Evidence - Recommendations for Implementation

1. Except as provided for in the following recommendations, the Victorian UEA should be drafted to mirror the current provisions of the Evidence Act 1995 (Cth) and Evidence Act 1995 (NSW), amended in accordance with the recommendations of the joint Final Report.

2. Section 2 of the Victorian UEA should be drafted as follows:

2. Commencement

(1) This part and the Dictionary at the end of this Act commence on the date of assent.

(2) The remaining provisions of this Act commence on a day or days to be appointed by proclamation.

3. Section 3 of the Victorian UEA should be drafted as follows:

3. Definitions

(1) Expressions used in this Act (or in particular provisions of this Act) that are defined in the Dictionary at the end of this Act have the meaning given to them in the Dictionary.

(2) * * * *

(3) * * * *

Note: The Commonwealth and NSW Acts contain additional provisions regarding interpretation which are unnecessary in Victoria due to provisions of the Interpretation of Legislation Act 1984.

4. Section 4 of the Victorian UEA should be drafted as follows:

4. Courts and proceedings to which Act applies:

(1) This Act applies in relation to all proceedings in a Victorian court, including proceedings that:

(a) relate to bail; or

(b) are interlocutory proceedings or proceedings of a similar kind; or

(d) subject to subsection (2), relate to sentencing.

(2) If such a proceeding relates to sentencing:

(a) this Act applies only if the court directs that the law of evidence applies in the proceeding; and

(b) if the court specifies in the direction that the law of evidence applies only in relation to specified matters—the direction has effect accordingly.

(3) The court must make a direction if:

(a) a party to the proceeding applies for such a direction in relation to the proof of a fact; and

(b) in the court’s opinion, the proceeding involves proof of that fact, and that fact is or will be significant in determining a sentence to be imposed in the proceeding.

(4) The court must make a direction if the court considers it appropriate to make such a direction in the interests of justice.

(5) In this section, proceedings that relate to sentencing include proceedings for orders under Part 4 of the Sentencing Act 1991.

Note 1: Section 4 of the Commonwealth and NSW Acts differ from this section. They apply their Acts to proceedings in federal and Australian Capital Territory and New South Wales courts respectively.

Note 2: Victorian court is defined in the Dictionary. The definition includes persons or bodies other than courts required to apply the laws of evidence.

Note 3: Provisions in other Victorian Acts which relieve courts from the obligation to apply the rules of evidence in certain proceedings are preserved by section 8 of this Act. They include:

section 44 Accident Compensation Act 1985;
Section 8 Bail Act 1977 (which deals with applications for bail);
section 82 Children and Young Persons Act 1989;
sections 8(6) and 13 Crimes (Family Violence) Act 1987;
sections 11 and 38 Crimes (Mental Impairment and Unfitness to be Tried) Act 1997;
section 127 Electoral Act 2002.

5. Notes should be incorporated into the Victorian UEA as follows:

5. Extended application of certain provisions

Note: The Evidence Act 1995 (Cth) includes a provision that extends the application of specified provisions of that Act to proceedings in all Australian courts.

6. Territories

Note: The Evidence Act 1995 (Cth) includes a provision extending that Act to each external territory.

6. Section 7 of the Victorian UEA should be drafted as follows:

7. Act binds Crown

This Act binds the Crown in right of Victoria and also, so far as the legislative power of the Parliament permits, in all its other capacities.

7. Section 8 of the Victorian UEA should be drafted as follows:

8. Operation of other Acts

(1) This Act does not affect the operation of the provisions of any other Act.

Note: The Commonwealth Act includes additional subsections relating to regulations, the operation of the Corporations Act 2001 (Cth) and the Australian Securities and Investments Commission Act 2001 (Cth) and certain laws in force in the Australian Capital Territory.

8. Section 9 of the Victorian UEA should be drafted as follows:

9. Effect of Act on other laws

(1) This Act does not affect the operation of a principle or rule of common law or equity in relation to evidence in a proceeding to which this Act applies, except so far as this Act provides otherwise expressly or by necessary intendment.

(2) Without limiting subsection (1), this Act does not affect the operation of such a principle or rule so far as it relates to any of the following:

(a) admission or use of evidence of reasons for a decision of a member of a jury, or of the deliberations of a member of a jury in relation to such a decision, in a proceeding by way of appeal from a judgment, decree, order or sentence of the relevant court; or

(b) the operation of a legal or evidential presumption that is not inconsistent with this Act;

9. No exception should be made to the application of section 18 of the Victorian UEA in criminal proceedings.

10. Section 19 of the Victorian UEA should contain a note referring to the different provision in other UEA jurisdictions.

11. Section 41 of the Victorian UEA should be enacted in the following terms:

41. Improper questions

improper question or questioning means a question or sequence of questions that is unfair to the witness because it is:

(a) misleading, confusing;

(b) unnecessarily repetitive; or

(d) put to the witness in a manner or tone that is inappropriate (including because it is humiliating, belittling or otherwise insulting), or has no basis other than a sexual, racial, cultural or ethnic stereotype.

(2) The court must disallow an improper question or questioning put to a vulnerable witness in cross-examination, or inform the witness that it need not be answered unless the court is satisfied that it is necessary in the circumstances that the question be put.

vulnerable witness means

(a) a person under the age of 18; or

(b) a person with a cognitive impairment or intellectual disability; and

includes any other person rendered vulnerable by reason of:

(d) the mental, physical or intellectual capacity of the witness;

(e) the relationship between the witness and any party to the proceedings; or

(f) the nature of the offence.

12. Section 104 of the Victorian UEA should be drafted in the same terms as recommended in the joint Final Report.

13. The Victorian UEA should include a professional confidential relationships privilege in Part 3.10, Division 1A in the form set out in the joint Final Report.

14. The Victorian UEA should include a sexual assault counselling privilege in Part 3.10, Division 1B, as drafted in accordance with the recommendations of the joint Final Report with the modifications appearing in Appendix 1.

15. Section 128 of the Victorian UEA should be drafted in accordance with section 128 of the Evidence Act 1995 (NSW), incorporating the amendments recommended by the joint Final Report with the following differences:

‘Victorian court’ be substituted for ‘NSW court’;
‘Victorian court’ be defined for the purposes of section 128 as ‘a Victorian court, or a person or body authorised by a Victorian law, or by consent of the parties, to hear, receive and examine evidence’.

16. The Victorian Government request that section 128 of the Victorian UEA be declared by Commonwealth regulation to be a prescribed provision for the purposes of section 128(10) of the Evidence Act 1995 (Cth), pursuant to section 128(11) of the Evidence Act 1995 (Cth).

17. The Victorian UEA should include sections 128A and 128B in the terms set out in Appendix 2.

18. Section 129(5) of the Victorian UEA should be drafted as follows:

(5) This section does not apply in a proceeding that is:

(a) a prosecution for one or more of the following offences:

(i) attempting to pervert the course of justice;

(ii) subornation of perjury;

(iii) embracery, bribery of public official, misconduct in public office;

(iv) section 52A Summary Offences Act 1966;

(v) sections 66 or 78 Juries Act 2000;

(vi) an offence connected with an offence mentioned in subparagraph (i), (ii), (iii), (iv) or (v), including an offence of conspiring to commit such an offence.

(b) in respect of contempt of court, or

(d) by way of review of an arbitral award, or

(e) a civil proceeding in respect of an act of a judicial officer or arbitrator that was, and that was known at the time by the judicial officer or arbitrator to be, outside the scope of the matters in relation to which the judicial officer or arbitrator had authority to act.

Note: Subsection (5)(a) differs from section 129(5)(a) of the Commonwealth, NSW and Tasmanian Acts.

19. The Victorian UEA should be drafted to include the following provisions:

Division 3A—Extension of Privilege

131A. Extension of privilege provisions

If:

(a) a person is required by a disclosure requirement to give information or produce a document which would result in the disclosure of a communication, document or information of a kind referred to in Divisions 1, 1A or 3 of Part 3.10, and

(b) that person objects to giving that information or providing that document,

the objection shall be considered and determined by the relevant court by the application of the provisions of Part 3.10, excluding section 123, with any necessary modifications.

disclosure requirement means any court process or order requiring the disclosure of information and includes:

(a) a subpoena to produce documents;

(b) pre-trial discovery;

(d) interrogatories;

(e) notices to produce;

(f) search warrants;

(g) requests to produce documents under Division 1 of Part 4.6.

20. Provisions be inserted in Part 4, Division 3, sub-division 5 of the Magistrates’ Court Act 1989 reflecting the established protocols and practices relating to claims for privilege in relation to search warrants including:

a form of warrant which advises of the right to claim privilege and how to do so;
the option of informal preliminary determination of privilege claims by an independent arbitrator;
the return of documents over which there is a disputed privilege claim in a sealed envelope or box to the relevant court for determination; and
time limits for application to be made to the court for determination of the privilege claim.

21. Consideration should be given to the adoption of appropriate UEA privilege provisions in Acts investing bodies or persons with compulsory disclosure powers.

22. Section 143 of the Victorian UEA should be in the same form as section 143 of the Evidence Act 1995 (NSW).

23. Section 150 of the Victorian UEA should be in the same form as section 150 of the Evidence Act 1995 (NSW) and include a note under section 151 as appears in that Act.

24. The Victorian UEA, under the heading ‘155A Evidence of Commonwealth documents’, should contain a note to the effect that the Commonwealth Act includes a provision relating to evidence of Commonwealth documents and that section 5 of the Evidence Act 1995 (Cth) extends the operation of section 155A to all Australian courts.

25. The Victorian UEA, under the heading ‘163 Proof of letters having been sent by Commonwealth agencies’, should contain a note to the effect that the Commonwealth Act includes a provision relating to proof of letters having been sent by Commonwealth agencies and that section 5 of the Evidence Act 1995 (Cth) extends the operation of section 163 of that Act to all Australian courts.

26. Sections 165, 165A and 165B of the Victorian UEA should be in the form recommended in the joint Final Report.

27. Section 171 of the Victorian UEA should contain the following definition of ‘authorised person’ in subsection 3:

(3) In this section:

authorised person means:

(a) a person before whom an affidavit may be taken or made in a country or place outside the state under section 124 of the Evidence Act 1958, or

(b) a member of the police force above the rank of sergeant, or

28. The Victorian UEA, under the heading ‘182 Application of certain sections in relation to Commonwealth records’ should contain a note to the effect that the Evidence Act 1995 (Cth) includes a provision that extends the operation of certain provisions of the Commonwealth Act to all Australian courts in relation to Commonwealth records.

29. The Victorian UEA, under the heading ‘185 Faith and credit to be given to documents properly authenticated’ should include a note to the effect that the Evidence Act 1995 (Cth) includes a provision requiring full faith and credit to be given to the public acts, records and judicial proceedings of a state or territory by every court.

30. Section 186 of the Victorian UEA should be drafted as follows:

186. Swearing of affidavits for use in Victorian courts

Affidavits for use in a Victorian court may be sworn and taken before any person, and in the manner authorised by the Evidence Act 1958 for that purpose.

Note 1: Sections 112, 123C, 124, 125, 126, 126A of the Evidence Act 1958 relate to swearing affidavits.

Note 2: The Commonwealth Act includes a provision about swearing affidavits before justices of the peace, notaries public and lawyers for use in court proceedings involving the exercise of federal jurisdiction and in courts of a territory.

31. Section 187 of the Victorian UEA should be enacted in the same form as section 187 of the Evidence Act 1995 (NSW).

32. Section 194 of the Victorian UEA should be drafted as follows:

194. Witness failing to attend proceedings

(1) If a witness fails to appear when called in any civil or criminal proceedings and it is proved that he or she had been:

(a) bound over to appear; or

(b) duly bound by recognisance or undertaking to appear;

(c) served with a summons or subpoena to attend and a reasonable sum of money has been provided to the witness for the costs and expense in that behalf,

the court may:

(d) issue a warrant to apprehend the witness and bring him or her before the court;

(e) order the witness to pay a fine of not more than 5 penalty units, but no such fine shall exempt such person from any other proceedings for disobeying such subpoena or summons;

(f) take such other action against the witness as is permitted by law.

(2) Where a subpoena or summons has been issued for the attendance of a witness on the hearing of a civil or criminal proceeding and it is proved, on application by the party seeking to compel his or her attendance, that the witness:

(a) is avoiding service thereof; or

(b) has been duly served, but is unlikely to comply with such subpoena or summons;

the court may issue a warrant to apprehend the witness and bring him or her before the court.

(3) The court issuing a warrant under this section may endorse the warrant with a direction that the person must, on arrest, be released on bail as specified in the endorsement.

(4) An endorsement under subsection (4) must fix the amounts in which the principal and the sureties, if any, are bound and the amount of any money or the value of any security to be deposited.

(5) The person to whom a warrant to arrest is directed must cause the person named or described in the warrant when arrested

(a) to be released on bail in accordance with any endorsement on the warrant; or

(b) if there is no endorsement on the warrant, to be brought before the court which issued the warrant; or

(6) Matters may be proved under this section orally or by affidavit.

Note: This section differs from the NSW Act and Tasmanian Act. The Commonwealth Act does not include an equivalent provision.

33. Section 195 of the Victorian UEA should be drafted in terms similar to section 195 of the Evidence Act 1995 (NSW).

34. The Victorian UEA should not contain an equivalent to section 196 of the Evidence Act 1995 (NSW).

35. The following definitions should be included in the Dictionary of the Victorian UEA:

Victorian court means:

(a) the Supreme Court, or

(b) any other court created by parliament,

and includes any person or body (other than a court) that, in exercising a function under the law of the state, is required to apply the laws of evidence.

Governor of a State includes any person for the time being administering the government of a state.

Governor-General means Governor-General of the Commonwealth and includes any person for the time being administering the government of the Commonwealth.

36. The following definitions from other uniform Evidence Acts be excluded from the Victorian Act with referencing notes:

ACT court, federal court, NSW court, Tasmanian court

37. Upon the enactment of Victorian UEA, the following provisions of the Evidence Act 1958 be repealed:

Sections 5, 10, 11, 13, 22, 23, 23A, 24, 25, 26, 27, 28, 29, 31, 32, 32A, 32B, 32C, 32D, 32E, 32F, 32G, 33, 34, 35, 36, 37, 38, 39, 40, 41, 41B*, 41C*, 41F*, 42A, 42B, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 53A, 53B, 53C, 53D, 53E, 53F, 53G, 53H, 53J, 53K, 53L, 53M, 53N, 53P, 53R, 53S, 53T, 54, 55, 55A, 55AB, 55AC, 55B, 55C, 55D, 56, 57, 58, 58A, 58B, 58C, 58D, 58E, 58F, 58G, 58H, 58I, 58J, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 73, 74, 75, 75A, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 99, 101, 102, 103, 104, 145, 146, 147, 148, 149, 149A, 149AB, 149B, 149C, 150, Schedule 3.

38. Upon the enactment of a Victorian UEA the following provisions of the Evidence Act 1958 be repealed and re-enacted as indicated:

section 12 (gaol orders) and Schedule 2 (form of order) to the Corrections Act 1986;
sections 21D–21H to the Legal Aid Act 1978;
sections 37A–37E, 41A*, 41D*, 41E*, 41G*,41H*,42, 142–143; 152(1); 152(2)(aa) to the Crimes Act 1958, or one of the new Crimes Acts;
section 53Q (records may be preserved on microfilm) to the Electronic Transactions (Victoria) Act 2001;
section 72 (certified copies of maps) to the Survey Co-ordination Act 1958.

39. The Department of Justice should consider a review of all sections in Victorian Acts which provide that evidence of things said at, or documents prepared in connection with, mediation or other alternative dispute resolution mechanisms are not admissible in legal proceedings.

40. The definition of family mediator in section 21I of the Evidence Act 1958 (or any equivalent re-enacted section) be amended to refer to the persons listed in section 19N(1) of the Family Law Act 1975 (Cth).

41. Section 21J of the Evidence Act 1958 (or any equivalent re-enacted section) be amended to provide that the section does not apply to:

an admission by an adult that indicates that a child has been abused or is at risk of abuse; or
a disclosure by a child that indicates that the child has been abused or is at risk of abuse

unless, in the opinion of the court there is sufficient evidence of the admission or disclosure available to the court from other sources.

42. Upon enactment of a Victorian UEA and the repeal of the sections referred to in recommendation 37 and the relocation of the provisions in recommendation 38 the remaining provisions of the Evidence Act 1958 be retained in that Act or a Evidence (Miscellaneous Provisions) Act, pending relocation to the Acts listed in recommendation 43.

43. Consideration should be given to the drafting and enactment of the following Acts:

Evidence on Commission Act;
Royal Commissions Act;
Mediation Act;
Evidence (Transmission and Recording) Act;
Oaths Act.

44. Upon the enactment of the Victorian UEA, the following provisions of the Crimes Act 1958 be repealed:

sections 95(2), 395(7), 398A, 399, 400, 401, 411, 413, 415, 419.

45. Upon the enactment of the Victorian UEA, section 464J of the Crimes Act 1958 be amended to include a subsection (ba) in terms similar to section 23S(ba) of the Crimes Act 1914 (Cth).

46. Upon the enactment of the Victorian UEA, section 18 of the Crimes (Criminal Trials) Act 1999 be repealed.

47. Upon the enactment of the Victorian UEA, section 20 of the Crimes (Criminal Trials) Act 1993 be amended to provide that: ‘Nothing in this section affects the operation of sections 29 and 50 of the [Victorian UEA] or Part 2A of the Evidence Act 1958.

48. The following provisions be amended as specified in Appendix 7 on the introduction of the Victorian UEA:

Dangerous Goods Act 1985 ss 13C (Note 2) and 19G;
Equipment (Public Safety) Act 1994 ss 14B (Note 2) and 23A;
Health Records Act 2001 s 96;
Health Services (Conciliation and Review) Act 1987 s 27(10)(a);
Occupational Health and Safety Act 2004 ss 100, 155;
Terrorism (Community Protection) Act 2003 s 13ZU
Transport Accident Act 1986 s 126A;
Whistleblowers Protection Act 2001 s 10;

49. The following provisions be amended, as specified in Appendix 8 on the introduction of the Victorian UEA:

Alcoholics and Drug Dependant Persons Act 1968 s 16(5);
Children, Youth and Families Act 2005 s 200;
Emergency Services Superannuation Act 1986 s 29(5);
State Superannuation Act 1988 s 86(3);
Transport Superannuation Act 1988 s 38(3).

50. The provisions in Appendix 9 should be considered as part of a broader review of mediation provisions in Victorian legislation recommended in recommendation 39.

51. The provisions in Appendix 10 should be considered as part of the review in Recommendation 21.

52. The following provisions should be amended as specified in Appendix 11 on the introduction of a Victorian UEA:

Accident Compensation Act 1985 s 44;
Bail Act 1977 s 8;
Children and Young Persons Act 1989 s 82;
Children Youth and Families Act 2005 s 215;
Confiscation Act 1997 ss 33, 59, 64;
Crimes (Family Violence) Act 1987 s 13A;
Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ss 11, 38;
Electoral Act 2002 s 127;
Food Act 1984 ss 19, 19B, 42;
Magistrates’ Court Act 1989 ss 4G, 103(2);
Marine Act 1988 s 125;
Prostitution Control Act 1994 s80(3A);
Road Safety Act 1986 ss 12(2)(b), 15A(8)(b), 16E(3)(b), 26(2)(b), 26A(2)(b), 33(15)(b), 50(5)(a), 50AAB(6)(a), 51(10B);
Sentencing Act 1991 ss 89(3E)(a), 89B(5)(a);
Wills Act 1997 ss 22, 27.

53. The provisions in Appendix 12 should be amended as a consequence of the amendment or re-enactment of the royal commissions and boards of inquiry provisions of the Evidence Act 1958.

54. The provisions in Appendix 13 should be amended as a consequence of the amendment or re-enactment of the audiovisual provisions of the Evidence Act 1958.

55. Section 301(6) of the Water Act 1989 should be amended as specified in Appendix 14 on the introduction of a Victorian UEA.

56. The following provisions should be repealed, as specified in Appendix 14, on the introduction of a Victorian UEA:

Australian and New Zealand Banking Group Act 1970 ss 8(1)–(2), 20(1)–(2);
Australian and New Zealand Banking Group (NMRB) Act 1991 ss 10(2)–(3), 18(2)–(3), 19(2)–(3);
Bank Integration Act 1992 s 20;
Children, Youth and Families Act 2005 s 532(14)(a);
Commonwealth Games Arrangements Act 2001 s 4ZE(2);
Companies (Application of Laws) Act 1981 sch 1, cl 41;
Construction Industry Long Service Leave Act 1997 ss 38(2)–(3);
Electricity Industry (Residual Provisions) Act 1993 ss 75(2)–(3), 110(2)–(3), 128(2)–(3), 147(2)–(3), 153N(2)–(3), 153TK(2)–(3), 153TZB(2)–(3);
Film Act 2001 ss 53(2)–(3);
Gas Industry (Residual Provisions) Act 1994 ss 81(2)–(3), 126(2)–(3);
Health Services Act 1988 ss 65K(2)–(3), 203(2)–(3), 218(2)–(3), 260(3)–(4);
House Contracts Guarantee Act 1987 s 63(2);
Magistrates’ Court Act 1989 s 43(9)(a);
National Australia Bank and Bank of New Zealand Act 1997 ss 11(2)–(3);
National Mutual Royal Savings Bank Limited (Merger) Act 1987 ss 8(2)–(3);
Port Services Act 1995 ss 113(2)–(3), 161(2)–(3);
Project Development and Construction Management Act 1994 ss 58(2)–(3), 74(2)–(3);
Rail Corporations Act 1996 s 54(2);
State Bank (Succession of Commonwealth Bank) Act 1990 ss 16(2)–(3);
The Commercial Bank of Australia Limited (Merger) Act 1982 ss 10(2)–(3);
The Commercial Banking Company of Sydney Limited (Merger) Act 1982 ss 10(2)–(3);
Transfer of Land Act 1958 s 4, definition of reproduction;
Transfer of Land Act 1958 s 27D(7)(a);
Victorian Plantations Corporation Act 1993 ss 47(2)–(3);
Water Industry Act 1994 ss 166(2)–(3);
Water (Resource Management) Act 2005 s 115Q(2);
Westpac and Bank of Melbourne (Challenge Bank) Act 1996 ss 11(2)–(3), 22(2)–(3).

57. The following provisions should be amended to refer to the definition of document in the Victorian UEA:

Australian and New Zealand Banking Group Act 1970 ss 7(2), 19(2);
Charities Act 1978 s 8;
Public Records Act 1973 s 2.

58. The definition of ‘legal proceedings’ should be inserted in the Interpretation of Legislation Act 1984 and the following provisions amended to refer to it:

Children and Young Persons Act 1989 ss 273(1), 274(1);
Children, Youth and Families Act 2005 ss 583(1), 584(1)(b);
Corrections Act 1986 s 57A(1)(b);
Terrorism (Community Protection Act) 2003 s 23(1);
Victims of Crime Assistance Act 1996 s 65(1).

59. The definition of ‘persons acting judicially’ should be inserted in the Interpretation of Legislation Act 1984 and the following provisions amended to refer to it:

Education Act 1958 s 14B;
Infertility Treatment Act 1995 s 150;
Retail Leases Act 2003 s 89(4);
Victims of Crime Assistance Act 1996 s 65(2).

60. Definitions of ‘Act’, ‘Australasian State’ and ‘government printer’ should be inserted in the Interpretation of Legislation Act 1984.

61. The provisions in Appendix 16 should be amended as a consequence of the amendment or re-enactment of the oaths provisions of the Evidence Act 1958.

62. The provisions in Appendix 17 should be amended as a consequence of the amendment or re-enactment of the transcript provisions of the Evidence Act 1958.

63. The following provisions should be amended as specified in Appendix 18 on the introduction of the Victorian UEA:

Coroners Act 1985 s 57(3);
Companies (Application of Laws) Act 1981 sch 1, cl 48;
Emerald Tourist Railways Act 1977 s 38(9);
Futures Industry (Application of Laws) Act 1986 sch 1, cl 13;
Juries Act 2000 s 62;
Magistrates’ Court Act 1989 ss 129(1)–(2);
Magistrates’ Court Act 1989 sch 5 (various clauses);
Magistrates’ Court Act 1989 sch 8, cl 19;
Police Regulation Act 1958 s 86KC;
Securities Industry Act 1975 s 21(9);
Securities Industry (Application of Laws) Act 1981 sch 1, cl 12;
Sentencing Act 1991 ss 6F(2), 6J(2);
Transfer of Land Act 1958 s 114(4);
Victims of Crime Assistant Act 1996 s 63(3);
Whistleblowers Protection Act 2001 s 61I;
Working with Children Act 2005 s 47(3).

64. The development of education programs about the UEA in Victoria should address, in particular:

the policy underlying the UEA;
the structure of the UEA and the rules of admissibility;
the areas of significant change for Victoria;
the interaction between the UEA and other evidentiary provisions.

65. Material on the UEA should be incorporated in professional admission, professional development or continuing legal education programs across the state in a variety of different modes or formats and be tailored to the specific needs of different sectors of the legal profession. In particular, the commission recommends that teaching about the UEA be delivered by:

the Judicial College of Victoria;
the providers of professional admission, continuing professional development or continuing legal education programs for barristers and solicitors;
the specialist sections and associations of the Law Institute of Victoria and the Victorian Bar;
the Victorian Bar Readers’ course;
the Office of Public Prosecutions, Victoria Legal Aid and Victoria Police.

66. The Department of Justice and/or the providers of judicial education and continuing professional development should produce an interactive, problem-solving electronic resource for application of the UEA to be made available to and adapted to the particular needs of judicial officers and members of the legal profession.

67. A period of approximately 12 months should be allowed between the enactment of the Victorian UEA and commencement of the operation of its provisions.

68. The transitional provisions on the introduction of the UEA should provide:

that the UEA does not apply to a hearing in a proceeding that is part heard at the time of commencement, but otherwise applies to all hearings beginning on or after the commencement date whether or not an earlier hearing in a matter was conducted prior to the commencement of the UEA;
that provisions of the Evidence Act 1958 and other provisions repealed at the time of the commencement of the UEA continue to apply to a hearing in a proceeding which began before their repeal;
a definition of when various hearings such as committals and trials of criminal proceedings are taken to have commenced;
that where there is an order for a new trial on appeal, and the hearing of that new trial commences after the commencement of the Act, that the Act applies to that hearing.

69. A transitional provision be drafted to apply section 131A to:

subpoenas to produce documents returnable after the commencement of the Act;
discovery ordered or required after the commencement of the Act;
interrogatories served after the commencement of the Act;
notices to produce served after the commencement of the Act;
warrants issued after the commencement of the Act.

70. Following the enactment of a Victorian UEA, the Supreme, County and Magistrates’ Courts should review their respective court rules and make such amendments to those rules as are necessary to facilitate the operation of the new Act.

71. Following the enactment of a Victorian UEA, regulations should be drafted for Victoria based on the Evidence Regulation 1995 (Cth) and Evidence Regulation 2005 (NSW) with any necessary modifications.

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