44AApplication to offer evidence or ask questions about sexual experience or sexual disposition or sexual reputation of complainants in sexual cases

1. An application made under section 44(1) or 44AA(2) must comply with subsections (2) to (6) (as relevant) unless—

2. every other party has waived those requirements; or
3. the Judge dispenses with those requirements.

4. A party who proposes to offer evidence about the sexual experience or sexual disposition or sexual reputation of a complainant must make a written application to a Judge, which must include—

5. the name of the person who will give the evidence; and
6. the subject matter and scope of the evidence; and
7. the reasons it is claimed that the evidence meets the test in section 44(2) or 44AA(4).

8. A party who proposes to ask any question about the sexual experience or sexual disposition or sexual reputation of a complainant must make a written application to a Judge, which must include—

9. the name of the person who will be asked the question; and
10. the question; and
11. the scope of the questioning sought to flow from the initial question; and
12. the reasons it is claimed that the evidence meets the test in section 44(2) or 44AA(4).

13. If any document is intended to be produced as evidence of the sexual experience or sexual disposition or sexual reputation of a complainant, the application required under subsection (2) must be accompanied by a copy of the document.

14. In a criminal proceeding, an application must be made, and a copy of the application must be given to all other parties,—

15. as early as practicable before the trial so that all other parties are provided with a fair opportunity to respond to the evidence or question:
16. unless a Judge otherwise permits under subsection (7), no later than when a case management memorandum (for a Judge-alone trial) or a trial callover memorandum (for a jury trial) is filed under the Criminal Procedure Act 2011.

17. In a civil proceeding, an application must be made, and a copy of the application must be given to all other parties,—

18. as early as practicable before the evidence is to be offered or the question is to be asked so that all other parties are provided with a fair opportunity to respond to the evidence or question; and
19. unless a Judge permits otherwise under subsection (7), no later than the close of pleadings date.

20. The Judge may dispense with any of the requirements in subsections (2) to (6) if,—

21. having regard to the nature of the evidence or question proposed to be offered or asked, no party is substantially prejudiced by the failure to comply with a requirement; and
22. compliance was not reasonably practicable in the circumstances; and
23. it is in the interests of justice to do so.