Evidence Act 1929 (SA)

South Australia Evidence Act 1929 An Act to consolidate certain Acts relating to evidence.

Contents Part 1—Preliminary 1 Short title 4 Interpretation 5 Application of Act (prima facie) to all courts and enabling only Part 2—Witnesses 6 Oaths, affirmations etc 7 Oaths or affirmations taken before a court 9 Unsworn evidence 12 Evidence of young children 12A Warning relating to uncorroborated evidence of child in criminal proceedings 12AB Pre‑trial special hearings 12AC Effect of orders made at pre‑trial special hearing 13 Special arrangements for protecting witnesses from embarrassment, distress etc when giving evidence 13A Special arrangements for protecting vulnerable witnesses when giving evidence in criminal proceedings 13B Cross‑examination of certain witnesses 13BA Admissibility of recorded evidence by certain witnesses in certain criminal proceedings 13BB Admissibility of recorded evidence in domestic violence proceedings 13C Court's power to make audio visual record of evidence of vulnerable witnesses in criminal proceedings 13D Court's power to admit evidence taken in earlier proceedings 14 Entitlement of a witness to be assisted by an interpreter 14A Entitlement of witness to be given communication assistance in certain circumstances 15 Witness not disqualified by interest or crime 16 Parties and their spouses competent and compellable in civil proceedings 18 Accused persons competent to give evidence 18A Abolition of right to make unsworn statement 21 Competence and compellability of witnesses 22 Certain questions may be disallowed 23 Rules as to relevancy 24 Disallowance of certain questions in cross-examination 25 Disallowance of inappropriate questions 25A Abolition of oath belief rule 26 Proof of previous conviction of witness may be given 27 How far a party may discredit his or her own witness 28 Proof of contradictory statements of adverse witness 29 Cross-examination as to previous statements in writing 29A Victim or alleged victim who is a witness entitled to be present in court unless court orders otherwise 29B Prohibited direction in relation to doubts regarding truthfulness or reliability of victim's evidence 29C Evidence of opinions based on specialised knowledge of child behaviour etc Part 3—Miscellaneous rules of evidence Division 1—Miscellaneous rules of evidence in general cases 30 As to comparison of disputed writing 31 Attesting witness need not be called in certain cases 33 Disclosure in action for defamation 34 Admissions by accused persons 34A Proof of commission of offence 34AB Identification evidence 34C Admissibility of documentary evidence as to facts in issue 34CB Direction relating to delay where defendant forensically disadvantaged 34D Weight to be attached to evidence 34E Proof of instrument to validity of which attestation is necessary 34F Presumptions as to documents twenty years old 34G Interpretation and savings 34J Special provision for taking evidence where witness is seriously ill 34K Admissibility of depositions at trial 34KA Admissibility of evidence of out of court statements by unavailable witnesses 34KB Credibility 34KC Stopping the case where evidence is unconvincing 34KD Court's general discretion to exclude evidence Division 2—Miscellaneous rules of evidence in sexual cases 34L Evidence in sexual cases generally 34LA Admissibility of evidence of out of court statements by certain alleged victims of sexual offences 34M Evidence relating to complaint in sexual cases 34N Directions relating to consent in certain sexual cases Division 3—Admissibility of evidence showing discreditable conduct or disposition 34O Application of Division 34P Evidence of discreditable conduct 34Q Use of evidence for other purposes 34R Trial directions 34S Certain matters excluded from consideration of admissibility 34T Severance Division 4—Evidence in proceedings where circumstances of family violence 34U Interpretation 34V Circumstances of family violence 34W Evidence of family violence 34X Certain expert evidence relating to nature and effect of family violence to be admissible 34Y Trial directions relating to evidence of family violence 34Z Review of Division and section 69A Division 5—Evidence relating to Aboriginal traditional laws and customs 34ZA Evidence relating to Aboriginal traditional laws and customs Part 4—Documents and other records Division 1—Public Acts and documents 35 Judicial notice of legislative instruments 35A Evidence of date of assent to Act 36 Proof of votes and proceedings of Parliament 37 Evidentiary value of official publications 37A Proof of Gazette 37B Proof of printing or publishing by Government Printer 37C Proof of Imperial orders-in-Council 38 Foreign and Colonial Acts of State, judgments etc provable by copies 39 Public documents provable by examined or certified copy 40 Proof of documents by examined or certified copies 41 Certifying a false document Division 2—Proof of convictions, acquittals etc 42 Proof of conviction or acquittal of an indictable offence 43 Proof of convictions and orders of courts of summary jurisdiction 43A Proof of identity of person convicted in another State Division 3—Documents relating to ships or transport 44 Registers of British vessels and certificates of registry admissible as prima facie evidence of their contents 45 Documents relating to transportation of persons or goods Division 4—Banking records 46 Interpretation 47 Admission of banking record in evidence 48 Evidence of non-existence of account may be given by affidavit 49 Power to order inspection of banking records etc 50 Bank not compellable to produce records except under order 51 Costs occasioned by default of bank Division 5—Other documents and records 52 Admission of certain documents in evidence 53 Admission of business records in evidence Division 6—Matters relating to communications 54 Electronic communications 55 Telegrams and lettergrams Division 7—Miscellaneous 56 Evidence produced by processes, machines and other devices 57 Modification of best evidence rule Part 6B—Obtaining evidence from outside a court's territorial jurisdiction 59D Interpretation 59E Taking of evidence outside the State 59F Power of South Australian Court to take evidence on request 59G Depositions to be signed 59H Transmission of request 59I Saving provision Part 6C—Use of audio and audio visual links Division 1—Preliminary 59IA Interpretation 59IB Transitional 59IC Application of Part Division 2—Use of interstate audio or audio visual link in proceedings before South Australian courts 59ID Application of this Division 59IE State courts may take evidence and submissions from outside State 59IF Expenses 59IG Counsel entitled to practise Division 3—Use of interstate audio or audio visual link in proceedings in participating States 59IH Application of Division 59II Recognised courts may take evidence or receive submissions from persons in South Australia 59IJ Powers of recognised courts 59IK Orders made by recognised court 59IL Enforcement of order 59IM Privileges, protection and immunity of participants in proceedings in courts of participating States 59IN Recognised court may administer oath in South Australia 59IO Assistance to recognised court 59IP Contempt of recognised courts Division 4—Use of audio visual link or audio link generally 59IQ Appearance etc by audio visual link or audio link 59IR Communication between lawyer and client Part 7—General provisions Division 1—Power to dispense with formal proof 59J Court's power to dispense with formal proof Division 2—Notice of action 60 Sufficiency of notice of action Division 3—Facilitation of proof of certain matters 62 Proof of "public place" in certain cases 62A Proof of place being within municipality etc 63 Proof of foreign law 63A Evidence as to foreign law 64 Proof of matters of history, science etc 65 Reference by court to books, official certificates etc 65A Proof of age Division 4—Taking affidavits etc outside the State 66 Taking of affidavits out of the State 66A Taking of affidavits out of the State by sailors, soldiers and airmen 67 Extension of provisions relating to affidavits to attestation etc of other documents Division 5—Admission of official documents in evidence 67A Admissibility of documents without proof of seal etc Division 6—Power of foreign authority to take evidence 67AB Taking of evidence in this State by foreign authorities Division 7—Select Committee evidence 67B Evidence before the Parliamentary Select Committee of Inquiry into Prostitution Division 8—Evidence of settlement negotiations 67C Exclusion of evidence of settlement negotiations Division 9—Protected communications 67D Interpretation 67E Certain communications to be protected by public interest immunity 67F Evidence of protected communications Division 10—Sensitive material 67G Interpretation and application 67H Meaning of sensitive material 67HA Court may give access to certain sensitive material in certain circumstances 67I Procedures for giving restricted access to sensitive material 67J Improper dissemination of sensitive material Division 11—Religious confession 67K No confessional privilege in child sexual abuse matters Part 8—Publication of evidence Division 1—Preliminary 68 Interpretation Division 2—Orders for clearing court or suppressing publication of evidence etc 69 Order for clearing court 69A Suppression orders 69AB Review of suppression orders 69AC Appeal against suppression order etc 69B Appeals 70 Disobedience to orders under this Division 71 Attorney-General to provide annual report Division 3—Sexual cases 71A Restriction on reporting on sexual offences Division 4—Cases generally 71B Publishers required to report result of certain proceedings 71C Restriction on reporting of proceedings following acquittals Part 8A—Journalists 72 Interpretation 72A Application of Part 72B No liability incurred for failure to disclose identity of informant in court proceedings 72C Review of Part Part 9—Miscellaneous 73 Regulations Schedule 1—Review of identity parade evidence 1 Review and report on section 34AB Schedule 4—Affidavit about proof of identity of person convicted in another State or Territory Legislative history