WA Right for Family Members to Object to Giving Evidence for the Prosecution

Evidence Bill 2025

18 Sep 2025: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

Legislative Assembly

Legislative Council

Assent

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Topics

court evidence criminal proceedings fair trial legal protections sexual offence cases witness rights

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Spouses, parents and children of an accused person can object to giving evidence for the prosecution.
The court must ensure these witnesses know they have this right to object.
Prosecutors cannot comment on a witness's decision to object or the court's ruling on it.
In sexual offence cases, the accused must ask questions through a judge or approved person.
Courts cannot use a person's silence to draw an unfavourable conclusion in criminal proceedings.
Courts must ban evidence of admissions if they were obtained through violent or degrading conduct.
Interpreters must take an oath or make an affirmation before working in a proceeding.
The Evidence Act 1906 is repealed.

The Debate

What different members said when this bill was debated:

Dan Caddy ALP

“I move: That the bill be now read a second time. The Evidence Bill 2025 will repeal the Evidence Act 1906 and replace it with a modern Evidence Act that introduces a version of uniform evidence law and brings Western Australia into line with most other Australian jurisdictions.”

Official source →

Dr Tony Buti ALP

“I move: That the bill be now read a second time. The Evidence Bill 2025 will repeal the Evidence Act 1906 (WA) and replace it with a modern Evidence Act that introduces a version of uniform evidence law and brings Western Australia into line with most other Australian jurisdictions.”

Official source →