Pt 1 Div. 2 (Heading and ss 10, 11) amended by Nos 57/1989 s. 3(Sch. item 67.6), 64/1990 s. 17, repealed by No. 69/2009 s. 5. * * * * * Division 3—Prisoners No. 3674 s. 12. S. 12 amended by Nos 6651 s. 58(a)(b), 7705 s. 10, 10257 s. 84(a), 16/1986 s. 30, 110/1986 s. 140(2), 57/1989 s. 3(Sch. item 67.7), 4/1997 s. 4(1), 45/2001 s. 41(1), 48/2006 s. 42(Sch. item 13.1), 77/2008 s. 129(Sch. 2 item 9.1). 12 Prisoner may be brought before court to give evidence without writ of habeas corpus Any person in custody in any gaol police gaol prison penal establishment youth justice centre or remand centre for any cause or in the custody of the sheriff his deputy or any of his officers for any cause may upon an order in writing (in the form or to the effect in the Second Schedule) made as hereinafter provided be brought before, or be brought to another place specified in the order where facilities exist to enable the person (by audio or audio visual link within the meaning of Part IIA) to appear before, any court judge or person acting judicially or person authorized to take the examination of witnesses under Division one of this Part to give evidence in or upon any legal proceedings without a writ of habeas corpus; and every such person is to be returned in due course to the place from which he or she was brought, unless released from custody according to law. Where such proceedings are to take place before any court of which there is a judge appointed and
(a) produce in a court any document received by the person body or member in relation to the proposed application for legal aid; or S. 21E(1)(b) amended by No. 18/2005 s. 18(Sch. 1 item 40.3). (b) communicate or permit to be communicated except to a private law practice or private legal practitioner acting for the applicant or give in evidence in a court any information received by the person body or member in relation to the proposed application for legal aid. (2) A court shall not have power to compel any such person or member to produce any such document or communicate or give in evidence any such information unless the applicant has consented to that production or communication or to the giving of that evidence. (3) In this section, proposed application for legal aid means an application proposed to be made— (a) to a legal aid body for legal aid; or S. 21E(3)(b) substituted by No. 48/1995 s. 11(4)(b). (b) to Victoria Legal Aid for legal assistance under the Legal Aid Act 1978. S. 21F inserted by No. 10074 s. 4(1). 21F Disclosure of information etc. relating to applications (1) A member of a legal aid body shall not without the consent of the applicant— (a) produce in a court any document received by the body or member in relation to an application made to the body for legal aid; or S. 21F(1)(b) amended by No. 18/2005 s. 18(Sch. 1 item 40.3). (b) communicate or permit to be communicated except to a private law practice or private legal practitioner acting for the applicant or give in evidence in a court any information received by the body or member in relation
Pt 1 Div. 8 (Heading and ss 21K–21N) inserted by No. 42/1987 s. 4(1), amended by No. 57/1990 s. 8(1)(a). Division 8—Dispute settlement centres S. 21K inserted by No. 42/1987 s. 4(1), amended by No. 57/1990 s. 8(1)(b)(c). 21K Definitions In this Division— dispute settlement centre means an organisation declared by Order of the Governor in Council to be a dispute settlement centre; S. 21K def. of mediator amended by No. 46/1998 s. 7(Sch. 1). mediator means a person who is declared, by notice by the Secretary to the Department of Justice published in the Government Gazette, to be a mediator. S. 21L inserted by No. 42/1987 s. 4(1), amended by No. 57/1990 s. 8(1)(b)(c). 21L Admissions etc. at mediation conferences Evidence of anything said or of any admission or agreement made at, or of any document prepared for the purpose of, a conference with a mediator in connection with a dispute settlement centre is not admissible in any court or legal proceeding, except with the consent of all persons who were present at that conference. S. 21M inserted by No. 42/1987 s. 4(1), amended by No. 57/1990 s. 8(1)(b)(c). 21M Confidentiality (1) A person who is or has been— (a) a mediator; or (b) a member or employee of a dispute settlement centre; or (c) a person working with or for a dispute settlement centre (whether or not for fee or reward)— shall not communicate to any other person or publish any information or document acquired by
operative's real name) or code used to identify the operative in the proceeding; criminal activity means conduct that involves the commission of an offence by one or more persons; false representation does not include a representation made under an authority under— (a) the Crimes (Assumed Identities) Act 2004; or (b) the Crimes (Controlled Operations) Act 2004; interstate court means a court of another jurisdiction; interstate operative means a person in respect of whom an interstate witness identity protection certificate is in force; interstate proceeding means a proceeding in another jurisdiction; interstate witness identity protection certificate means a certificate given under a provision of a corresponding law that corresponds to section 42BB; investigation means an investigation in relation to criminal activity, including an investigation extending beyond this jurisdiction; jurisdiction means the Commonwealth or a State or Territory of the Commonwealth; law enforcement agency means the following agencies—
S. 42R(1) amended by No. 68/2009 s. 97(Sch. item 54.41). (1) An accused appearing before a court by audio visual link must do so from a place at which the technical requirements specified— (a) in section 42G(1), as modified by subsection (2) of this section; and (b) in subsection (3)— are met. S. 42R(2) amended by No. 68/2009 s. 97(Sch. item 54.42). (2) Section 42G(1)(a)(i) applies as if the reference to the person appearing before the court or giving the evidence or making the submission included a reference to the accused entering a plea to a charge. S. 42R(3) amended by No. 68/2009 s. 97(Sch. item 54.43). (3) Both the court point and the remote point must be equipped with facilities that, in accordance with any rules of court, enable private communication to take place (at any time during the hearing or any adjournment of the hearing or at any time on the day of a hearing shortly before or after the hearing) between the accused and any legal practitioner at the court point representing him or her in the proceeding and documents to be transmitted between both points by those persons. S. 42S inserted by No. 4/1997 s. 3, amended by No. 68/2009 s. 97(Sch. item 54.44). 42S Protection of communication between accused and legal representative Without limiting any other protection applying to it, a communication by audio link or audio visual link, or a document transmitted, between an accused and his or her legal representative in accordance with this Part is as confidential and as inadmissible in any proceeding as it would be if the communication took place or the document was produced while they were in each other's presence.
(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 by No. 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);
become wholly or partially invalid or that such document or the seal stamp or the impression of the seal or stamp or the signature thereon or thereto has been fraudulently altered— shall be guilty of an indictable offence and be liable to imprisonment for a term of not more than five years. No. 3674 s. 135. S. 143 amended by Nos 9576 s. 11(1), 9945 s. 3(3)(Sch. 2 item 16), 69/2009 s. 29(2). 143 Printing or using documents falsely purporting to be printed by government printer an indictable offence Any person who prints any document whatsoever which falsely purports to be a document such as is mentioned or referred to in any provision of this Act, or the Evidence Act 2008, as a document which might or should be printed by a government printer or as a document which might or would be admitted in evidence if printed by a government printer or who without full disclosure tenders in evidence or otherwise uses any such document knowing the same is not printed as it falsely purports to be shall be guilty of an indictable offence and be liable to imprisonment for a term of not more than five years. No. 3674 s. 136. S. 144 amended by Nos 9576 s. 11(1), 9945 s. 3(3)(Sch. 2 item 16), 7/2009 s. 435(7) (as amended by No. 68/2009 s. 54(u)). 144 Giving false certificates an indictable offence Any officer or person authorized required or permitted by any provision of this Act to furnish any copies extracts or transcripts who wilfully certifies or delivers any document as being a true copy extract or transcript knowing that the same is not a true copy extract or transcript (as the case may be) shall be guilty of an offence and be liable to imprisonment for a term of not more than two years. No. 3674 s. 137. 145 Interpretation provisions to apply to this Part In order to ascertain for the purposes of this Part the meaning of any provision in any other Part any
Assent Date: 9.5.89 Commencement Date: Sch. 2 items 41.1–41.5 on 1.11.89: Government Gazette 1.11.89 p. 2798 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 County Court (Amendment) Act 1989, No. 19/1989 Assent Date: 16.5.89 Commencement Date: 1.8.89: Government Gazette 26.7.89 p. 1858 : All of Act in operation Magistrates' Court Act 1989, No. 51/1989 (as amended by No. 34/1990) Assent Date: 14.6.89 Commencement Date: S. 144(2) on 1.9.90: Government Gazette 25.7.90 p. 2216 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 Assent Date: 14.6.89 Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 : All of Act in operation Courts (Children's and Magistrates') Act 1990, No. 34/1990 Assent Date: 13.6.90 Commencement Date: S. 6 on 1.9.90: Government Gazette 25.7.90 p. 2216 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Evidence (Amendment) Act 1990, No. 57/1990 Assent Date: 13.11.90 Commencement Date: Ss 8–10 on 12.12.90: Special Gazette (No. 63) 11.12.90 p. 1; rest of Act on 1.6.91: Government Gazette 29.5.91 p. 1386 : All of Act in operation Courts (Amendment) Act 1990, No. 64/1990 Assent Date: 20.11.90 Commencement Date: S. 17 on 1.1.91: Government Gazette 19.12.90 p. 3750 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 State Bank (Succession of Commonwealth Bank) Act 1990, No. 94/1990
Assent Date: 16.12.97 Commencement Date: S. 49(Sch. item 2) on 16.12.97: s. 2(1) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Confiscation Act 1997, No. 108/1997 Assent Date: 23.12.97 Commencement Date: S. 153 on 1.7.98: Government Gazette 18.6.98 p. 1512 : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Evidence (Confidential Communications) Act 1998, No. 21/1998 Assent Date: 5.5.98 Commencement Date: Ss 1–3 on 5.5.98: s. 2(1); ss 4, 5 on 1.9.98: s. 2(3) : All of Act in operation Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Crimes, Confiscation and Evidence Acts (Amendment) Act 1998, No. 80/1998 Assent Date: 13.11.98 Commencement Date: Pt 4 (s. 6) on 20.10.98: s. 2(3) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Magistrates' Court (Amendment) Act 1999, No. 10/1999 Assent Date: 11.5.99 Commencement Date: S. 8(6) on 1.7.99: s. 2(2) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Surveillance Devices Act 1999, No. 21/1999 Assent Date: 18.5.99 Commencement Date: S. 40 on 1.1.00: s. 2(3) : This information relates only to the provision/s amending the Evidence (Miscellaneous Provisions) Act 1958 Dental Practice Act 1999, No. 26/1999