Australian Capital Territory Consolidated Acts

EVIDENCE ACT 1971 - SECT 28

    (1)     If direct oral evidence of a fact or of an opinion would be admissible in a proceeding, a statement made by a person in a document tending to establish the fact or expressing the opinion, as the case may be, is, subject to this part, admissible as evidence of the fact or the opinion in the proceeding if—

        (a)     for a statement tending to establish a fact—the maker of the statement had personal knowledge of the matters dealt with by the statement or, for a statement expressing an opinion, the person expressing the opinion is qualified to give evidence of that opinion; and

        (b)     the maker of the statement is called as a witness in the proceeding; and

        (c)     the court is satisfied that the statement was made at a time when the facts stated in the document were fresh in the memory of the witness or, for a statement expressing an opinion, the facts on which the opinion was based were fresh in the mind of the person expressing the opinion.

    (2)     Subsection (1) applies whether the statement is or is not consistent with the evidence given by the maker of the statement but, if—

        (a)     the statement is tendered by the party by whom the witness is being called; and

        (b)     the statement is inconsistent with the evidence given by the witness in the proceeding;

the statement is admissible in evidence only with the leave of the court.

    (3)     A statement referred to this section shall not, without the leave of the court, be tendered in evidence by the party by whom the witness has been called except at the conclusion of the examination-in-chief of the witness and before the witness is cross-examined.