Evidence Act 1929

For the purposes of this Act and any other Act, an offence is committed in, or an event occurs in, circumstances of family violence if—

the offence or event consists of, or includes, the commission of family violence; or

the offence is committed, or the event occurs—

during the commission of family violence; or

as a response to the commission of family violence, or a threat of the commission of family violence in the future (whether implied or express and whether the commission of the family violence is imminent or otherwise); or

the offence is committed, or the event occurs, in any other circumstances resulting from or related to the commission of family violence.

A court sentencing a person for an offence committed in circumstances of family violence—

will, if the trial court made a finding of fact relating to circumstances or evidence of family violence, be bound by that finding; and

may, if the trial court has not made such a finding, determine any question relating to circumstances of family violence—

by reference to any evidence of family violence adduced during proceedings related to the offence (whether by the defendant or the prosecution); or

by reference to any evidence of family violence provided to the sentencing court during sentencing proceedings (whether by the defendant or the prosecution); or

by reference to any statement of agreed facts provided to the court during proceedings related to the offence or the sentencing proceedings; or

by otherwise informing itself in relation to the circumstances of family violence in accordance with any rules of court.