Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]


- As at 19 February 2024 
- Act 47 of 1977 


           Long Title


   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.


           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     (Repealed)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


           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)


           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 or audio 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


   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


           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


   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
   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


           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

   103G.   References to recorded statement
   103H.   Admissibility of recorded statements generally
   103I.   Admissibility of recorded statements in particular 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

   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


           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


   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.   (Repealed)
   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


           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

           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 15 - Integrity and Other Legislation Amendment Act 2024

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           Schedule 2 (Repealed)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

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback