EVIDENCE ACT 2001
EVIDENCE ACT 2001
- Act 76 of 2001 - Royal Assent 17 December 2001 TABLE OF PROVISIONS Long Title Chapter 1 - Preliminary PART 1 - Formal matters 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 documents or call witnesses 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 statements 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. ]