- Evidence Bill 2024 introduced into State Parliament, bringing evidence law in WA into line with best practice
- Introduces important reforms to better support children, family violence victims and other witnesses giving evidence
- Allows video or audio recorded statements taken by police at the scene to be used as evidence in court, reducing the need for complainants to have to give evidence in court
Landmark reforms to Western Australia’s century-old evidence laws will be introduced into State Parliament today.
The Evidence Bill will repeal the Evidence Act 1906 and replace it with a modern Act that introduces a version of Uniform Evidence Law, bringing Western Australia into line with most other Australian jurisdictions.
The Bill is an important part of the Cook Government’s response to family violence, making legislative changes that further protect and support victims of family violence during court proceedings.
The evidence reforms will:
- extend the ability for expert evidence to be given to address stereotypes, myths and misconceptions of FDV to civil cases;
- make audio and/or visual recorded statements, such as those captured by police body-worn cameras, admissible as a complainant’s evidence in chief in certain circumstances;
- codify areas of impermissible cross examination of witnesses, such as questioning that is harassing, intimidating, offensive, oppressive or humiliating;
- provide that family violence complainants in superior courts will be automatically considered special witnesses, meaning the victim-survivor may be able to access modifications and supports where appropriate (e.g. support persons, support animals, communications partners);
- introduce witness assistance measures, including a witness intermediaries service, to support certain witnesses to give evidence to the court. This was a recommendation of the Royal Commission intoInstitutional Responses to Child Sexual Abuse and brings WA into line with other jurisdictions; and
- prohibition of the ‘Longman direction’, which is currently required to be given about the potential impact of the passage of time on the reliability of evidence, often to the detriment of complainants in historical sexual and family violence offence matters.
The Bill substantially aligns with the Uniform Evidence Law, making the law more easily accessible and comprehensible, and reduces complexity in court proceedings. The Bill retains and updates some of the WA provisions currently in the Evidence Act 1906 where those provisions are considered best practice.
As stated by Attorney General John Quigley:
“This important and complex piece of legislation modernises and updates the laws regarding evidence in WA. It represents the most significant reform to Western Australia’s evidence law in more than 100 years.
“Itgoes a significant way tobringingthe scales of justice into equilibrium so thatthey areno longer weighted against the victim during court proceedings.
“They will make the law more easily accessible and reduce complexity in court proceedings by, for example, ensuring there is one set of evidence laws which will apply in WA State courts and courts in WA exercising federal jurisdiction.
“The reforms will make it easier for evidence of family violence to be introduced in criminal trials and introduce jury directions designed to counter misconceptions about family violence.”
As stated by Prevention of Family and Domestic Violence Minister Sabine Winton:
“These reforms are another strong example of the Cook Government’s commitment to ensuring our laws prioritise the safety of Western Australian victim-survivors.
“They will support victim-survivors of family violence during court proceedings, which can be an overwhelming and retraumatising experience.
“The reforms also support family violence and child sexual abuse victim-survivors by increasing the opportunity for them to access other witness assistance measures, such as the use of a support person or support animal.
“Our Government will continue to work hard to ensure systems put the needs of victim-survivors first.”
