Victorian Consolidated Legislation

Evidence Act 2008 - SECT 63

Exception-civil proceedings if maker not available

63. Exception-civil proceedings if maker not available



(1) This section applies in a civil proceeding if a person who made a previous
representation is not available to give evidence about an asserted fact.

(2) The hearsay rule does not apply to-

   (a)  evidence of the representation that is given by a person who saw,
        heard or otherwise perceived the representation being made; or

   (b)  a document so far as it contains the representation, or another
        representation to which it is reasonably necessary to refer in order
        to understand the representation.

Notes 1. Section 67 imposes notice requirements relating to this subsection.
2. Clause 4 of Part 2 of the Dictionary is about the availability of persons.