EVIDENCE ACT 2008 - SECT 76 The opinion rule

EVIDENCE ACT 2008 - SECT 76

    Evidence of an opinion is not admissible to prove the existence of a fact about the existence of which the opinion was expressed.

Notes

1     The Commonwealth Act and New South Wales Act include an additional subsection.

2     Specific exceptions to the opinion rule are as follows—

    •     summaries of voluminous or complex documents (section 50(3))

    •     evidence relevant otherwise than as opinion evidence (section 77)

    •     lay opinion (section 78)

    •     Aboriginal and Torres Strait Islander traditional laws and customs (section 78A)

    •     expert opinion (section 79)

    •     admissions (section 81)

    •     exceptions to the rule excluding evidence of judgments and convictions (section 92(3))

    •     character of and expert opinion about an accused (sections 110 and 111).

Other provisions of this Act, or of other laws, may operate as further exceptions.

Examples

1     P sues D, her doctor, for the negligent performance of a surgical operation. Unless an exception to the opinion rule applies, P's neighbour, W, who had the same operation, cannot give evidence of his opinion that D had not performed the operation as well as his own.

2     P considers that electrical work that D, an electrician, has done for her is unsatisfactory. Unless an exception to the opinion rule applies, P cannot give evidence of her opinion that D does not have the necessary skills to do electrical work.