This post provides an update on Western Australia’s (proposed) new Evidence Law framework. As previously discussed on this blog, last year the Western Australian Government introduced the Evidence Bill 2024 (WA) to parliament. The 2024 Bill substantially adopted the Uniform Evidence Law, though with its own section numbering and a number of peculiarly Western Australian provisions (including some adapted from the Evidence Act 1906 (WA); some implementing recommendations from various Royal Commissions, Law Reform Commission Reports, and other Inquiries; and some reflecting entrenched differences in Western Australia – eg, in relation to the preparation of identification evidence).
The 2024 Bill was introduced to the Legislative Council but lapsed when Parliament was prorogued prior to the WA state election which was held in March 2025.
Since then, the Evidence Bill 2025 (WA) has been introduced to Parliament, having passed through the Legislative Assembly just this week. The 2025 Bill is nearly identical to the 2024 Bill.
One notable difference is that the 2025 Bill includes Part 7 Division 8 on intermediaries. This division was split from the original 2024 Bill because the 2024 Bill was introduced in the Legislative Council, but Part 7 Division 8 included provisions which appropriate money or revenue for the establishment of a new witness intermediary service. No such split was necessary for the 2025 Bill as it was introduced in the Legislative Assembly rather than the Legislative Council.
There are some other amendments scattered throughout the Bill. One that is worth noting is the change to clause 206 which expands existing prohibitions on evidence of sexual disposition, reputation and experiences. The previous version of clause 206 prohibited or restricted this evidence only in criminal trials where that evidence related to the complainant. In the 2025 Bill, the new version of clause 206 extends these prohibitions and restrictions so they apply in civil proceedings in relation to witnesses who are alleged to be the victim of sexual abuse or sexual harassment. This is consistent with Recommendation 46(1)(l) from the Australian Law Reform Commission’s report on ‘Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence’ which was published in January this year.
Having passed the Legislative Assembly, the 2025 Bill is now in the Legislative Council, where it has been referred to the Standing Committee on Uniform Legislation and Statutes Review. That Standing Committee reported on the 2024 Bill so it may be expected that the Standing Committee will have less work to do in relation to the 2025 Bill.
Although the Government does not have an outright majority in the Legislative Council, the 2025 Bill had strong bipartisan support in the Legislative Assembly so is expected to pass through the upper house. When passed, the bill will come into force on a day to be fixed by proclamation. As put in the Second Reading Speech, ‘This is to allow time for implementation preparations to occur, including for regulations and rules of court to be drafted and training to be provided to participants in the justice system, such as lawyers, the judiciary, police and court staff.’
You can track the status of the Evidence Bill 2025 (WA) on the WA Parliament website, where you can also download the Bill and associated parliamentary documents.
Evidence Law in Western Australia 