South Australia
Evidence (Pre-trial Special Hearings) Amendment Bill 2026
A Bill For
An Act to amend the Evidence Act 1929.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
Part 2—Amendment of Evidence Act 1929
3	Amendment of section 4—Interpretation
4	Amendment of section 12AB—Pre‑trial special hearings
5	Amendment of section 12AC—Effect of orders made at pre‑trial special hearing
6	Amendment of section 13BA—Admissibility of recorded evidence by certain witnesses in certain criminal proceedings
Schedule 1—Transitional provisions
1	Application of amendments

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Evidence (Pre-trial Special Hearings) Amendment Act 2026.
2—Commencement
This Act comes into operation on a day to be fixed by proclamation.

Part 2—Amendment of Evidence Act 1929
3—Amendment of section 4—Interpretation
	(1)	Section 4(1), definition of serious offence against the person—delete the definition and substitute:
serious offence against the person means—
	(a)	a sexual offence; or
	(b)	any of the following offences:
	(i)	murder;
	(ii)	manslaughter;
	(iii)	stalking under section 19AA of the Criminal Law Consolidation Act 1935;
	(iv)	choking, suffocation or strangulation in a domestic setting under section 20A of the Criminal Law Consolidation Act 1935;
	(v)	causing serious harm under section 23 of the Criminal Law Consolidation Act 1935;
	(vi)	an offence involving an unlawful threat to kill or endanger life;
	(vii)	an offence involving abduction;
	(viii)	an offence involving blackmail; or
	(c)	a conspiracy to commit, an attempt to commit or an assault with intent to commit an offence referred to in any of the preceding paragraphs;
	(2)	Section 4(1), definition of sexual offence, (e)—delete paragraph (e) and substitute:
	(e)	a conspiracy to commit, an attempt to commit or an assault with intent to commit an offence referred to in any of the preceding paragraphs;
4—Amendment of section 12AB—Pre‑trial special hearings
	(1)	Section 12AB(14), definition of witness to whom this section applies—after paragraph (c) insert:
	(ca)	in the case of a trial of an offence of stalking under section 19AA of the Criminal Law Consolidation Act 1935 or of choking, suffocation or strangulation in a domestic setting under section 20A of that Act—an alleged victim of the offence (regardless of their age at the time of the trial); or
	(2)	Section 12AB(14), definition of witness to whom this section applies, (d)—after "abuse" second occurring insert:
(regardless of their age at the time of the trial)
	(3)	Section 12AB(14), definition of witness to whom this section applies—after paragraph (d) insert:
	(e)	in the case of a trial of a charge of an offence against section 23 of the Criminal Law Consolidation Act 1935—an alleged victim of the offence (regardless of their age at the time of the trial).
5—Amendment of section 12AC—Effect of orders made at pre‑trial special hearing
	(1)	Section 12AC, heading—after "hearing" insert:
etc
	(2)	Section 12AC(1)—delete "made the court at the pre‑trial special hearing as to the admission of a recording of evidence of a witness (being an order under section 13BA)" and substitute:
as to the admission of a recording of evidence of a witness made by a court under section 13BA
	(3)	Section 12AC(2)—delete "at the pre‑trial special hearing" and substitute:
under section 13BA
	(4)	Section 12AC(3)—delete "at the pre‑trial special hearing" first occurring and substitute:
under section 13BA
	(5)	Section 12AC(3)(a)—delete "pre‑trial special hearing, become aware of a matter of which the party could not reasonably have been aware at the time of the pre‑trial special hearing" and substitute:
making of the order under section 13BA, become aware of a matter of which the party could not reasonably have been aware at the time that order was made
	(6)	Section 12AC(3)(b)—delete "at the pre‑trial special hearing" and substitute:
under section 13BA
6—Amendment of section 13BA—Admissibility of recorded evidence by certain witnesses in certain criminal proceedings
	(1)	Section 13BA(1)—delete "the trial of a charge of an offence, or in a pre‑trial special hearing conducted in accordance with section 12AB" and substitute:
prescribed circumstances
	(2)	Section 13BA—after subsection (6) insert:
	(7)	In this section—
prescribed circumstances—an order is made in prescribed circumstances for the purposes of this section if it is made in any of the following circumstances:
	(a)	in the trial of a charge of any offence;
	(b)	in a pre‑trial special hearing conducted in accordance with section 12AB;
	(c)	if the order relates to evidence of a person to whom section 50B of the District Court Act 1991 applies who is the alleged victim of a sexual offence (within the meaning of that section)—at any time before the trial of the sexual offence (or at a time referred to in paragraph (a) or (b)).

Schedule 1—Transitional provisions
1—Application of amendments
The Evidence Act 1929 as in force after the commencement of this Act applies in relation to a trial of an offence that commences after the commencement of this Act.