EVIDENCE ACT 1977

Queensland Consolidated Acts

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- As at 23 September 2024
- Act 47 of 1977

TABLE OF PROVISIONS

Long Title

PART 1 - PRELIMINARY

1. Short title
2. Act binds Crown
2A. Notes in text
3. Definitions
4. Meaning of copy of document etc.
5. Meaning of document purporting to be of certain character etc.

PART 2 - WITNESSES

Division 1 - Who may testify

6. Witnesses interested or convicted of offence
7. Parties, their wives and husbands as witnesses
8. Witnesses in a criminal proceeding

Division 1A - Competency of witnesses and capacity to be sworn

9. Presumption as to competency
9A. Competency to give evidence
9B. Competency to give sworn evidence
9C. Expert evidence about witness’s ability to give evidence
9D. Evidence admitted under s 9A

Division 1B - Special provisions for child witnesses

9E. Principles for dealing with a child witness

Division 2 - Privileges and obligations of witnesses

10. Privilege against self-incrimination
11. (Repealed)
12. Admissibility of evidence as to access by husband or wife
13. Compellability of parties and witnesses as to evidence of adultery
14. Abolition of certain privileges

Division 2A - Sexual assault counselling privilege

Subdivision 1 - Preliminary

14A. Meaning of protected counselling communication
14B. Other definitions for division

Subdivision 2 - Committal and bail proceedings

14C. Application of subdivision
14D. Sexual assault counselling privilege

Subdivision 3 - Other proceedings

14E. Application of subdivision
14F. Sexual assault counselling privilege
14G. Application for leave
14H. Deciding whether to grant leave

Subdivision 4 - Waiver or loss of privilege

14I. Waiver of privilege by counselled person
14J. Loss of privilege if communication made in commission of offence

Subdivision 5 - General provisions

14K. Court to inform of rights
14L. Standing of counsellor and counselled person
14M. Deciding whether document or evidence is protected counselling communication
14N. Ancillary orders
14O. Application of division despite Justices Act 1886
14P. Application of privilege in civil proceedings

Division 2B - Journalist privilege

Subdivision 1 - Preliminary

14Q. Application of division
14R. Who is a journalist
14S. Meaning of relevant proceeding
14T. Definitions for division

Subdivision 2 - Relevant proceedings

14U. Application of subdivision
14V. Journalist privilege relating to identity of informants
14W. Claims of journalist privilege at hearings of relevant proceedings
14X. Applications for orders requiring giving of evidence despite journalist privilege
14Y. Deciding applications under s 14X
14Z. Objections to disclosure requirements on grounds of journalist privilege
14ZA. Other orders court may make
14ZB. Court to inform of particular rights

Subdivision 3 - Search warrants

14ZC. Application of subdivision
14ZD. Procedures if objections made
14ZE. Applications to Supreme Court in relation to objections
14ZF. Decisions on applications
14ZG. Other orders court may make

Division 3 - Examination and cross-examination of witnesses

15. Questioning a person charged in a criminal proceeding
15A. Questioning of witness as to certain convictions
16. Witness may be questioned as to previous conviction
17. How far a party may discredit the party’s own witness
18. Proof of previous inconsistent statement of witness
19. Witness may be cross-examined as to written statement without being shown it
20. Cross-examination as to credit
21. Improper questions

Division 4 - Evidence of special witnesses

21A. Evidence of special witnesses
21AAA. Exclusion of particular persons while particular evidence is presented

Division 4A - Evidence of affected children

Subdivision 1 - Preliminary

21AA. Purposes of div 4A
21AB. How purposes are to be achieved
21AC. Definitions for div 4A
21AD. Meaning of child

Subdivision 2 - Committal proceeding

21AE. Application of sdiv 2
21AF. Evidence-in-chief
21AG. Cross-examination
21AH. Limitation on cross-examination

Subdivision 3 - Prerecording of affected child’s evidence

21AI. Application of sdiv 3
21AJ. Presentation of indictment
21AK. Videorecording of affected child’s evidence
21AL. Court to give directions for taking an affected child’s evidence
21AM. Use of prerecorded evidence
21AN. Giving of further evidence
21AO. Court order that evidence not to be taken and recorded under this sdiv

Subdivision 4 - Taking of affected child’s evidence using audio visual link or screen

21AP. Application of sdiv 4
21AQ. Audio visual links or screening arrangements must be used
21AR. Court may order that s 21AQ does not apply

Subdivision 5 - General

21AS. Prosecutor or applicant to advise that an affected child is to give evidence
21AT. Identification of persons or things by affected child
21AU. Exclusion of public
21AV. Affected child entitled to support
21AW. Instructions to be given to jury
21AX. Orders, directions and rulings concerning affected child witnesses

Division 4AA - Use of soundtracks from particular videorecordings

21AXA. Definition for division
21AXB. Meaning of usable soundtrack
21AXC. Court may make order for presentation of usable soundtrack
21AXD. Use of usable soundtrack

Division 4B - Dealings with, and destruction of, recordings

Subdivision 1 - Preliminary

21AY. Definitions for div 4B

Subdivision 2 - Dealings with recordings

21AZ. Approval to edit or otherwise change a recording
21AZA. Court to give directions about the use or safekeeping of a recording
21AZB. Unauthorised possession of, or dealing with, recording
21AZC. Publishing a recording prohibited

Subdivision 3 - Destruction of recordings

21AZD. Relationship with other Acts
21AZE. Making of practice directions authorising destruction
21AZF. Court may make order about destruction
21AZG. Destruction of particular digital recordings
21AZH. Delegation by principal registrar

Division 4C - Intermediaries

Subdivision 1 - Preliminary

21AZI. Definitions for division
21AZJ. Meaning of relevant proceeding
21AZK. References to particular matters

Subdivision 2 - Appointment and functions

21AZL. Appointment
21AZM. Functions
21AZN. Oath before performing particular functions

Subdivision 3 - Directions hearings

21AZO. Application of subdivision
21AZP. Directions for holding directions hearings
21AZQ. Attendance at directions hearing
21AZR. Functions of intermediary at directions hearing
21AZS. Court may give directions

Subdivision 4 - Giving of evidence and jury instructions

21AZT. Way evidence of witness to be given
21AZU. Instructions to be given to jury

Subdivision 5 - Intermediaries panel

21AZV. Chief executive to establish intermediaries panel
21AZW. Removal of person from intermediaries panel
21AZX. Criminal history report
21AZY. Confidentiality of criminal history information

Division 5 - Witness identity protection

Subdivision 1 - Preliminary

21B. Purposes of div 5
21C. Definitions for div 5
21D. Application of div 5 to lawyer of party to a proceeding

Subdivision 2 - Witness identity protection certificates for operatives

21E. Application of sdiv 2
21F. Giving witness identity protection certificate
21G. Form of witness identity protection certificate
21H. Filing and notification
21I. Effect of witness identity protection certificate
21J. Orders to protect operative’s identity etc.
21K. Disclosure of operative’s identity etc. despite certificate
21KA. Directions to jury
21KB. Witness identity protection certificate—cancellation
21KC. Permission to give information disclosing operative’s identity etc.
21KD. Disclosure offences
21KE. Review of giving of witness identity protection certificate by police service
21KF. Giving information about witness identity protection certificates
21KG. Report about witness identity protection certificates
21KH. Recognition of witness identity protection certificates under corresponding laws

Subdivision 3 - General

21KI. Delegation

Division 6 - Cross-examination of protected witnesses

21L. Application of division 6
21M. Meaning of protected witness
21N. No cross-examination of protected witness by person charged
21O. Procedure for cross-examination of protected witness if person charged has no legal representative
21P. Legal assistance for cross-examination of protected witness
21Q. Satisfaction of Criminal Code, section 616
21R. Jury direction
21S. Orders, directions and rulings concerning protected witnesses

PART 3 - MEANS OF OBTAINING EVIDENCE

Division 1 - Commissions, requests and orders to examine witnesses

22. Commission, request or order to examine witnesses
23. Commission or order in criminal cases
24. Power of person appointed by foreign authority to take evidence and administer oaths

Division 2 - Summary procedure to obtain evidence for Queensland or other jurisdictions

25. Definitions for div 2
26. Power of Queensland court to request corresponding court in a prescribed country to take evidence for use in Queensland court
27. Power to take evidence on request from corresponding court of a prescribed country
28. Summons of witnesses
29. Examination
30. Objections
31. Depositions to be signed
32. Power of Queensland court to transmit requests to other places
33. Saving as to personal attendance
34. (Repealed)

Division 3 - General procedure to obtain evidence for other jurisdictions

35. Definitions for div 3
35A. Application of division to Crown
36. Application to Supreme Court to obtain evidence for civil proceedings in another jurisdiction
37. Power of Supreme Court to give effect to application to obtain evidence
38. Privilege of witnesses
39. Judicial proceedings for the purposes of the Criminal Code
40. (Repealed)

PART 3A - AUDIO VISUAL LINKS AND AUDIO LINKS

Division 1 - Preliminary

39A. Purposes of pt 3A
39B. Application of pt 3A
39C. Definitions for pt 3A

Division 2 - Use of interstate audio visual links or audio links in proceedings before Queensland courts

39D. Application of div 2
39E. State courts may take evidence and submissions from outside State
39F. Legal practitioners entitled to practise

Division 3 - Use of interstate audio visual links or audio links in proceedings in participating States

39G. Application of div 3
39H. Recognised courts may take evidence or receive submissions from persons in Queensland
39I. Powers of recognised courts
39J. Orders made by recognised court
39K. Enforcement of order
39L. Privileges, protection and immunity of participants in proceedings before recognised court
39M. Recognised court may administer oath in the State
39N. Assistance to recognised court
39O. Contempt of recognised court
39P. Double jeopardy

Division 3A - Use of audio visual links or audio links for expert witnesses

39PA. Application of div 3A
39PB. Expert witnesses to give evidence by audio visual link
39PC. Direction to jury if expert witness gives evidence by audio visual link or audio link

Division 4 - General provisions about the use of audio visual links or audio links

39Q. Application of div 4
39R. Queensland courts may take evidence and submissions from external location
39S. Failure of the link
39T. Expenses
39U. External location to be considered part of Queensland court location
39V. Witness outside Queensland—when compellable
39W. Administration of oaths and affirmations
39X. Testimony from outside Australia other than on oath
39Y. Putting documents to a person at an external location
39Z. Extension of rule-making power

PART 4 - JUDICIAL NOTICE OF SEALS, SIGNATURES AND LEGISLATIVE ENACTMENTS

41. Public Seal of the State
42. Signatures of holders of public offices etc. to be judicially noticed
42A. Certain seals to be judicially noticed etc.
43. Acts and statutory instruments to be judicially noticed
43A. Administrative arrangements to be judicially noticed

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.
45. Proof of gazette
46. Proof regarding government printer, parliamentary counsel and Legislative Assembly
46A. Presumption of accuracy of official copy of Queensland legislation
46B. Court or tribunal may inform itself about Act or statutory instrument
47. Proof of Legislative Assembly’s proceedings or legislative material
48. Proof of particular instruments
49. Proof of standard rules, codes and specifications
50. Proof of act done by Governor or Minister
51. Proof of public documents
52. Proof of registers of British vessels etc.
53. Proof of judicial proceedings
54. Proof of identity of a person convicted
55. Proof of incorporation or registration of company in Queensland
55A. Proof of disaster situation under Disaster Management Act 2003
56. Proof of unallocated State land grants
57. Proof of lease or licence
58. Proof of letters patent
58A. Proof of document under Royal Sign Manual

Division 2 - Proof of certain miscellaneous documents and matters

59. Comparison of disputed writing
60. Proof of instrument to validity of which attestation is not necessary
61. Proof of instrument to validity of which attestation is necessary
62. Presumption as to documents 20 years old
63. Wills, deeds etc. may be verified by declaration
64. Evidentiary effect of probate etc.
65. Maps, charts etc.
66. Astronomical phenomena

Division 3 - Proof of certain Australian and overseas documents and matters

67. Definitions for div 3
68. Proof of certain Australian and overseas written laws etc.
69. Proof of judicial proceedings of an overseas country
70. Proof of certain documents admissible elsewhere in Australia
71. Royal proclamations, orders of the Privy Council etc.
72. Proof of certain Australian and overseas public documents
73. Proof of incorporation or registration of certain Australian and overseas companies
74. Proof of birth, adoption, death or marriage

Division 4 - Proof of telegraphic messages

75. Notice of intention to adduce telegraphic message in evidence
76. Proof of message
77. Proof of sending a message

Division 5 - Admissibility of convictions in civil proceedings

78. Definitions for div 5
79. Convictions as evidence in civil proceedings
80. Convictions as evidence in actions for defamation
81. Evidence identifying the particulars of a conviction
82. Operation of other laws not affected

Division 6 - Books of account

83. Definitions for div 6
84. Entries in book of account to be evidence
85. Proof that book is a book of account
86. Verification of copy
87. Matters which may be proved under this division ordinarily to be so proved
88. Court may order books of account or copies to be made available
89. Proof that a person has no account
90. Costs
91. Application of ss 84–86 and 89

PART 6 - ADMISSIBILITY OF STATEMENTS AND REPRESENTATIONS

92. Admissibility of documentary evidence as to facts in issue
93. Admissibility of documentary evidence as to facts in issue in criminal proceedings
93A. Statement made before proceeding by child or person with an impairment of the mind
93AA. Unauthorised possession of, or dealing in, s 93A criminal statements or section 93A transcripts
93AB. Permitted use of section 93A transcript by employment-screening applicant or applicant’s lawyer
93AC. Publishing section 93A criminal statements or section 93A transcripts prohibited
93B. Admissibility of representation in prescribed criminal proceedings if person who made it is unavailable
93C. Warning and information for jury about hearsay evidence
94. Admissibility of evidence concerning credibility of persons responsible for statement
94A. Admissibility of preliminary complaint in sexual offences and domestic violence offences
95. Admissibility of statements in documents or things produced by processes or devices
95A. DNA evidentiary certificate
96. Inferences concerning admissibility
97. Authentication
98. Rejection of evidence
99. Withholding statement from jury room
100. Corroboration
101. Witness’s previous statement, if proved, to be evidence of facts stated
102. Weight to be attached to evidence
103. Provisions of part are alternative

PART 6A - EVIDENCE RELATED TO DOMESTIC RELATIONSHIPS AND DOMESTIC VIOLENCE

Division 1 - Preliminary

103A. Definitions for part
103AB. References to domestic violence include associated domestic violence
103B. Meaning of domestic violence offence
103C. Meaning of domestic violence proceeding

Division 1A - Evidence of domestic violence

103CA. What may constitute evidence of domestic violence
103CB. Evidence of domestic violence
103CC. Expert evidence of domestic violence
103CD. Ultimate issue and common knowledge rules abrogated

Division 2 - Recorded statements as complainant’s evidence-in-chief in domestic violence proceedings

Subdivision 1 - Use of recorded statements

103D. Use of recorded statement as complainant’s evidence-in-chief
103E. Requirements for making recorded statements
103F. When recorded statement is made with informed consent

Subdivision 2 - Admissibility of recorded statements
Note—

103G. References to recorded statement
103H. Admissibility of recorded statements generally
103I. Admissibility of recorded statements in particular committal proceedings
103IA. Admissibility of transcripts of recorded statements in particular registry committal proceedings
103J. Application of particular provisions to recorded statements
103K. Relationship with other Acts
103L. Limitation on cross-examination under Justices Act 1886 not affected
103M. Powers to close court not limited
103N. Orders, directions and rulings in relation to complainants

Subdivision 3 - Editing or otherwise altering recorded statements

103O. Editing or otherwise altering recorded statements

Subdivision 4 - Offences relating to recorded statements

103P. References to recorded statement, transcript of recorded statement or summary of transcript
103Q. Unauthorised possession of, or dealing in, recorded statements or transcripts of recorded statements
103R. Permitted use of transcript of recorded statement by employment-screening applicant or applicant’s lawyer
103S. Publishing recorded statements or transcripts of recorded statements prohibited

Division 3 - Jury directions related to domestic violence

Subdivision 1 - General matters

103SA. Judge may request indication from parties
103T. Request for direction to jury about domestic violence
103U. Request for direction to jury about self-defence in response to domestic violence
103V. Judge may direct jury about domestic violence on own initiative
103W. Direction may be given before evidence is adduced and may be repeated
103X. Application of subdivision 2 to trial by judge or magistrate sitting alone
103Y. No limit of court’s duty to direct jury

Subdivision 2 - Content of jury directions about domestic violence

103Z. Content of general direction about domestic violence
103ZA. Direction about self-defence in response to domestic violence
103ZB. Examples of behaviour, or patterns of behaviour, that may constitute domestic violence
103ZC. Factors that may influence how a person addresses, responds to or avoids domestic violence
103ZD. Direction about lack of complaint or delay in making complaint

PART 6B - EVIDENCE RELATED TO SEXUAL OFFENCES

Division 1 - Exclusion of public

103ZE. Court to exclude public while complainant gives evidence

Division 2 - Prohibitions and restrictions in relation to particular questions and evidence

103ZF. Application of division
103ZG. Prohibition on questions and evidence concerning sexual reputation of complainant
103ZH. Restriction on questions and evidence concerning complainant’s sexual activities
103ZI. Application for leave
103ZJ. Application for leave out of time
103ZK. Contents of application for leave
103ZL. Hearing of application for leave
103ZM. Determination of application for leave during summary trial, committal proceeding or trial
103ZN. Limitation on evidence of complainant’s sexual activities

Division 3 - Jury directions related to sexual offences

Subdivision 1 - Preliminary

103ZO. Application of division

Subdivision 2 - General matters

103ZP. Judge may request indication from parties
103ZQ. When directions under subdivisions 3 and 4 must be given
103ZR. No limit of court’s duty to direct jury

Subdivision 3 - Directions to jury—consent and mistake of fact

103ZS. Direction about circumstances in which non-consensual sexual activity occurs
103ZT. Direction about responses to non-consensual sexual activity
103ZU. Direction on lack of physical injury, violence or threats
103ZV. Direction on responses to giving evidence
103ZW. Direction on behaviour and appearance of complainant
103ZX. Direction on mistake of fact in relation to consent

Subdivision 4 - Directions to jury—other

103ZY. Direction on differences in complainant’s account
103ZZ. Direction on lack of complaint or delay in making complaint
103ZZA. Direction on evidence of post-offence relationship

Subdivision 5 - Prohibited directions

103ZZB. Prohibited directions etc. in relation to credibility of complainant’s evidence

Division 4 - Expert evidence in relation to sexual offences

Subdivision 1 - Preliminary

103ZZC. Definitions for division
103ZZD. Meaning of relevant proceeding
103ZZE. Meaning of relevant evidence

Subdivision 2 - Engagement

103ZZF. Engagement of person included on sexual offence expert evidence panel
103ZZG. Particular information to be given to person engaged

Subdivision 3 - Sexual offence expert evidence panel

103ZZH. Chief executive to establish sexual offence expert evidence panel
103ZZI. Removal of person from sexual offence expert evidence panel
103ZZJ. Criminal history report
103ZZK. Confidentiality of criminal history information

PART 7 - REPRODUCTIONS OF DOCUMENTS

Division 1 - Preliminary

104. Definitions for part

Division 2 - Reproduction of official documents

105. Certified reproductions of certain official documents etc. to be admissible without further proof

Division 3 - Reproduction of business documents

106. Admissibility of reproductions of business documents destroyed, lost or unavailable
107. Use of photographing machines
108. Affidavit of maker of print from transparency to be evidence
109. Proof where document processed by independent processor
110. Reproduction not to be admitted as evidence unless transparency in existence
111. Transparency etc. may be preserved in lieu of document
112. Proof of destruction of documents etc.
113. One affidavit sufficient in certain circumstances
114. Certification required when affidavit etc. not contained in length or series of film
115. Discovery, inspection and production where document destroyed or lost

Division 4 - General

116. Copies to be evidence
117. Further reproduction may be ordered by court
118. Colours and tones of reproductions
119. Notice to produce not required
120. Proof of comparisons not required
121. Presumptions as to ancient documents
122. Reproductions made in other States
123. Judicial notice
124. A court may reject reproduction
125. Weight of evidence
126. Provisions of part are alternative
127. (Repealed)
128. Regulation may exclude application of provisions
129. Public Records Act 2002 not affected

PART 8 - MISCELLANEOUS

129A. Order that evidence may be given in a different way
129B. Person may be examined without subpoena or other process
130. Rejection of evidence in criminal proceedings
131. Witnesses for defence to be sworn
131A. Court may order interpreter to be provided
132. Actions for breach of promise of marriage
132A. Admissibility of similar fact evidence
132B. Prohibited direction in relation to doubts regarding truthfulness or reliability of complainant’s evidence
132BAA. Prohibited directions etc. in relation to reliability of children’s evidence
132BA. Delay in prosecuting offence
132C. Fact finding on sentencing
133. Impounding documents
133A. DNA analysts
134. Power to appoint a government printer
134A. Production of documents by agencies in relation to civil proceedings
134B. Approval of forms
135. Regulation-making power

PART 9 - TRANSITIONAL AND DECLARATORY PROVISIONS

Division 1 - Evidence Amendment Act 2000

136. Transitional—Evidence Amendment Act 2000

Division 1A - Justice and Other Legislation Amendment Act 2003

136A. Declaratory provision for Justice and Other Legislation Amendment Act 2003

Division 2 - Evidence (Protection of Children) Amendment Act 2003

137. Definitions for div 2
138. Communications between a husband and wife
139. Evidence admitted under repealed s 9
140. Committal proceeding
141. Prerecording of evidence for a summary trial
142. Prerecording of evidence for a trial on indictment

Division 3 - Cross-Border Law Enforcement Legislation Amendment Act 2005

143. Witness anonymity certificates

Division 4 - Justice and Other Legislation Amendment Act 2005

144. Statement made before proceeding by child or person with an impairment of the mind
145. Definition chief executive (surveys)

Division 5 - Criminal Code and Other Acts Amendment Act 2008

146. References to particular Criminal Code offences

Division 6 - Health and Other Legislation Amendment Act 2016

147. Prescribed special offence taken to include references to Criminal Code, ss 208 and 209

Division 7 - Serious and Organised Crime Legislation Amendment Act 2016

148. Special witnesses

Division 8 - Criminal Law Amendment Act 2017

149. Definition for division
150. Admissibility of particular copies of videorecordings made before commencement
151. Destruction of recordings made before commencement
152. Application of DNA evidentiary certificate provision to proceedings started before commencement

Division 9 - Victims of Crime Assistance and Other Legislation Amendment Act 2017

153. Sexual assault counselling privilege

Division 10 - Criminal Code (Child Sexual Offences Reform) and Other Legislation Amendment Act 2020

154. Application of s 132BA
155. Application of pt 2, div 4C

Division 11 - Justice and Other Legislation Amendment Act 2020

156. Proceedings started before commencement
Note

Division 12 - Evidence and Other Legislation Amendment Act 2022

157. Journalist privilege
158. Domestic violence proceedings

Division 13 - Domestic and Family Violence Protection (Combating Coercive Control) and Other Legislation Amendment Act 2023

159. Existing applications for leave related to protected counselling communications

Division 14 - Transitional provision for Forensic Science Queensland Act 2024

160. Continued appointments

Division 14A - Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024

160A. Application of s 21 to proceedings
161. Application of part 6B, divs 1–3 to criminal proceedings
162. Application of s 94A to sexual offences and domestic violence offences charged before commencement
163. Application of ss 132B and 132BAA to criminal proceedings

Division 15 - Integrity and Other Legislation Amendment Act 2024

171. Sexual assault counselling privilege
SCHEDULE 1
Schedule 2 (Repealed)
SCHEDULE 3

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