Australian Capital Territory Consolidated Acts

EVIDENCE ACT 1971 - SECT 29

    (1)     If direct oral evidence of a fact would be admissible in a proceeding, a statement made by a person in a document tending to establish that fact is, subject to this part, admissible as evidence of that fact in the proceeding if the maker of the statement had personal knowledge of the matters dealt with in the statement and if—

        (a)     the maker of the statement is dead; or

        (b)     the maker of the statement is outside Australia and it is not reasonably practicable to secure his or her attendance; or

        (c)     the maker of the statement is unfit because of old age or bodily or mental condition to appear as a witness; or

        (d)     the maker of the statement cannot with reasonable diligence be found.

    (2)     If direct oral evidence of a fact would be admissible in a proceeding, a statement made by a person in a document tending to establish the fact is, subject to this part, admissible as evidence of that fact if the document was made—

        (a)     by a person acting under a duty to make the statement; or

        (b)     in the course of, and as a record or part of a record relating to, any business; or

        (c)     in the course of, or as a record or part of a record relating to, the administration of, or the exercise of the functions of, a government department;

from information supplied (whether directly or indirectly) by a person who had, or might reasonably be supposed to have had, personal knowledge of the matters dealt with in the information and if—

        (d)     the person who supplied the information is dead; or

        (e)     the person who supplied the information is outside Australia and it is not reasonably practicable to secure his or her attendance as a witness; or

        (f)     the person who supplied the information is unfit because of old age or of bodily or mental condition to appear as a witness; or

        (g)     the person who supplied the information cannot with reasonable diligence be identified or found; or

        (h)     the person who supplied the information cannot reasonably be expected, having regard to the time that has elapsed since the information was supplied and to all other relevant circumstances, to recollect the matters dealt with in the information.

    (3)     If, in a civil proceeding, direct oral evidence of a fact would be admissible, the statement made by a person in a document tending to establish that fact is (whether or not it would be admissible under subsection (1) or (2)) admissible in such a proceeding as evidence of that fact if—

        (a)     the maker of the statement had personal knowledge of the matters dealt with in the statement; and

        (b)     the court or judge is satisfied that undue delay or expense would be caused by requiring the attendance as a witness of the maker of the statement.

    (4)     In subsection (2) (a):

"acting under a duty", in relation to a person, includes—

        (a)     acting in the course of any trade, business, profession or other calling or occupation in which the person was engaged or employed; and

        (b)     acting for the purposes of any paid or unpaid office held by the person.