Commonwealth Numbered Acts

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 13

13. (1) A person who is incapable of understanding that, in giving evidence,
he or she is under an obligation to give truthful evidence is not competent to
give sworn evidence.

(2) A person who because of subsection (1) is not competent to give sworn
evidence is competent to give unsworn evidence if:

   (a)  the court is satisfied that the person understands the difference
        between the truth and a lie; and

   (b)  the court tells the person that it is important to tell the truth; and

   (c)  the person indicates, by responding appropriately when asked, that he
        or she will not tell lies in the proceeding.

(3) A person who is incapable of giving a rational reply to a question about a
fact is not competent to give evidence about the fact, but may be competent to
give evidence about other facts.

(4) A person is not competent to give evidence about a fact if:

   (a)  the person is incapable of hearing or understanding, or of
        communicating a reply to, a question about the fact; and

   (b)  that incapacity cannot be overcome.

(5) It is presumed, unless the contrary is proved, that a person is not
incompetent because of this section.

(6) Evidence that has been given by a witness does not become inadmissible
merely because, before the witness finishes giving evidence, he or she dies or
ceases to be competent to give evidence.

(7) For the purpose of determining a question arising under this section, the
court may inform itself as it thinks fit.