Evidence Regulation 2012

This regulation is the Evidence Regulation 2012.

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation.

Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

A notice of previous representation must state—

subject to section 6 (2), the substance of evidence of a previous representation that the notifying party intends to present; and

the substance of all other relevant representations made by the person who made the previous representation, so far as they are known to the notifying party; and

so far as they are known to the notifying party, details of—

the date, time, place and circumstances at or in which each of the representations mentioned in paragraph (a) or (b) was made; and

the names of the people by whom, and the people to whom, each of the representations was made; and

in a civil proceeding—the address of each person mentioned in subparagraph (ii).

Subsection (3) applies if a notifying party intends to rely on any of the following provisions of the Act:

section 63 (2) (a) or (b);

section 65 (2) (a), (b), (c) or (d);

section 65 (3) (a) or (b);

section 65 (8) (a) or (b).

The notifying party’s notice of previous representation must state details of the facts on the basis of which it is alleged that the person who made a representation mentioned in the notice is not available to testify about the fact to be proved by presenting evidence of the representation.

Subsection (5) applies if a notifying party intends to rely on the Act, section 64 (2) (a) or (b).

The notifying party’s notice of previous representation must state details of the facts that the party will rely on to establish the grounds stated in the Act, section 64 (2).

If a notice of previous representation mentions a previous representation that is in writing—

a copy of the document, or of the relevant part of the document, containing the representation must be attached to the notice; and

the notice must identify the document unless—

a copy of the document is attached to the notice; and

the identity of the document is apparent on the face of the copy.

If a copy of a document, or of a part of a document, is attached to a notice it is a sufficient compliance for section 5 (1) (a) to state in the notice, or in the copy of a document or part of a document attached to the notice, the representation evidence of which the notifying party intends to present.

On application by a party in a criminal proceeding, the court may make an order directing the notifying party to disclose the address of a person named in a notice of previous representation.

The direction may be given on the terms the court considers appropriate.

A notice of tendency evidence must state—

the substance of the tendency evidence that the notifying party intends to present; and

if the tendency evidence consists of, or includes, evidence of the conduct of a person—so far as is known to the notifying party, details of—

the date, time, place and circumstances at or in which the conduct occurred; and

the names of each person who saw, heard or otherwise perceived the conduct; and

in a civil proceeding—the address of each person mentioned in subparagraph (ii).

A notice of coincidence evidence must state—

the substance of the coincidence evidence that the notifying party intends to present; and

so far as is known to the notifying party, details of—

the date, time, place and circumstances at or in which each of the events the subject of the evidence occurred; and

the names of each person who saw, heard or otherwise perceived each of the events; and

in a civil proceeding—the address of each person mentioned in subparagraph (ii).

On application by a party in a criminal proceeding, the court may make an order directing the notifying party to disclose the address of any person named in a notice of tendency or coincidence evidence.

The direction may be given on the terms the court considers appropriate.

The following provisions are prescribed:

the Evidence Act 2004 (Norfolk Island), section 128;

the Coroners Act 2009 (NSW), section 61;

the Evidence Act 1995 (NSW), section 128;

the Evidence Act 2001 (Tas), section 128.

the Coroners Act 2008 (Vic), section 57;

the Evidence Act 2008 (Vic), section 128;

the Coroners Act 1996 (WA), section 47;

the Evidence Act 1906 (WA), section 11.

The following provisions are prescribed:

the Evidence Act 1995 (NSW), section 128A;

the Evidence Act 2001 (Tas), section 128A;

the Evidence Act 2008 (Vic), section 128A.

A form approved under section 15 for this section is prescribed.