New South Wales Consolidated Acts New South Wales Consolidated ActsIn any proceedings--
(a) the burden lies on the prosecution to prove that a person who identifies as an Aboriginal person or Torres Strait Islander has waived a right as mentioned in section 10 (3), 15 (3), 30 (3), 55 (3) or 57 (5), and
(b) the burden is not discharged unless the court is satisfied on the balance of probabilities that the person voluntarily waived that right, and did so with full knowledge and understanding of what he or she was doing.