South Australian Consolidated Acts South Australian Consolidated Acts59B—Admissibility of computer output
(1) Subject to this
section, computer output shall be admissible as evidence in any civil or
criminal proceedings.
(2) The court must be
satisfied—
(a) that
the computer is correctly programmed and regularly used to produce output of
the same kind as that tendered in evidence pursuant to this section; and
(b) that
the data from which the output is produced by the computer is systematically
prepared upon the basis of information that would normally be acceptable in a
court of law as evidence of the statements or representations contained in or
constituted by the output; and
(c)
that, in the case of the output tendered in evidence, there is, upon the
evidence before the court, no reasonable cause to suspect any departure from
the system, or any error in the preparation of the data; and
(d) that
the computer has not, during a period extending from the time of the
introduction of the data to that of the production of the output, been subject
to a malfunction that might reasonably be expected to affect the accuracy of
the output; and
(e) that
during that period there have been no alterations to the mechanism or
processes of the computer that might reasonably be expected adversely to
affect the accuracy of the output; and
(f) that
records have been kept by a responsible person in charge of the computer of
alterations to the mechanism and processes of the computer during that period;
and
(g) that
there is no reasonable cause to believe that the accuracy or validity of the
output has been adversely affected by the use of any improper process or
procedure or by inadequate safeguards in the use of the computer.
(3) Where two or more
computers have been involved, in combination or succession, in the recording
of data and the production of output derived therefrom and tendered in
evidence under this section, the court must be satisfied that the requirements
of subsection (2) of this section have been satisfied in relation to each
computer so far as those requirements are relevant in relation to that
computer to the accuracy or validity of the output, and that the use of more
than one computer has not introduced any factor that might reasonably be
expected adversely to affect the accuracy or validity of the output.
(4) A certificate
under the hand of a person having prescribed qualifications in computer system
analysis and operation or a person responsible for the management or operation
of the computer system as to all or any of the matters referred to in
subsection (2) or (3) of this section shall, subject to
subsection (6) of this section, be accepted in any legal proceedings, in
the absence of contrary evidence, as proof of the matters certified.
(5) An apparently
genuine document purporting to be a record kept in accordance with
subsection (2) of this section, or purporting to be a certificate under
subsection (4) of this section shall, in any legal proceedings, be
accepted as such in the absence of contrary evidence.
(6) The court may, if
it thinks fit, require that oral evidence be given of any matters comprised in
a certificate under this section, or that a person by whom such a certificate
has been given attend for examination or cross-examination upon any of the
matters comprised in the certificate.