Victorian Consolidated Legislation

Evidence Act 2008 - SECT 61

Exceptions to the hearsay rule dependant on competency

61. Exceptions to the hearsay rule dependant on competency



(1) This Part does not enable use of a previous representation to prove the
existence of an asserted fact if, when the representation was made, the person
who made it was not competent to give evidence about the fact because of
section 13(1).

(2) This section does not apply to a contemporaneous representation made by a
person about his or her health, feelings, sensations, intention, knowledge or
state of mind.

Note For the admissibility of such contemporaneous representations, see
section 66A.

(3) For the purposes of this section, it is presumed, unless the contrary is
proved, that when the representation was made the person who made it was
competent to give evidence about the asserted fact.

Division 2-"First-hand" hearsay