Commonwealth Numbered Acts

EVIDENCE ACT 1995 No. 2 of 1995 - SECT 81

81. (1) The hearsay rule and the opinion rule do not apply to evidence of an
admission.

(2) The hearsay rule and the opinion rule do not apply to evidence of a
previous representation:

   (a)  that was made in relation to an admission at the time the admission
        was made, or shortly before or after that time; and

   (b)  to which it is reasonably necessary to refer in order to understand
        the admission. Note: Specific exclusionary rules relating to
        admissions are as follows:
- evidence of admissions that is not first-hand (section 82);
- use of admissions against third parties (section 83);
- admissions influenced by violence etc. (section 84);
- unreliable admissions of accused persons (section 85);
- records of oral questioning of accused persons (section 86). Example: D
admits to W, his best friend, that he sexually assaulted V. In D's trial for
the sexual assault, the prosecution may lead evidence from W:

   (a)  that D made the admission to W as proof of the truth of that
        admission; and

   (b)  that W formed the opinion that D was sane when he made the admission.