Victim-survivors of domestic and sexual violence will receive greater protections in court under landmark reforms to Western Australia’s evidence laws, which passed Parliament on 18 September.
The Evidence Bill 2025 will repeal the Evidence Act 1906 and brings WA into line with most other Australian jurisdictions through the adoption of the Australian Uniform Evidence Law. It also implements key recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse, the State Coroner, and other expert bodies.
Among the most significant changes is the ability for body-worn camera footage of domestic violence complainants giving their statement to be used as evidence-in-chief in court. Other reforms include:
- mandatory special witness status for complainants in sexual offence cases, gang crime proceedings, and certain family and domestic violence prosecutions, allowing for prerecording of evidence, support persons, and remote testimony;
- admission of police-recorded statements from body-worn cameras or smartphones in FDV cases;
- use of trained witness intermediaries to help children and people with communication needs give evidence;
- a ban on “Longman” jury warnings, which previously cast doubt on delayed complaints in sexual assault and FDV matters;
- stronger protections against harassing or humiliating cross-examination;
- removal of the clergy confession privilege in child sexual abuse matters; and
- safeguards to prevent questioning of sexual abuse victims in civil cases about their sexual reputation.
Attorney General Dr Tony Buti described the package as the most significant reform of evidence laws in more than a century.
“Adopting uniform evidence laws brings clarity and consistency across both State and Federal courts,” Dr Buti said. “This legislation sets a new benchmark for how victim-survivors are treated in the justice system. By making it easier to present FDV and sexual assault evidence in court, we’re improving outcomes for victims and helping secure justice.”
Originally introduced in 2024 by then–Attorney General John Quigley, the Bill lapsed at the end of the last parliamentary term. Its passage is being hailed as a historic milestone in strengthening protections and modernising the justice system.
To learn more about the new evidence act, you can do this on-demand CPD seminar, Navigating WA’s New Evidence Act: Seminar One (C4): Law Society of Western Australia – Course Details. Free for Law Society members.
