Victorian Consolidated Legislation

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1958

No. 6246 of 1958
Version incorporating amendments as at  16 January 2012

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   2.      Repealed
   3.      Definitions

   PART I-THE MEANS OF OBTAINING EVIDENCE

           Division 1-Orders and commissions to examine witnesses

   4.      Order to examine witnesses
   5.      Repealed
   6.      Operation of other laws
           7-9. Repealed

           Division 1A-Examination of witnesses abroad

   9A.     Definitions
   9B.     Proceedings in superior courts
   9C.     Proceedings in inferior courts
   9D.     Exclusion of evidence in criminal proceeding
   9E.     Operation of other laws

           Division 1B-Examination of witnesses outside the State but within Australia

   9F.     Application of Division
   9G.     Definitions
   9H.     Proceedings in superior courts
   9I.     Proceedings in inferior courts
   9J.     Exclusion of evidence in criminal proceedings
   9K.     Operation of other laws

           Division 1C-Taking of evidence for foreign and Australian courts

   9L.     Definitions
   9M.     Application to the Supreme Court for assistance in obtaining evidence for proceedings in other court
   9N.     Power of the Supreme Court to give effect to application for assistance
   9O.     Privilege of witnesses
   9P.     Offence
   9Q.     Operation of other laws

           Division 2-Repealed

           10, 11. Repealed

           Division 3-Prisoners

   12.     Prisoner may be brought before court to give evidence without writ of habeas corpus

           Division 4-Repealed

   13.     Repealed

           Division 5-Boards appointed and commissions issued by the Governor in Council

   14.     Power to send for persons and papers
   15.     Power of member of board to examine upon oath
   16.     Penalty for non-attendance or refusing to give evidence etc.
   17.     Power to send for witnesses and documents
   18.     Power of commissioner to examine upon oath etc.
   19.     Penalty for non-attendance, refusing to give evidence etc.
   19A.    Application of Division
   19B.    Exclusion and publication prohibition orders
   19C.    Incriminating answers
   19D.    Legal professional privilege
   19E.    Powers of entry, inspection and possession
   20.     Chairman to report to law officer if witness fails to attend etc.
   20A.    Summons to require continuous attendance
   21.     Allowances to witnesses
   21A.    Privileges and immunities in relation to inquiries
   21B.    Express reference necessary to include section 21A.
   21C.    Sections 20 and 20A to apply in certain cases

           Division 6-Disclosure of information relating to applications for legal aid

   21D.    Definitions
   21E.    Disclosure of information etc. relating to proposed applications
   21F.    Disclosure of information etc. relating to applications
   21G.    Disclosure of information etc. where applicant has died
   21H.    Application of this Division

           Division 7-Family mediations

   21I.    Definitions
   21J.    Admissions etc. made at mediation conferences

           Division 8-Dispute settlement centres

   21K.    Definitions
   21L.    Admissions etc. at mediation conferences
   21M.    Confidentiality
   21N.    Exoneration from liability

   PART II-WITNESSES

           Division 1-Repealed

           22-25. Repealed

           Division 2-Privileges disabilities and obligations of witnesses

           26, 27. Repealed
   28.     Confessions to doctors
   29.     Repealed
   30.     Statements made by witness before board or commission not to be used against witness
           31-32A. Repealed

           Division 2A-Confidential communications

   32AB.   Guiding principles
   32B.    Definitions
   32C.    Exclusion of evidence of confidential communications
   32D.    Restriction on granting leave
   32E.    Limitations on privilege
   32F.    Ancillary orders available on a granting of leave
   32G.    Operation of Division

           Division 3-Examination and cross-examination of witnesses

           33-41. Repealed

           Divisions 3AA-4-Repealed

           41A-42B. Repealed

   PART IIAA-WITNESS IDENTITY PROTECTION

           Division 1-Introductory

   42BA.   Definitions

           Division 2-Witness identity protection certificates for local operatives

   42BB.   Giving witness identity protection certificate
   42BC.   Statutory declaration by local operative
   42BD.   Form of witness identity protection certificate
   42BE.   Protection of decision to give certificate
   42BF.   Cancellation of witness identity protection certificate
   42BG.   Permission to give information disclosing operative's identity etc.
   42BH.   Disclosure offences
   42BI.   Reports about witness identity protection certificates
   42BJ.   Delegation

           Division 3-Interstate witness identity protection certificates

   42BK.   Application of Division
   42BL.   Filing and notification
   42BM.   Effect of interstate witness identity protection certificate
   42BN.   Orders to protect interstate operative's identity etc.
   42BO.   Disclosure of interstate operative's identity to presiding officer
   42BP.   Application for disclosure of interstate operative's identity etc.
   42BQ.   Suppression and protection orders
   42BR.   Directions to jury
   42BS.   Disclosure offences

   PART IIA-USE OF AUDIO VISUAL AND AUDIO LINKS

           Division 1-Definitions

   42C.    Definitions

           Division 2-Persons other than accused

   42D.    Application of Division
   42E.    Appearance, etc. by audio visual link or audio link
   42F.    Special provisions applicable to certain proceedings involving children
   42G.    Technical requirements
   42H.    Costs
   42I.    Certain other laws not affected

           Division 3-Appearance by the accused

   42J.    Application of Division
   42K.    Appearance of adult accused before court
   42L.    Making of direction for physical appearance in section 42K(1) proceedings
   42M.    Making of direction for audio visual appearance in section 42K(2) proceedings
   42N.    Application for making of direction under section 42K(4)
   42O.    Appearance before court of accused who is a child
   42P.    Making of direction for audio visual appearance by child
   42Q.    Practice directions
   42R.    Requirements for audio visual appearance by accused
   42S.    Protection of communication between accused and legal representative
   42T.    Application of Surveillance Devices Act 1999.

           Division 4-General

   42U.    Putting documents to a remote person
   42V.    Direction to jury in criminal trial
   42W.    Application of laws about witnesses, etc.
   42X.    Arraignment
   42Y.    Administration of oaths and affirmations

   PART III-PROOF OF DOCUMENTS, PROOF OF FACTS BY DOCUMENTS AND DOCUMENT UNAVAILABILITY
   Divisions 1, 2-Repealed

           43-52. Repealed

           Division 2A-Reproductions of documents

           53-53P. Repealed
   53Q.    Micro-film etc. may be preserved in lieu of document
           53R-53T. Repealed
           Divisions 3, 3A-Repealed
           54-58J. Repealed

           Division 4-Further provisions relating to Australasian documents

   59.     Definitions
           60-69. Repealed

           Division 5-Further provisions relating to Victorian documents

   70.     Mode of proving proclamations, orders and regulations of Board of Land and Works
   71.     Government Gazette to be evidence of act of Board of Land and Works
           72, 73. Repealed
   74.     Evidence of contents of will
   75.     Repealed

           Division 5A-Repealed

   75A.    Repealed

           Division 6-Judicial notice

           76-79. Repealed
   80.     Judicial notice of certain seals etc
   81.     Effect of judicial or official notice
           Divisions 7, 8-Repealed
           82-89. Repealed

           Division 9-Document unavailability

   89A.    Meaning of unavailability of document
   89B.    Court may make ruling or order
   89C.    Matters the court must consider
   89D.    Relationship of this Division with VCAT Act
   89E.    Operation of Public Records Act 1973.
   89F.    Division to be in addition to Evidence Act 2008.

           Division 10-Repealed

   PART IIIA-Repealed

           90, 91. Repealed
           92-98. Repealed
           98A-98C. Repealed

   PART IV-OATHS AFFIRMATIONS AFFIDAVITS DECLARATIONS

           Division 1-Introductory

   99.     Definition

           Division 2-Oaths and affirmations

   100.    Application of Division
   101.    Manner of administration of oaths and affirmations
   102.    Choice of oath or affirmation
   103.    Requirements for oaths
   104.    Affirmations in writing

           Division 3-Declarations in public departments

   105.    Declarations may be substituted for oaths and affidavits
   106.    Such substitution to be notified in Gazette

           Division 4-Statutory declarations

   107.    Statutory declarations
   107A.   List of persons who may witness statutory declarations
   108.    Objection that matter is not one requiring verification not to be taken
   109.    Name and address of person witnessing declaration to appear on declaration

           Division 5-Courts and officers

   110.    Courts etc. may administer oaths to witnesses
   110A.   Repealed
   111.    Power of certain officers of courts etc. to administer oaths
   111A.   Person appointed by foreign authority may take evidence and administer oaths

           Division 6-Gaolers

   112.    Affidavits of prisoners
           Divisions 7, 8-Repealed
           113-123B. Repealed

           Division 9-Affidavits in Victoria

   123C.   Affidavits in Victoria how sworn and taken

           Division 10-Affidavits in places out of Victoria

   124.    Taking oaths out of Victoria
   125.    Affidavits and declarations required to be made before a justice sufficient if made before a justice elsewhere

           Division 11-Jurat

   126.    Jurat to state where and when oath is taken
   126A.   Jurat etc. to affidavit to be prima facie evidence of
           execution

   PART V-ATTESTATIONS VERIFICATIONS ACKNOWLEDGMENTS NOTARIAL ACTS ETC.

   127.    Certain provisions of Part IV apply to certain attestations
   128.    Attestations etc. before a justice
   129.    Repealed

   PART VI-RECORDING OF EVIDENCE

   130.    Power to person acting judicially to direct that evidence be recorded
   131.    As to methods of recording evidence
           132-133. Repealed
   134.    Persons recording evidence under this Part to be officers of the court
   135.    Records made under this Part to be received as prima facie evidence of matter therein contained
   136.    Repealed
   137.    Penalty for falsely recording evidence
           138, 139. Repealed
   140.    Power to Governor in Council to regulate fees

   PART VII-OFFENCES PERJURY FORGERY FALSE CERTIFICATES ETC.

   141.    Persons making wilful false statements on oath, declaration
           etc. guilty of perjury
   142.    Forgery, using etc. false documents an indictable offence
   143.    Printing or using documents falsely purporting to be printed by government printer an indictable offence
   144.    Giving false certificates an indictable offence
   145.    Interpretation provisions to apply to this Part

   PART VIII-MISCELLANEOUS

           146-149. Repealed
   149A.   Admissions of fact in confiscation proceedings
           149AB-150. Repealed
   151.    Abolition of extra-judicial oaths
   151A.   Supreme Court-limitation of jurisdiction
   152.    Regulations
           153, 154. Repealed
   155.    Transitional provision-Magistrates' Court (Committal Proceedings) Act 2000.
   156.    Repealed
   156A.   Transitional provision-Sentencing (Further
           Amendment) Act 2005.
           157, 158. Repealed
   158A.   Transitional provision-Crimes (Sexual Offences)
           Act 2006.
   159.    Transitional provision-Crimes (Sexual Offences) (Further Amendment) Act 2006.
   160.    Transitional provision-Justice Legislation Amendment
           (Sex Offences Procedure) Act 2008.
   161.    Transitional provision-Statute Law Amendment (Evidence Consequential Provisions) Act 2009.
   162.    Transitional provision-interpretation of references
   163.    Transitional provision-Criminal Procedure Act 2009.
   164.    Validation of certain orders
           __________________
           SCHEDULE 1-Repealed
           SCHEDULE 2-Form of Order of Prisoner to be Brought Before
           Court
           SCHEDULE 3.

           Part 1-Form of Oath and Affirmation

           Part 2-Affirmations in Writing
           SCHEDULE 4-Repealed
           _______________
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details