Evidence Act 1995

In force

Administered by

Attorney-General's Department

Superseded version

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C2016C00605 C30

01 May 2016 - 08 December 2017

Table of contents

Chapter 1—Preliminary
Part 1.1—Formal matters
- 1 Short title
- 2 Commencement
- 3 Definitions
Part 1.2—Application of this Act
- 4 Courts and proceedings to which Act applies
- 5 Extended application of certain provisions
- 6 Territories
- 7 Act binds Crown
- 8 Operation of other Acts etc.
- 8A Application of the Criminal Code
- 9 Effect of Act on other laws
- 10 Parliamentary privilege preserved
- 11 General powers of a court
Chapter 2—Adducing evidence
Part 2.1—Witnesses
- Division 1—Competence and compellability of witnesses
  - 12 Competence and compellability
  - 13 Competence: lack of capacity
  - 14 Compellability: reduced capacity
  - 15 Compellability: Sovereign and others
  - 16 Competence and compellability: judges and jurors
  - 17 Competence and compellability: defendants in criminal proceedings
  - 18 Compellability of spouses and others in criminal proceedings generally
  - 20 Comment on failure to give evidence
- Division 2—Oaths and affirmations
- 21 Sworn evidence of witnesses to be on oath or affirmation
- 22 Interpreters to act on oath or affirmation
- 23 Choice of oath or affirmation
- 24 Requirements for oaths
- Division 3—General rules about giving evidence
- 26 Court’s control over questioning of witnesses
- 27 Parties may question witnesses
- 28 Order of examination in chief, cross examination and re examination
- 29 Manner and form of questioning witnesses and their responses
- 30 Interpreters
- 31 Witnesses who cannot hear adequately or speak adequately
- 32 Attempts to revive memory in court
- 33 Evidence given by police officers
- 34 Attempts to revive memory out of court
- 35 Effect of calling for production of documents
- 36 Person may be examined without subpoena or other process
- Division 4—Examination in chief and re examination
- 37 Leading questions
- 38 Unfavourable witnesses
- 39 Limits on re examination
- Division 5—Cross examination
- 40 Witness called in error
- 41 Improper questions
- 42 Leading questions
- 43 Prior inconsistent statements of witnesses
- 44 Previous representations of other persons
- 45 Production of documents
- 46 Leave to recall witnesses
Part 2.2—Documents
- 47 Definitions
- 48 Proof of contents of documents
- 49 Documents in foreign countries
- 50 Proof of voluminous or complex documents
- 51 Original document rule abolished
Part 2.3—Other evidence
- 52 Adducing of other evidence not affected
- 53 Views
- 54 Views to be evidence
Chapter 3—Admissibility of evidence
Part 3.1—Relevance
- 55 Relevant evidence
- 56 Relevant evidence to be admissible
- 57 Provisional relevance
- 58 Inferences as to relevance
Part 3.2—Hearsay
- Division 1—The hearsay rule
- Division 2—First hand hearsay
- Division 3—Other exceptions to the hearsay rule
Part 3.3—Opinion
- 76 The opinion rule
- 77 Exception: evidence relevant otherwise than as opinion evidence
- 78 Exception: lay opinions
- 78A Exception: Aboriginal and Torres Strait Islander traditional laws and customs
- 79 Exception: opinions based on specialised knowledge
- 80 Ultimate issue and common knowledge rules abolished
Part 3.4—Admissions
- 81 Hearsay and opinion rules: exception for admissions and related representations
- 82 Exclusion of evidence of admissions that is not first hand
- 83 Exclusion of evidence of admissions as against third parties
- 84 Exclusion of admissions influenced by violence and certain other conduct
- 85 Criminal proceedings: reliability of admissions by defendants
- 86 Exclusion of records of oral questioning
- 87 Admissions made with authority
- 88 Proof of admissions
- 89 Evidence of silence
- 90 Discretion to exclude admissions
Part 3.5—Evidence of judgments and convictions
- 91 Exclusion of evidence of judgments and convictions
- 92 Exceptions
- 93 Savings
Part 3.6—Tendency and coincidence
- 94 Application
- 95 Use of evidence for other purposes
- 96 Failure to act
- 97 The tendency rule
- 98 The coincidence rule
- 99 Requirements for notices
- 100 Court may dispense with notice requirements
- 101 Further restrictions on tendency evidence and coincidence evidence adduced by prosecution
Part 3.7—Credibility
- Division 1—Credibility evidence
  - 101A Credibility evidence
- Division 2—Credibility of witnesses
- Division 3—Credibility of persons who are not witnesses
  - 108A Admissibility of evidence of credibility of person who has made a previous representation
  - 108B Further protections: previous representations of an accused who is not a witness
- Division 4—Persons with specialised knowledge
  - 108C Exception: evidence of persons with specialised knowledge
Part 3.8—Character
- 109 Application
- 110 Evidence about character of accused persons
- 111 Evidence about character of co accused
- 112 Leave required to cross examine about character of accused or co accused
Part 3.9—Identification evidence
- 113 Application of Part
- 114 Exclusion of visual identification evidence
- 115 Exclusion of evidence of identification by pictures
- 116 Directions to jury
Part 3.10—Privileges
- Division 1—Client legal privilege
- Division 1C—Journalist privilege
  - 126J Definitions
  - 126K Journalist privilege relating to identity of informant
- Division 2—Other privileges
- Division 3—Evidence excluded in the public interest
- Division 4—General
Part 3.11—Discretionary and mandatory exclusions
- 135 General discretion to exclude evidence
- 136 General discretion to limit use of evidence
- 137 Exclusion of prejudicial evidence in criminal proceedings
- 138 Discretion to exclude improperly or illegally obtained evidence
- 139 Cautioning of persons
Chapter 4—Proof
Part 4.1—Standard of proof
- 140 Civil proceedings: standard of proof
- 141 Criminal proceedings: standard of proof
- 142 Admissibility of evidence: standard of proof
Part 4.2—Judicial notice
- 143 Matters of law
- 144 Matters of common knowledge
- 145 Certain Crown certificates
Part 4.3—Facilitation of proof
- Division 1—General
- Division 2—Matters of official record
- Division 3—Matters relating to post and communications
Part 4.4—Corroboration
- 164 Corroboration requirements abolished
Part 4.5—Warnings and information
- 165 Unreliable evidence
- 165A Warnings in relation to children’s evidence
- 165B Delay in prosecution
Part 4.6—Ancillary provisions
- Division 1—Requests to produce documents or call witnesses
- Division 2—Proof of certain matters by affidavits or written statements
- Division 3—Foreign law
- Division 4—Procedures for proving other matters
Chapter 5—Miscellaneous
- 182 Application of certain sections in relation to Commonwealth records, postal articles sent by Commonwealth agencies and certain Commonwealth documents
- 183 Inferences
- 184 Accused may admit matters and give consents
- 185 Faith and credit to be given to documents properly authenticated
- 186 Swearing of affidavits before justices of the peace, notaries public and lawyers
- 187 Abolition of the privilege against self incrimination for bodies corporate
- 188 Impounding documents
- 189 The voir dire
- 190 Waiver of rules of evidence
- 191 Agreements as to facts
- 192 Leave, permission or direction may be given on terms
- 192A Advance rulings and findings
- 193 Additional powers
- 195 Prohibited question not to be published
- 197 Regulations
Schedule—Oaths and Affirmations
Dictionary
Part 1—Definitions
Part 2—Other Expressions
- 1 References to businesses
- 2 References to examination in chief, cross examination and re examination
- 3 References to civil penalties
- 4 Unavailability of persons
- 5 Unavailability of documents and things
- 6 Representations in documents
- 7 Witnesses
- 8 References to documents
- 8A References to offices etc.
- 9 References to laws
- 10 References to children and parents
- 11 References to de facto partners
Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history

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Evidence Act 1995

Annual survey

Evidence Act 1995

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