12.137 All states and territories have passed legislation that deals specifically with the admission of evidence in criminal proceedings where someone is charged with a sexual offence. There are also specific provisions in the Crimes Act 1914 (Cth) relating to sexual offences created by that Act. The legislation includes the ‘rape shield laws’ which exclude the admission of a complainant’s sexual history, particularly where it is sought to be led on the issue of his or her credibility. As discussed in Chapter 20, these matters remain outside the scheme of the uniform Evidence Acts. It is important to note that those provisions currently operate over and above the credibility provisions of the uniform Evidence Acts by virtue of s 8 of the Acts.
Crimes Act 1914 (Cth) Pt IAD (although these provisions are more limited in that they relate only to children).