- Evidence Bill 2025 replaces theEvidence Act 1906
- Changes will further protect and support victim-survivors of family violence, child abuse and sexual assault
- New legislation adopts Australian Uniform Evidence Law, aligning WA with most states
Body-worn camera footage of domestic violence complainants giving their statement can now be used as evidence-in-chief in court thanks to a historic overhaul of Western Australia's evidence laws.
The Evidence Bill 2025, which also stops sexual abuse survivors from being asked harassing or humiliating questions, successfully passed Parliament yesterday.
The new legislation replaces the Evidence Act 1906, bringing WA into line with most other Australian jurisdictions by moving to Australian Uniform Evidence Law and modernising the way evidence is gathered and presented in court.
These historic reforms will improve consistency across jurisdictions and enhance protections
Key changes include:
mandatory special witness status for complainants in sexual offence cases, gang crime proceedings, and specific family and domestic violence (FDV) prosecutions - allowing for support persons or animals, prerecording of evidence, and remote testimony via video link or screening;
- admission of police-recorded statements from body-worn cameras or smartphones as a victim's evidence-in-chief in FDV cases;
- use of trained witness intermediaries to assist children and individuals with communication needs in giving evidence;
- ban on "Longman" jury warnings, which have historically cast doubt on the credibility of delayed complaints in sexual assault and FDV matters;
- ban on harassing or humiliating questions during court proceedings;
- preventing a minister of religion from refusing to give evidence in child sexual abuse cases on the basis the evidence was disclosed during a religious confession; and
- protection of sexual abuse victims in civil cases from being questioned about their sexual reputation.
While substantially aligning WA with national standards, the Bill retains and updates provisions from the 1906 Act that reflect best practice in the State.
The legislation also implements recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse, the State Coroner, and other expert bodies.
Originally introduced in August 2024 by then-Attorney General John Quigley, the Bill did not pass before the last parliamentary term ended.
Its successful passage yesterday marks a significant milestone in strengthening the justice system and ensuring fairer, safer court processes for all Western Australians.
As stated by Attorney General Dr Tony Buti:
"This is the most significant reform of Western Australia's evidence laws in more than a century.
"Adopting uniform evidence laws brings clarity and consistency across both State and Federal courts.
"This legislation sets a new benchmark for how victim-survivors are treated in the justice system.
"It strengthens protections and support for victims, ensuring they are treated with dignity and respect throughout the legal process.
"By making it easier to present FDV and sexual assault evidence in court, we're improving outcomes for victims and helping secure justice.
"It is part of our government's commitment to building safe and inclusive communities by delivering sensible and effective law reform."
