Evidence Act 1929

A question is an inappropriate question if—

the question is misleading or confusing; or

the question is expressed in language that is unnecessarily complicated;

the question is apparently based on a stereotype, including a sexual, racial, ethnic or cultural stereotype or a stereotype based on age or physical or mental disability; or

the question is unnecessarily repetitive, offensive or oppressive, or is

the question is put in a humiliating, insulting or otherwise inappropriate manner or tone.

A question is not, however, inappropriate only because—

it challenges the truthfulness of the witness, or the consistency or accuracy of statements made by the witness; or

it deals with matters the witness would find distasteful or intrudes on the witness's privacy.

If an inappropriate question is put to a witness in cross‑examination, the court must—

disallow the question; and

inform the witness that the question need not be answered.

In determining whether a question is inappropriate, the court may take into account—

the age, personality and educational level of the witness; and

any physical disability or cognitive impairment of the witness; and

the witness's ethnic and cultural background; and

any other characteristics of the witness that may be relevant; and

the context in which the question is put, including—

the nature of the proceedings and, if the proceedings are criminal proceedings, the nature of the offence to which they relate; and

the relationship (if any) between the witness and a party to the proceedings; and

any other relevant factor.

The failure to exercise the discretion in relation to a question does not affect the admissibility of any answer given in response to the question.