Victorian Consolidated Legislation

Evidence Act 2008 - SECT 60

Exception-evidence relevant for a non-hearsay purpose

60. Exception-evidence relevant for a non-hearsay purpose



(1) The hearsay rule does not apply to evidence of a previous representation
that is admitted because it is relevant for a purpose other than proof of an
asserted fact.

(2) This section applies whether or not the person who made the representation
had personal knowledge of the asserted fact (within the meaning of section
62(2)).

Note Subsection (2) was inserted as a response to the decision of the High
Court of Australia in Lee v The Queen (1998) 195 CLR 594.

(3) However, this section does not apply in a criminal proceeding to evidence
of an admission.

Note
The admission might still be admissible under section 81 as an exception to
the hearsay rule if it is "first-hand" hearsay-see section 82.