Victorian Consolidated Legislation

Evidence Act 2008 - SECT 73

Exception-reputation as to relationships and age

73. Exception-reputation as to relationships and age



(1) The hearsay rule does not apply to evidence of reputation concerning-

   (a)  whether a person was, at a particular time or at any time, a married
        person; or

   (b)  whether a man and a woman cohabiting at a particular time were married
        to each other at that time; or

   (c)  a person's age; or

   (d)  family history or a family relationship.

(2) In a criminal proceeding, subsection (1) does not apply to evidence
adduced by a defendant unless-

   (a)  it tends to contradict evidence of a kind referred to in subsection
        (1) that has been admitted; or

   (b)  the defendant has given reasonable notice in writing to each other
        party of the defendant's intention to adduce the evidence.





(3) In a criminal proceeding, subsection (1) does not apply to evidence
adduced by the prosecutor unless it tends to contradict evidence of a kind
referred to in subsection (1) that has been admitted.