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Evidence (Tendency and Coincidence) Model Provisions

The submission to the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to Evidence (Tendency and Coincidence) Model Provisions (the Model Provisions) was prepared by the Law Council.

Given the timeframe for response, only certain Law Council Constituent Bodies have had an opportunity to fully consider the Model Provisions. The Law Council is grateful for the assistance of the Law Society of New South Wales, the Queensland Law Society, the Law Society of the Australian Capital Territory, the Law Society of Tasmania and its National Criminal Law Committee in the preparation of this submission.

The Model Provisions have implications beyond the Royal Commission into Institutional Responses to Child Sexual Abuse’s (the Commission) remit of child sexual abuse. The Model Provisions were released by the Commission on 25 November 2016.

The Law Council has previously raised concerns regarding proposed reforms to the admission of tendency and coincidence evidence in its submission on the Commission’s Criminal Justice Consultation Paper (the Consultation Paper). Arthur Moses SC (Executive Member, Law Council) and members of the Law Council’s National Criminal Law Committee, Tim Game SC (Co-Chair) and Stephen Odgers SC, also highlighted problematic features of the Model Provisions at the public hearing on 29 November 2016 and 2 December 2016.

You can read the full submission below.

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