S. 21D def. of legal aid body amended by Nos 48/1995 s. 11(4)(a)(ii), 18/2005 s. 18(Sch. 1 item 40.2(c)). legal aid body means a body of persons whether corporate or unincorporate the sole or principal function of which is the provision of legal aid, but does not include a private law practice or Victoria Legal Aid; S. 21D def. of Legal Aid Commission repealed by No. 48/1995 s. 11(4)(a)(iii). * * * * * member of a legal aid body means any member of a legal aid body, any employee of a legal aid body and any person working with or for a legal aid body (whether or not for fee or reward); S. 21D def. of private law practice inserted by No. 18/2005 s. 18(Sch. 1 item 40.2(a)). private law practice has the same meaning as in the Legal Aid Act 1978; S. 21D def. of private legal practitioner inserted by No. 18/2005 s. 18(Sch. 1 item 40.2(a)). private legal practitioner has the same meaning as in the Legal Aid Act 1978; S. 21D def. of private practitioner substituted by No. 35/1996 s. 453(Sch. 1 item 29.1), amended by No. 102/1997 s. 49(Sch. item 2.1), repealed by No. 18/2005 s. 18(Sch. 1 item 40.2(d)). * * * * *
S. 27 amended by No. 9230 s. 6, repealed by No. 69/2009 s. 8(1). * * * * * Nos 3674 s. 28, 5183 s. 7. S. 28 (Heading) inserted by No. 69/2009 s. 8(2). 28 Confessions to doctors S. 28(1) amended by No. 7418 s. 2(a), repealed by No. 69/2009 s. 8(3). * * * * * S. 28(2) amended by Nos 7418 s. 2(b), 10074 s. 6(a), 83/1987 s. 105, 67/2013 s. 649(Sch. 9 item 18(a)). (2) No physician or surgeon shall without the consent of his patient divulge in any civil suit action or proceeding any information which he has acquired in attending the patient and which was necessary to enable him to prescribe or act for the patient. S. 28(3) inserted by No. 7418 s. 2(c), substituted by No. 10074 s. 6(b). (3) Where a patient has died, no physician or surgeon shall without the consent of the legal personal representative or spouse of the deceased patient or a child of the deceased patient divulge in any civil suit action or proceeding any information which the physician or surgeon has acquired in attending the patient and which was necessary to enable the physician or surgeon to prescribe or act for the patient. S. 28(4) inserted by No. 10074 s. 6(b). (4) Subsection (3) shall cease to have any application to or in relation to any civil suit action or proceeding at and from the time at which there is no legal personal representative spouse or child of the deceased patient.
(b) a participant in an authorised operation under the Crimes (Controlled Operations) Act 2004; S. 42BA(1) def. of member repealed by No. 37/2014 s. 10(Sch. item 59.4(b)). * * * * * party to a proceeding, means— (a) for a criminal proceeding—the prosecutor and each accused person; or (b) for a civil proceeding—each person who is a party to the proceeding; or (c) for any other proceeding—each person who may appear or give evidence in the proceeding; presiding officer in relation to a proceeding, means the person constituting the court, or presiding over the court, in the proceeding; proceeding means any criminal, civil or other proceeding or inquiry, reference or examination in which by law or consent of parties evidence is or may be given, and includes an arbitration; S. 42BA(1) def. of professional misconduct amended by No. 37/2014 s. 10(Sch. item 59.4(c)). professional misconduct means misconduct or a breach of discipline under— (a) the Victoria Police Act 2013; or (b) a law of another jurisdiction that corresponds to the Victoria Police Act 2013; or (c) a law of the Commonwealth that governs the conduct of members of
S. 42BR(2) amended by No. 68/2009 s. 97(Sch. item 54.18). (2) The court must (unless it considers it inappropriate) direct the jury not to give the interstate operative's evidence any more or less weight, or draw any adverse inferences against the accused or another party to the proceeding, because— (a) there is an interstate witness identity protection certificate for the interstate operative; or (b) the court has made an order under section 42BN or section 42BQ. S. 42BS inserted by No. 60/2004 s. 3. 42BS Disclosure offences (1) A person commits an offence if— (a) an interstate witness identity protection certificate for an interstate operative has been given; and (b) the person knows that, or is reckless as to whether, the certificate has been given; and (c) the person intentionally, knowingly or recklessly does something (the disclosure action) that discloses, or is likely to lead to the disclosure of, the interstate operative's identity or where the interstate operative lives; and (d) the person knows that, or is reckless as to whether, the certificate had not been cancelled under a corresponding law before the person does the disclosure action; and (e) the person knows that, or is reckless as to whether, the disclosure action is not— (i) authorised by leave or an order under section 42BP; or (ii) authorised or permitted under a corresponding law.
S. 42C inserted by No. 4/1997 s. 3. 42C Definitions In this Part— S. 42C def. of accused person substituted as accused by No. 68/2009 s. 97(Sch. item 54.19(a)). accused has the same meaning as in the Criminal Procedure Act 2009; S. 42C def. of appear inserted by No. 68/2009 s. 97(Sch. item 54.19(d)). appear includes attend; appropriate persons means persons that the court considers to be appropriate in the particular case; audio link means facilities (including telephone) that enable audio communication between persons at different places; audio visual link means facilities (including closed-circuit television) that enable audio and visual communication between persons at different places; S. 42C def. of child amended by Nos 72/2004 s. 41, 48/2006 s. 42(Sch. item 13.2), 68/2009 s. 97(Sch. item 54.19(b)). child means— (a) in the case of a person who— (i) has been taken into custody for an offence and is required to be brought before the Children's Court; or (ii) is a party to a proceeding in the Children's Court; or
S. 42M (Heading) inserted by No. 38/2016 s. 6(1). S. 42M inserted by No. 4/1997 s. 3. 42M Making of direction for audio visual appearance in section 42JA(2) or 42K(2) proceedings S. 42M(1) amended by Nos 68/2009 s. 97(Sch. item 54.33), 38/2016 s. 6(2). (1) A court may direct that an accused appear before it by audio visual link in a proceeding in which, by virtue of section 42JA(2) or 42K(2), physical appearance would otherwise be required if it is satisfied, on an application made in accordance with this section, that— (a) appearance by audio visual link is consistent with the interests of justice; and (b) is reasonably practicable in the circumstances. (2) Unless an application for the making of a direction referred to in subsection (1) is made with the consent of all parties to the proceeding, the court may only grant such an application if satisfied that exceptional circumstances exist. S. 42M(3) amended by No. 68/2009 s. 97(Sch. item 54.34). (3) An application for a direction referred to in subsection (1) may be made by or on behalf of the accused or the prosecution at any time up to 14 days before the day on which the accused is due to appear or any shorter period before that day that is fixed by the court because of the existence of a good and sufficient reason. (4) An application is made by filing with the court a notice in the form (if any) prescribed by rules of court and stating the grounds on which it is made and serving a copy on any other party in accordance with any rules of court.
(a) as if a reference to a civil proceeding were a reference to a proceeding in the Tribunal; and (b) a reference to the court were a reference to the Tribunal. S. 89E inserted by No. 53/2006 s. 4. 89E Operation of Public Records Act 1973 Nothing in this Division affects the operation of the Public Records Act 1973. S. 89F inserted by No. 69/2009 s. 25. 89F Division to be in addition to Evidence Act 2008 This Division applies in relation to any civil proceeding in addition to any provision of the Evidence Act 2008 that applies in relation to that proceeding. Pt 3 Div. 10 (Heading and ss 98A–98C) inserted by No. 7366 s. 4, repealed by No. 8228 s. 5(2). * * * * * Pt 3A (Heading and ss 90, 91) inserted by No. 74/1993 s. 3, amended by No. 75/2005 s. 49(Sch. 4 item 1), repealed by No. 69/2009 s. 26. * * * * * Division 1—Introductory
(m) a member or former member of either House of the Parliament of the Commonwealth; (n) a councillor of a municipality; S. 107A(1)(o) substituted by No. 125/1993 s. 20(4)(b). (o) a senior officer of a Council as defined in the Local Government Act 1989; S. 107A(1)(p) amended by Nos 23/1994 s. 118(Sch. 1 item 20.2), 97/2005 s. 182(Sch. 4 item 19.3), substituted by No. 13/2010 s. 51(Sch. item 22.2(a)). (p) a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); S. 107A(1)(q) substituted by No. 26/1999 s. 107(Sch. item 3), amended by No. 97/2005 s. 182(Sch. 4 item 19.4), substituted by No. 13/2010 s. 51(Sch. item 22.2(a)). (q) a person registered under the Health Practitioner Regulation National Law— (i) to practise in the dental profession as a dentist (other than as a student); and (ii) in the dentists division of that profession; S. 107A(1)(r) amended by No. 58/1997 s. 96(Sch. item 4), substituted by No. 55/2014 s. 172(b). (r) a registered veterinary practitioner within the meaning of the Veterinary Practice Act 1997; S. 107A(1)(s) substituted 13/2010 s. 51(Sch. item 22.2(b)). (s) a person registered under the Health Practitioner Regulation National Law to practise in the pharmacy profession (other than as a student);
No. 5877 s. 2 [126]. S. 134 amended by Nos 8752 s. 6(1)(e), 9156 s. 3(2)(d), 100/1995 s. 23(3)(a)–(c). 134 Persons recording evidence under this Part to be officers of the court Every person recording any evidence pursuant to this Part shall for the time being be an officer of any court in or for which he or she is required to record the evidence and shall be under the direction of the court with regard to the performing of his or her duty in recording and transcribing or causing to be transcribed such evidence. No. 5877 s. 2 [127]. S. 135 amended by No. 8228 s. 6(a). 135 Records made under this Part to be received as prima facie evidence of matter therein contained S. 135(1) amended by Nos 8752 s. 6(1)(f)(i)(ii), 9156 s. 3(2)(e), substituted by No. 100/1995 s. 23(4). (1) The notes of any shorthand writer or the record made by mechanical means under this Part and the written transcript of such notes or record when certified as correct by the shorthand writer or the person recording the evidence or the person preparing the written transcript are evidence of anything recorded in the notes, record or transcript. S. 135(2) inserted by No. 8228 s. 6(b), amended by Nos 8752 s. 6(1)(f)(iii), 100/1995 s. 23(5). (2) Where it is made to appear to a court that a document contains a written transcript of the notes of a shorthand writer or of a record made under this Part by a writer or person who is dead or who is out of Victoria or who is unfit by reason of his bodily or mental condition to certify to the correctness of the transcript of the notes or record and the court is satisfied that the transcript of the notes or record is correct the court may receive the transcript as prima facie evidence of anything therein recorded.
No. 3674 s. 143. S. 151 amended by Nos 10257 s. 84(f), 57/1989 s. 3(Sch. item 67.27(a)–(c)), 68/2009 s. 97(Sch. item 54.48). 151 Abolition of extra-judicial oaths It shall not be lawful for any person to administer or cause or allow to be received any oath or affidavit touching any matter or thing whereof such person hath not jurisdiction or cognisance by or under some Act or ordinance in force. But nothing in this section shall be construed to extend to any oath solemn affirmation or affidavit before any person in any matter or thing touching the preservation of the peace, or the prosecution trial hearing or punishment of offences; or touching any proceedings before the Legislative Council or Assembly or any committee thereof; nor to any oath or affidavit which may be required by the laws of any foreign or other country out of Victoria to give validity to instruments in writing designed to be used in foreign or other countries respectively. S. 151A inserted by No. 60/2004 s. 4. 151A Supreme Court—limitation of jurisdiction It is the intention of section 42BE(1) to alter or vary section 85 of the Constitution Act 1975. S. 152 inserted by No. 7366 s. 7, amended by Nos 7705 s. 10, 7876 s. 2(3), 34/1990 s. 6(a). 152 Regulations
Assent Date: 31.5.94 Commencement Date: S. 3(Sch. 1 item 25) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Magistrates' Court (Amendment) Act 1994, No. 33/1994 Assent Date: 31.5.94 Commencement Date: S. 17(2) on 24.10.94: Government Gazette 20.10.94 p. 2789 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Public Prosecutions Act 1994, No. 43/1994 Assent Date: 7.6.94 Commencement Date: Pt 1 (ss 1–3) on 7.6.94: s. 2(1); rest of Act on 1.7.94: s. 2(3) : All of Act in operation Transport Accident (General Amendment) Act 1994, No. 84/1994 Assent Date: 29.11.94 Commencement Date: S. 62 on 18.12.94: Special Gazette (No. 96) 13.12.94 pp 1, 2 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Prostitution Control Act 1994, No. 102/1994 Assent Date: 13.12.94 Commencement Date: Ss 1, 2 on 13.12.94: s. 2(1); rest of Act on 13.6.95: s. 2(3) : All of Act in operation Legal Aid Commission (Amendment) Act 1995, No. 48/1995 Assent Date: 14.6.95 Commencement Date: S. 11(4) on 14.12.95: s. 2(3) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995 Assent Date: 5.12.95 Commencement Date: Ss 22, 23 on 5.12.95: s. 2(1) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958
Justice Legislation (Miscellaneous Amendments) Act 2006, No. 14/2006 Assent Date: 11.4.06 Commencement Date: Ss 16, 17 on 12.4.06: s. 2(1) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Children, Youth and Families (Consequential and Other Amendments) Act 2006, No. 48/2006 Assent Date: 15.8.06 Commencement Date: S. 42(Sch. item 13) on 23.4.07: s. 2(3) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Evidence (Document Unavailability) Act 2006, No. 53/2006 Assent Date: 15.8.06 Commencement Date: Ss 3–5 on 1.9.06: s. 2(2) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Crimes (Sexual Offences) (Further Amendment) Act 2006, No. 76/2006 Assent Date: 10.10.06 Commencement Date: Ss 5–8 immediately after s. 38 of the Crimes (Sexual Offences) Act 2006 i.e. 1.12.06: s. 2(2) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Justice Legislation Amendment (Sex Offences Procedure) Act 2008, No. 18/2008 Assent Date: 13.5.08 Commencement Date: Ss 9–13 on 1.7.08: s. 2(2) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008 Assent Date: 3.6.08 Commencement Date: S. 78 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Family Violence Protection Act 2008, No. 52/2008 Assent Date: 23.9.08 Commencement Date: Ss 243, 244 on 8.12.08: Special Gazette (No. 339) 4.12.08 p. 1 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958