Evidence Act 1995

A judge may, on application, order that a demonstration, experiment or inspection be held.

A judge is not to make an order unless he or she is satisfied that:

the parties will be given a reasonable opportunity to be present; and

the judge and, if there is a jury, the jury will be present.

Without limiting the matters that the judge may take into account in deciding whether to make an order, the judge is to take into account the following:

whether the parties will be present;

whether the demonstration, experiment or inspection will, in the court’s opinion, assist the court in resolving issues of fact or understanding the evidence;

the danger that the demonstration, experiment or inspection might be unfairly prejudicial, might be misleading or confusing or might cause or result in undue waste of time;

in the case of a demonstration—the extent to which the demonstration will properly reproduce the conduct or event to be demonstrated;

in the case of an inspection—the extent to which the place or thing to be inspected has materially altered.

The court (including, if there is a jury, the jury) is not to conduct an experiment in the course of its deliberations.

This section does not apply in relation to the inspection of an exhibit by the court or, if there is a jury, by the jury.