Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 94A

94A Admissibility of preliminary complaint in sexual offences and domestic violence offences

(1) This section applies in relation to a committal proceeding, or a trial, in relation to a sexual offence or domestic violence offence.

(2) Evidence of how and when any preliminary complaint was made by the complainant about the commission of the alleged offence by the defendant is admissible in evidence regardless of when the preliminary complaint was made.

(3) Nothing in subsection (2) derogates from the power of the court in a criminal proceeding to exclude the evidence if the court is satisfied it would be unfair to the defendant to admit the evidence.

(4) If a defendant is tried by a jury, the judge must not warn or suggest in any way to the jury that the law regards the complainant’s evidence to be more reliable or less reliable only because of the length of time before the complainant made a preliminary complaint or other complaint.

(5) Subject to subsection (4) , the judge may make any comment to a jury on the complainant’s evidence that it is appropriate to make in the interests of justice.

Note—

See also sections 103ZD , 103ZZ , 103ZZB and 132BA and the Criminal Code , section 632 .

(6) In this section—

"complaint" includes a disclosure.

"preliminary complaint" means any complaint other than—

(a) the complainant’s first formal witness statement to a police officer given in, or in anticipation of, a criminal proceeding in relation to the alleged offence; or

(b) a complaint made after the complaint mentioned in paragraph (a) .

Example—

Soon after the alleged commission of a sexual offence, the complainant discloses the alleged commission of the offence to a parent (
"complaint 1" ). Many years later, the complainant makes a complaint to a secondary school teacher and a school guidance officer (
"complaints 2 and 3" ). The complainant visits the local police station and makes a complaint to the police officer at the front desk (
"complaint 4" ). The complainant subsequently attends an appointment with a police officer and gives a formal witness statement to the police officer in anticipation of a criminal proceeding in relation to the alleged offence (
"complaint 5" ). After a criminal proceeding is begun, the complainant gives a further formal witness statement (
"complaint 6" ).
Each of complaints 1 to 4 is a preliminary complaint. Complaints 5 and 6 are not preliminary complaints.