Commonwealth Numbered Acts

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 129

129. (1) Evidence of the reasons for a decision made by a person who is:

   (a)  a judge in an Australian or overseas proceeding; or

   (b)  an arbitrator in respect of a dispute that has been submitted to the
        person, or to the person and one or more other persons, for
        arbitration; or the deliberations of a person so acting in relation to
        such a decision, must not be given by the person, or a person who was,
        in relation to the proceeding or arbitration, under the direction or
        control of that person.

(2) Such evidence must not be given by tendering as evidence a document
prepared by such a person.

(3) This section does not prevent the admission or use, in a proceeding, of
published reasons for a decision.

(4) In a proceeding, evidence of the reasons for a decision made by a member
of a jury in another Australian or overseas proceeding, or of the
deliberations of a member of a jury in relation to such a decision, must not
be given by any of the members of that jury.

(5) This section does not apply in a proceeding that is:

   (a)  a prosecution for one or more of the following offences:

        (i)    an offence against or arising under Part III of the Crimes Act 
               1914 ;

        (ii)   embracery;

        (iii)  attempting to pervert the course of justice;

        (iv)   an offence connected with an offence mentioned in subparagraph
               (i), (ii) or (iii), including an offence of conspiring to
               commit such an offence; or

   (b)  in respect of a contempt of a court; or

   (c)  by way of appeal from, or judicial review of, a judgment, decree,
        order or sentence of a court; or

   (d)  by way of review of an arbitral award; or

   (e)  a civil proceeding in respect of an act of a judicial officer or
        arbitrator that was, and that was known at the time by the judicial
        officer or arbitrator to be, outside the scope of the matters in
        relation to which the judicial officer or arbitrator had authority to
        act. Note: Paragraph (5)(a) differs from paragraph 129(5)(a) of the
        NSW Act.