EVIDENCE ACT 2001

Table of Provisions

• 1 Short title
• 2 Commencement
• 2A Numbering of Act
• 3 Interpretation
• 3A References to business
• 3B Unavailability of persons
• 3C Unavailability of documents and things
• 3D Representations in documents

PART 2 - Application of Act

• 4 Courts and proceedings to which Act applies
• 5 Extended application of certain provisions
• 6 Territories
• 7 Act binds Crown
• 8 Operation of other Acts
• 9 Application of common law and equity
• 10 Parliamentary privilege preserved
• 11 General powers of court
Chapter 2 - Adducing evidence PART 1 - Witnesses Division 1 - Competence and compellability of witnesses
• 12 Competence and compellability
• 13 Competence: lack of capacity
• 14 Compellability: reduced capacity
• 15 Compellability: Sovereign and others
• 16 Competence and compellability: judges and jurors
• 17 Competence and compellability: defendants in criminal proceedings
• 18 Compellability of spouses and others in criminal proceedings generally
• 19 Compellability of spouses and others in certain proceedings
• 20 Comment on failure to give evidence

Division 2 - Oaths and affirmations

• 21 Sworn evidence by oath or affirmation
• 22 Interpreters to act on oath or affirmation
• 23 Choice of oath or affirmation
• 24 Requirements for oaths
• 25 Rights to make unsworn statements unaffected

Division 3 - General rules about giving evidence

• 26 Court's control over questioning of witness
• 27 Parties may question witnesses
• 28 Order of examination in chief, cross-examination and re-examination
• 29 Manner and form of questioning and responses of witness
• 30 Interpreters
• 30A Unsworn statements
• 31 Deaf and mute witnesses
• 32 Attempts to revive memory in court
• 33 Evidence by police officers
• 34 Attempts to revive memory out of court
• 35 Effect of calling for production of documents
• 36 Examination without subpoena or other process

Division 4 - Examination in chief and re-examination

• 37 Leading questions
• 38 Unfavourable witness
• 39 Limits on re-examination

Division 5 - Cross-examination

• 40 Witness called in error
• 41 Improper questions
• 42 Leading questions
• 43 Prior inconsistent statement of witness
• 44 Previous representation of other person
• 45 Production of document
• 46 Leave to recall witnesses

PART 2 - Documents

• 47 Interpretation of Part
• 48 Proof of contents of document
• 49 Documents in foreign countries
• 50 Proof of voluminous or complex documents
• 51 Original document rule abolished

PART 3 - Other evidence

• 52 Adducing of other evidence not affected
• 53 Views
• 54 Views to be evidence
Chapter 3 - Admissibility of evidence PART 1 - Relevance
• 55 Relevant evidence
• 56 Relevant evidence admissible
• 57 Provisional relevance
• 58 Inference as to relevance

PART 2 - Hearsay Division 1 - Hearsay rule

• 59 Hearsay rule – exclusion of hearsay evidence
• 60 Exception: evidence relevant for non-hearsay purpose
• 61 Exception to hearsay rule dependent on competency

Division 2 - First-hand hearsay

• 62 Restriction to first-hand hearsay
• 63 Exception: civil proceedings if maker not available
• 64 Exception: civil proceedings if maker available
• 65 Exception: criminal proceedings if maker not available
• 66 Exception: criminal proceedings if maker available
• 66A Exception: contemporaneous statements about a person's health, &c.
• 67 Notices to be given
• 68 Objection to tender of hearsay evidence in civil proceedings if
maker available

Division 3 - Other exceptions to hearsay rule

• 69 Exception: business records
• 70 Exception: contents of tags, labels and writing
• 71 Exception: electronic communications
• 72 Exception: Aboriginal and Torres Strait Islander traditional laws and
customs
• 73 Exception: reputation as to relationships and age
• 74 Exception: reputation of public or general rights
• 75 Exception: interlocutory proceedings

PART 3 - Opinion

• 76 Opinion rule
• 77 Exception: evidence relevant otherwise than as opinion evidence
• 78 Exception: lay opinion
• 78A Exception: Aboriginal and Torres Strait Islander traditional laws and
customs
• 79 Exception: opinion based on specialised knowledge
• 79A Section 79A
• 80 Ultimate issue and common knowledge rules abolished

PART 4 - Admissions

• 81 Hearsay and opinion rules: exception for admissions and related
representations
• 82 Exclusion of evidence of admissions that is not first-hand
• 83 Exclusion of evidence of admissions as against third parties
• 84 Exclusion of admission influenced by violence and certain other
conduct
• 85 Criminal proceedings: reliability of admissions by defendants
• 85A Admission in serious offence
• 86 Exclusion of records of oral questioning
• 87 Admission made with authority
• 88 Proof of admission
• 89 Evidence of silence
• 90 Discretion to exclude admission

PART 5 - Evidence of judgments and convictions

• 91 Exclusion of evidence of judgments and convictions
• 92 Exceptions
• 93 Savings

PART 6 - Tendency and coincidence

• 94 Application of Part
• 95 Use of evidence for other purposes
• 96 Failure to act
• 97 Tendency rule
• 97A Admissibility of tendency evidence in proceedings involving child
sexual offences
• 98 Coincidence rule
• 99 Requirements for notices
• 100 Court may dispense with notice requirements
• 101 Further restrictions on tendency evidence and coincidence evidence
adduced by the prosecution

PART 7 - Credibility Division 1 - Credibility evidence

• 101A Credibility evidence

Division 2 - Credibility of witnesses

• 102 Credibility rule
• 103 Exception: cross-examination as to credibility
• 104 Further protection: cross-examination of defendant
• 105 Section 105
• 106 Exception: rebutting denials by other evidence
• 107 (Repealed)
• 108 Exception: re-establishing credibility

Division 3 - Credibility of persons who are not witnesses

• 108A Admissibility of evidence of credibility of person who has made a
previous representation
• 108B Further protections: previous representations of an accused who is
not a witness

Division 4 - Persons with specialised knowledge

• 108C Exception: evidence of persons with specialised knowledge

PART 8 - Character

• 109 Application
• 110 Evidence about character of accused
• 111 Evidence about character of co-accused
• 112 Leave required for cross-examination on character of accused or
co-accused

PART 9 - Identification evidence

• 113 Application of Part
• 114 Exclusion of visual identification evidence
• 115 Exclusion of evidence of identification by pictures
• 116 Directions to jury

PART 10 - Privileges Division 1 - Client legal privilege

• 117 Interpretation of Division
• 118 Legal advice
• 119 Litigation
• 120 Unrepresented parties
• 121 Loss of client legal privilege: generally
• 122 Loss of client legal privilege: consent and related matters
• 123 Loss of client legal privilege: defendants
• 124 Loss of client legal privilege: joint clients
• 125 Loss of client legal privilege: misconduct
• 126 Loss of client legal privilege: related communications and documents

Division 1A - Professional confidential relationship privilege

• 126A Definitions
• 126B Exclusion of evidence of protected confidence
• 126C Loss of professional confidential relationship privilege: consent
• 126D Loss of professional confidential relationship privilege: misconduct
• 126E Ancillary orders
• 126F Application of Division

Division 2 - Other privileges

• 127 Religious confession
• 127A Medical communications
• 127B Communication to counsellor
• 128 Privilege in respect of self-incrimination in other proceedings
• 128A Privilege in respect of self-incrimination – exception for
certain orders, &c.

Division 3 - Evidence excluded in the public interest

• 129 Exclusion of evidence of reasons for judicial decisions
• 130 Exclusion of evidence of matters of state
• 131 Exclusion of evidence of settlement negotiations

Division 4 - General

• 131A Application of Division to preliminary proceedings of courts
• 132 Court to inform of rights to make applications and objections
• 133 Court may inspect, &c., documents
• 134 Inadmissibility of evidence that must not be adduced or given

PART 11 - Discretionary and mandatory exclusions

• 135 General discretion to exclude evidence
• 136 General discretion to limit use of evidence
• 137 Exclusion of prejudicial evidence in criminal proceedings
• 138 Discretion to exclude evidence improperly or illegally obtained
• 139 Cautioning person
Chapter 4 - Proof PART 1 - Standard of proof
• 140 Civil proceedings: standard of proof
• 141 Criminal proceedings: standard of proof
• 142 Admissibility of evidence: standard of proof
• 142A Proof of exemption

PART 2 - Judicial notice

• 143 Matters of law
• 144 Matters of common knowledge
• 145 Certain Crown certificates

PART 3 - Facilitation of proof Division 1 - General

• 146 Evidence produced by processes, machines and other devices
• 147 Documents produced by processes, machines and other devices in the
course of business
• 148 Evidence of certain acts of justices, lawyers and notaries public
• 149 Attestation of documents
• 150 Seals and signatures
• 151 Seals of bodies established under State law
• 152 Documents produced from proper custody

Division 2 - Matters of official record

• 153 Gazettes and other official documents
• 154 Documents published by authority of Parliaments
• 155 Evidence of official records
• 156 Public documents
• 157 Public documents relating to court processes
• 158 Evidence of certain public documents
• 159 Official statistics

Division 3 - Matters relating to post and communications

• 160 Postal articles
• 161 Electronic communications
• 162 Lettergrams and telegrams
• 163 Proof of letters having been sent by Commonwealth agencies

PART 4 - Corroboration

• 164 Corroboration requirements abolished

PART 5 - Warnings and Information

• 165 Unreliable evidence
• 165A Warnings in relation to children's evidence
• 165B Delay in prosecution

PART 6 - Ancillary provisions Division 1 - Request to produce

• 166 Definition of request
• 167 Requests may be made about certain matters
• 168 Time limits for making certain requests
• 169 Failure or refusal to comply with request

Division 2 - Proof of certain matters by affidavits or written

• 170 Evidence relating to certain matters
• 171 Persons who may give such evidence
• 172 Evidence based on knowledge, belief or information
• 173 Notification of other parties

Division 3 - Foreign law

• 174 Evidence of foreign law
• 175 Evidence of law reports of foreign countries
• 176 Questions of foreign law decided by judge

Division 4 - Procedures for proving other matters

• 177 Certificates of expert evidence
• 177A Certificate of analyst
• 177B Proof of proceedings of councils and committees
• 177C Probate and letters of administration
• 177D Certificate of Surveyor-General
• 177E Certificate of Chief Parliamentary Counsel
• 178 Convictions, acquittals and other judicial proceedings
• 179 Proof of identity of convicted persons by affidavits by members of
State or Territory police forces
• 180 Proof of identity of convicted persons by affidavits by members of
the Australian Federal Police
• 181 Proof of service of statutory notifications, notices, orders and
directions
• 181A Depositions on one charge admissible on trial of another
Chapter 5 - Miscellaneous PART 1 - Miscellaneous provisions
• 182 Application of certain sections in relation to Commonwealth records
• 183 Inferences
• 184 Accused may admit matters and give consent
• 185 Full faith and credit to be given to documents properly
authenticated
• 186 Swearing of affidavits before justices of the peace, notaries public
and lawyers
• 187 No privilege against self-incrimination for bodies corporate
• 188 Impounding documents
• 189 The voir dire
• 190 Waiver of rules of evidence
• 191 Agreements as to facts
• 192 Leave, permission or direction may be given on terms
• 192A Advance rulings and findings
• 193 Additional powers
• 194 Witnesses failing to attend proceedings
• 194A Depositions under Justices Act 1959
• 194B Depositions of persons dangerously ill
• 194C Power of court or judge to order examination of witnesses on
interrogatories or otherwise
• 194D Parties
• 194E Compelling attendance of witnesses or production of documents
• 194F Examinations of witnesses to be taken on oath
• 194G Persons appointed for taking examinations to report on conduct or
absence of witnesses if necessary
• 194H Costs of examination may be made costs in the cause
• 194I Provisions relating to reading of examinations
• 194J Printing and publication of certain evidence prohibited
• 194K Publication of certain identifying particulars prohibited
• 194L Publication of evidence in certain civil cases prohibited
• 194M Evidence relating to sexual experience
• 195 Prohibited question not to be published
• 196 Proceedings for offences
• 196A Medical examination of injured person
• 196B Certain errors not avoid conviction
• 196C Inspection of realty or personalty

PART 2 - Administrative provisions

• 197 Regulations
• 198 Administration of Act
• 199 Repeals
• 200 Savings, transitional and other provisions
SCHEDULE 1 SCHEDULE 2

[ Note: This table has been automatically generated and may be incomplete. ]