Victorian Consolidated Legislation

Evidence Act 2008 - SECT 44

Previous representations of other persons

44. Previous representations of other persons



(1) Except as provided by this section, a cross-examiner must not question a
witness about a previous representation alleged to have been made by a person
other than the witness.

(2) A cross-examiner may question a witness about the representation and its
contents if-

   (a)  evidence of the representation has been admitted; or

   (b)  the court is satisfied that it will be admitted.

(3) If subsection (2) does not apply and the representation is contained in a
document, the document may only be used to question a witness as follows-

   (a)  the document must be produced to the witness;

   (b)  if the document is a tape recording, or any other kind of document
        from which sounds are reproduced-the witness must be provided with the
        means (for example, headphones) to listen to the contents of the
        document without other persons present at the cross-examination
        hearing those contents;

   (c)  the witness must be asked whether, having examined (or heard) the
        contents of the document, the witness stands by the evidence that he
        or she has given;

   (d)  neither the cross-examiner nor the witness is to identify the document
        or disclose any of its contents.

(4) A document that is so used may be marked for identification.