Evidence Act 1977 – 23 September 2016
Evidence Act 1977 – 23 September 2016
Evidence Regulation 2007 – 25 November 2016
Note: The Commonwealth Evidence Act applies, in most instances, to Commonwealth court proceedings.
Quick to view summary
The husband or wife of an accused person can be compelled to provide evidence in a criminal proceeding.
- Section 8
The competency of a witness to give evidence is presumed but can be questioned.
- Sections 9, 9A, 9B, 9C, 9D
Special principles apply to court dealings with a child witness (under 16 years of age). One important principle is that a child should not be intimidated in cross-examination.
- Section 9E
If the accused in a criminal proceeding gives evidence of their own good character or attacks the character of others involved in the proceeding, the court may give permission to the prosecution (in the absence of a jury) to question the accused on their criminal history and/or bad character.
- Sections 10, 15
Special rules apply when questioning a witness on their criminal history.
- Sections 15A, 16
It is general practice that a party does not discredit their own witness.
- Section 17
The court may disallow questions put to a witness that are improper or may damage creditability.
- Sections 20, 21
An expert witness is to give evidence by audio visual link or audio link (subject to a contrary court direction).
- Sections 39PA, 39PB
A person who witnesses the signing of a will, deed or legal instrument may verify and prove the same by a statutory declaration.
- Section 63
Evidence of criminal convictions can be used in civil proceedings.
- Sections 79, 80, 81
Documentary evidence may be used in civil proceedings where the maker is called as a witness.
- Sections 92, 93A, 94, 96, 102
In limited circumstances, documentary evidence may be used in criminal proceedings.
- Sections 93, 93A, 94, 96, 102
A party to civil proceedings may apply to a government department to inspect a document (in the department’s possession) that is relevant to an issue being litigated.
- Section 134A; Regulation 6
Reason for law
Form 4 [Queensland Police]
Highlighted practice direction
2013/05 – Technology standards for using Court DVD players for evidence presentation | 2013/03 – Technology standards for using court DVD players for evidence presentation | 2013/03 – Technology standards for using court DVD players for evidence presentation
2008/06 – Appearance of persons in custody – use of video link facilities | 2006/05 – Appearance of Persons in custody on video link facilities at the magistrates Court at Richlands | 2006/02 – Appearances of Detainees on video link facilities at Magistrates Courts at Maryborough and Hervey Bay | 2005/04 – Appearance of Detainees | 2005/03 – Appearance of Detainees
Section 2A: notes forming part of an Act is not common for Acts of Parliament.
Sections 8 and 74 may need to be updated to take into account the introduction of registered relationships.
The section 14 term ‘abrogated’ could be replaced with modern terminology.
Section 52 may be outdated as it contains a reference to the ‘registry of British vessels’.
Section 62 could be made clearer by setting out the relevant presumptions applying to 20 year old documents.
Suggested further reading
- Evidence Law in Queensland – 11th Edition (2016)
- Uniform Evidence Law: Text and Essential Cases – 3rd Edition (2016)
- The Use of Ebooks as Evidence: Support Material for Queensland Australia (2014) [Published on Safe Sailing.com.au]
- Queensland Evidence Law – 3rd Edition (2014)
- Evidence: Commentary & Materials – 8th Edition (2013)
- Documentary Evidence – The Laws of Australia – 2nd Edition (2013)
- Expert Evidence: Law, Practice, Procedure and Advocacy – 5th Edition (2013)
- The Law of Affidavits (2013)
- Cross on Evidence – 9th Edition (2012)
- Uniform Evidence Law – 10th Edition (2012)
- Uniform Evidence Law: Principles and Practice (2011)
- Australian Evidence: A Principled Approach to the Common Law and the Uniform Acts – 5th Edition (2010)
- The New Law of Evidence: Annotation and Commentary on the Uniform Evidence Acts – 2nd Edition (2009)
- Computer Forensics, Electronic Discovery and Electronic Evidence (2009)
- Rules of Evidence in Australia (2007)
- Butterworths Tutorial Series – Evidence (2005)
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