Commonwealth Numbered Acts

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 76

76. Evidence of an opinion is not admissible to prove the existence of a fact
about the existence of which the opinion was expressed. Note: Specific
exceptions to the opinion rule are as follows:
- summaries of voluminous or complex documents (subsection 50(3));
- evidence relevant otherwise than as opinion evidence (section 77);
- lay opinion (section 78);
- expert opinion (section 79);
- admissions (section 81);
- exceptions to the rule excluding evidence of judgments and convictions
(subsection 92(3));
- character of and expert opinion about accused persons (sections 110 and
111). Other provisions of this Act, or of other laws, may operate as further
exceptions.

Examples:

(1) P sues D, her doctor, for the negligent performance of a surgical
operation. Unless an exception to the opinion rule applies, P's neighbour, W,
who had the same operation, cannot give evidence of his opinion that D had not
performed the operation as well as his own.

(2) P considers that electrical work that D, an electrician, has done for her
is unsatisfactory. Unless an exception to the opinion rule applies, P cannot
give evidence of her opinion that D does not have the necessary skills to do
electrical work.