The Evidence Act 1995 (NSW) transitional provision (Sch 2, Pt 3, cl 17) referring to 'proceedings the hearing of which began before the commencement of the amendment' refers to the hearing of the particular proceeding (the trial), which commences at arraignment, not to the initiation of the criminal process at arrest or charging. This means that amendments to the Evidence Act apply to trials where arraignment occurs after the amendment's commencement, even if the criminal process was initiated years earlier. The question whether the hearing commences at the first arraignment (including for pre-trial purposes) or only at arraignment before the jury was left open.
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