Division 3 General rules about giving evidence
26 Court’s control over questioning of witnesses
The court may make such orders as it considers just in relation to:(a) the way in which witnesses are to be questioned, and(b) the production and use of documents and things in connection with the questioning of witnesses, and(c) the order in which parties may question a witness, and(d) the presence and behaviour of any person in connection with the questioning of witnesses.
27 Parties may question witnesses
A party may question any witness, except as provided by this Act.
28 Order of examination in chief, cross-examination and re-examination
Unless the court otherwise directs:(a) cross-examination of a witness is not to take place before the examination in chief of the witness, and(b) re-examination of a witness is not to take place before all other parties who wish to do so have cross-examined the witness.
29 Manner and form of questioning witnesses and their responses
(1) A party may question a witness in any way the party thinks fit, except as provided by this Chapter or as directed by the court.(2) A court may, on its own motion or on the application of the party that called the witness, direct that the witness give evidence wholly or partly in narrative form.(3) Such a direction may include directions about the way in which evidence is to be given in that form.(4) Evidence may be given in the form of charts, summaries or other explanatory material if it appears to the court that the material would be likely to aid its comprehension of other evidence that has been given or is to be given.
A witness may give evidence about a fact through an interpreter unless the witness can understand and speak the English language sufficiently to enable the witness to understand, and to make an adequate reply to, questions that may be put about the fact.
(1) A witness who cannot hear adequately may be questioned in any appropriate way.(2) A witness who cannot speak adequately may give evidence by any appropriate means.(3) The court may give directions concerning either or both of the following:(a) the way in which a witness may be questioned under subsection (1),(b) the means by which a witness may give evidence under subsection (2).(4) This section does not affect the right of a witness to whom this section applies to give evidence about a fact through an interpreter under section 30.
32 Attempts to revive memory in court
(1) A witness must not, in the course of giving evidence, use a document to try to revive his or her memory about a fact or opinion unless the court gives leave.(2) Without limiting the matters that the court may take into account in deciding whether to give leave, it is to take into account:(a) whether the witness will be able to recall the fact or opinion adequately without using the document, and(b) whether so much of the document as the witness proposes to use is, or is a copy of, a document that:(i) was written or made by the witness when the events recorded in it were fresh in his or her memory, or(ii) was, at such a time, found by the witness to be accurate.(3) If a witness has, while giving evidence, used a document to try to revive his or her memory about a fact or opinion, the witness may, with the leave of the court, read aloud, as part of his or her evidence, so much of the document as relates to that fact or opinion.(4) The court is, on the request of a party, to give such directions as the court thinks fit to ensure that so much of the document as relates to the proceeding is produced to that party.
33 Evidence given by police officers
(1) Despite section 32, in any criminal proceeding, a police officer may give evidence in chief for the prosecution by reading or being led through a written statement previously made by the police officer.(2) Evidence may not be so given unless:(a) the statement was made by the police officer at the time of or soon after the occurrence of the events to which it refers, and(b) the police officer signed the statement when it was made, and(c) a copy of the statement had been given to the person charged or to his or her Australian legal practitioner or legal counsel a reasonable time before the hearing of the evidence for the prosecution.(3) A reference in this section to a police officer includes a reference to a person who, at the time the statement concerned was made, was a police officer.
34 Attempts to revive memory out of court
(1) The court may, on the request of a party, give such directions as are appropriate to ensure that specified documents and things used by a witness otherwise than while giving evidence to try to revive his or her memory are produced to the party for the purposes of the proceeding.(2) The court may refuse to admit the evidence given by the witness so far as it concerns a fact as to which the witness so tried to revive his or her memory if, without reasonable excuse, the directions have not been complied with.
35 Effect of calling for production of documents
(1) A party is not to be required to tender a document only because the party, whether under this Act or otherwise:(a) called for the document to be produced to the party, or(b) inspected it when it was so produced.(2) The party who produces a document so called for is not entitled to tender it only because the party to whom it was produced, or who inspected it, fails to tender it.
36 Person may be examined without subpoena or other process
(1) The court may order a person who:(a) is present at the hearing of a proceeding, and(b) is compellable to give evidence in the proceeding,to give evidence and to produce documents or things even if a subpoena or other process requiring the person to attend for that purpose has not been duly served on the person.(2) A person so ordered to give evidence or to produce documents or things is subject to the same penalties and liabilities as if the person had been duly served with such a subpoena or other process.(3) A party who inspects a document or thing produced to the court because of subsection (1) need not use the document in evidence.