mind means a person with a disability that—
(a) is attributable to an intellectual, psychiatric, cognitive or neurological impairment or a combination of these; and

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

(ii) the person needing support.
sch 3 def person with an impairment of the mind ins 2008 No. 55 s 150 sch police commissioner ... sch 3 def police commissioner ins 2022 No. 12 s 52 sch 1 pt 1 om 2023 No. 23 s 247 sch 1 s 3 police service means the Queensland Police Service. sch 3 def police service ins 2005 No. 45 s 53 (2) preliminary hearing, for part 2, division 4A, see section 21AC. sch 3 def preliminary hearing ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) prescribed country, for part 3, division 2, see section 25. sch 3 def prescribed country ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) prescribed relationship, between a child who is a witness in a proceeding and a defendant in the proceeding, for part 2, division 4A, see section 21AC. sch 3 def prescribed relationship ins 2022 No. 12 s 39(1) prescribed sexual offence, for part 6C, division 3, see section 103ZZV. sch 3 def prescribed sexual offence ins 2024 No. 5 s 71(2) presiding judicial officer, for part 2, division 4B, see section 21AY. sch 3 def presiding judicial officer ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) principal registrar, of a court, means—
(a) for a Magistrates Court—the person holding appointment as the principal registrar of Magistrates Courts mentioned in the Magistrates Courts Act 1921, section 3A(2); or

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

(c) for the Supreme Court—the person appointed as the principal registrar under the Supreme Court of Queensland Act 1991, section 69(1).
sch 3 def principal registrar ins 2017 No. 6 s 44 (2) probative value, for part 7A, see section 129AB(1). sch 3 def probative value ins 2024 No. 48 s 43 proceeding—
(a) for part 2, division 4A—see section 21AC; or

(b) otherwise—means any civil, criminal or other proceeding or inquiry, reference or examination in which by law or by consent of parties evidence is or may be given, and includes an arbitration.
sch 3 def proceeding sub 2003 No. 55 s 54 (2)–(3) reloc 2003 No. 55 s 54 (4) protected counselling communication, for part 2, division 2A, see section 14A. sch 3 def protected counselling communication ins 2017 No. 8 s 10 protected witness, for part 2, division 6, see section 21M. sch 3 def protected witness ins 2000 No. 43 s 43 sub 2003 No. 55 s 54 (2)–(3) reloc 2003 No. 55 s 54 (4) sub 2005 No. 45 s 53 (1)–(2) provided information, for part 2, division 2B, see section 14Q(1)(a). sch 3 def provided information ins 2022 No. 12 s 39(1) publish, for part 6C, see section 103ZZL. sch 3 def publish ins 2024 No. 5 s 71(2) Queensland court, for part 3A, see section 39C. sch 3 def Queensland court ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) recognised court, for part 3A, see section 39C. sch 3 def recognised court ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) recorded statement see section 103A. sch 3 def recorded statement ins 2022 No. 12 s 39(1) recording, for part 2, division 4B, see section 21AY. sch 3 def recording ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) relative, of a person, for part 6A, see section 103A. sch 3 def relative ins 2023 No. 1 s 70 relevant court, for part 2, division 5, see section 21C. sch 3 def relevant court ins 2005 No. 45 s 53 (2) relevant entity ... sch 3 def relevant entity ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) om 2005 No. 45 s 53 (1) relevant evidence, about a defendant, for part 6B, division 4, see section 103ZZE. sch 3 def relevant evidence ins 2024 No. 5 s 61(1) relevant matter, for a person, for part 2, division 4, see section 20B. sch 3 def relevant matter ins 2024 No. 48 s 17(1) relevant offence, for part 2, division 4A, see section 21AC. sch 3 def relevant offence ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) relevant person, for a journalist, for part 2, division 2B, see section 14T. sch 3 def relevant person ins 2022 No. 12 s 39(1) relevant proceeding means—
(a) for part 2, division 2B—see section 14S(1); or

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

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

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

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

(e) for part 6B, division 4, subdivision 2—see section 103ZZGA.
sch 3 def relevant proceeding ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) sub 2005 No. 45 s 53 (1)–(2); 2020 No. 32 s 47 amd 2022 No. 12 s 39(3)–(4); 2024 No. 5 s 61(2); 2024 No. 48 ss 17(3), 38(2) relevant witness, for part 2, division 4AA, see section 21AXC(1)(a). sch 3 def relevant witness ins 2017 No. 6 s 44 (2) religious representative, for part 2, division 2A, see section 14B. sch 3 def religious representative ins 2017 No. 8 s 10 reproduce, for part 7, see section 104. sch 3 def reproduce ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) reproduction, for part 7, see section 104. sch 3 def reproduction ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) request, for part 3, division 3, see section 35. sch 3 def request ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) requesting court, for part 3, division 3, see section 36. sch 3 def requesting court ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) safety option, in relation to a defendant who is, or may be, a victim of domestic violence, for part 6A, see section 103A. sch 3 def safety option ins 2023 No. 1 s 70 section 93A criminal statement—
(a) means a statement—
(i) made to a person investigating an alleged offence; and

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

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

(b) includes a copy of a statement mentioned in paragraph (a), other than a copy—
(i) to the extent it is a transcript mentioned in section 4(a) or (c); and

(ii) that is part of a record, or a transcript of a record, of a legal proceeding under the Recording of Evidence Act 1962.
sch 3 def section 93A criminal statement ins 2022 No. 12 s 39(1) section 93A transcript—
(a) means a transcript of a section 93A criminal statement; and

(b) includes, if the context permits—
(i) a copy of a transcript of a section 93A criminal statement; and

(ii) a summary or copy of a summary of a transcript of a section 93A criminal statement.
sch 3 def section 93A transcript ins 2022 No. 12 s 39(1) self-defence, for part 6A, see section 103A. sch 3 def self-defence ins 2023 No. 1 s 70 sentenced, for part 6C, division 3, see section 103ZZV. sch 3 def sentenced ins 2024 No. 5 s 71(2) serious criminal offence, for part 2, division 4, see section 20B. sch 3 def serious criminal offence ins 2024 No. 48 s 17(1) sexual assault offence, for part 2, division 2A, see section 14B. sch 3 def sexual assault offence ins 2017 No. 8 s 10 sexual offence means an offence of a sexual nature, including, for example—
(a) an offence against a provision of the Criminal Code, chapter 22; and

(b) an offence against a provision of the Criminal Code, chapter 32.
sch 3 def sexual offence ins 2024 No. 5 s 61(1) sexual offence expert evidence panel, for part 6B, division 4, see section 103ZZH. sch 3 def sexual offence expert evidence panel ins 2024 No. 5 s 61(1) amd 2024 No. 48 s 38(3) special witness see section 21. sch 3 def special witness ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) amd 2024 No. 48 s 17(4) statement includes any representation of fact, whether made in words or otherwise and whether made by a person, computer or otherwise. sch 3 def statement reloc 2003 No. 55 s 54 (4) statute, for part 5, division 3, see section 67. sch 3 def statute ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) step relationship, for part 2, division 4A, see section 21AC. sch 3 def step relationship ins 2022 No. 12 s 39(1) Supreme Court’s media accreditation policy, for part 6C, see section 103ZZL. sch 3 def Supreme Court’s media accreditation policy ins 2024 No. 5 s 71(2) telegraph means a system of telecommunication operated under Commonwealth law. sch 3 def telegraph sub 1995 No. 58 s 4 sch 1 reloc 2003 No. 55 s 54 (4) telegraphic message means any message or other communication transmitted or intended for transmission or purporting to have been transmitted by telegraph. sch 3 def telegraphic message reloc 2003 No. 55 s 54 (4) telegraph office means an office or place established or used for receiving or transmitting telegraphic messages. sch 3 def telegraph office sub 1995 No. 58 s 4 sch 1 reloc 2003 No. 55 s 54 (4) tendency evidence, for part 7A, see section 129AB(1). sch 3 def tendency evidence ins 2024 No. 48 s 43 tendency rule, for part 7A, see section 129AB(1). sch 3 def tendency rule ins 2024 No. 48 s 43 transparency, for part 7, see section 104. sch 3 def transparency ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) tribunal, for part 3A, see section 39C. sch 3 def tribunal ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) undertaking includes public administration and any business, profession, occupation, calling, trade or undertaking whether engaged in or carried on—
(a) by the Crown (in right of the State of Queensland or any other right), or by a statutory body, or by any other person; or

(b) for profit or not; or

(c) in Queensland or elsewhere.
sch 3 def undertaking reloc 2003 No. 55 s 54 (4) usable soundtrack, of a videorecording, see section 21AXB. sch 3 def usable soundtrack ins 2017 No. 6 s 44 (2) vexatious, for part 6C, division 4, see section 103ZZZD. sch 3 def vexatious ins 2024 No. 5 s 71(2) videorecorded means recorded as a videorecording. sch 3 def videorecorded ins 2017 No. 6 s 44 (2) videorecording means a recording, including the accompanying soundtrack, on any medium from which a moving image may be produced by any means. sch 3 def videorecording ins 2017 No. 6 s 44 (2) video-taped ... sch 3 def video-taped ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) om 2017 No. 6 s 44 (1) video-taped recording ... sch 3 def video-taped recording ins 2003 No. 55 s 54 (3) reloc 2003 No. 55 s 54 (4) om 2017 No. 6 s 44 (1) witness identity protection certificate, for part 2, division 5, see section 21C. sch 3 def witness identity protection certificate ins 2005 No. 45 s 53 (2) sch 3 Note—definitions for this Act were originally located in s 3. sch 3 prev sch 3 om 1995 No. 58 s 4 sch 1 pres sch 3 ins 2003 No. 55 s 68