{"id":"evidence-national-uniform-legislation-act-2011","name":"Evidence (National Uniform Legislation) Act 2011","slug":"evidence-national-uniform-legislation-act-2011","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30079,"registerId":"nt-evidence-national-uniform-legislation-act-2011-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"1 Formal matters","content":"Part 1.1 Formal matters\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Evidence (National Uniform\nLegislation) Act 2011.\n\nEvidence (National Uniform Legislation) Act 2011 2\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\n(1) This Part and the Dictionary at the end of this Act commence on the\nday on which the Administrator's assent to this Act is declared.\n(2) The remaining provisions of this Act commence on the day fixed by\nthe Administrator by Gazette notice.\n","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Object of Act","content":"2A Object of Act\nThe object of this Act is to make fresh provision for the law of\nevidence that is uniform with the following laws of the\nCommonwealth, New South Wales and Victoria:\n(a) the Evidence Act 1995 (Cth) (the Commonwealth Act);\n(b) the Evidence Act 1995 (NSW) (the NSW Act);\n(c) the Evidence Act 2008 (Vic) (the Victorian Act).\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\n(1) Expressions used in this Act (or in a particular provision of this Act)\nthat are defined in the Dictionary at the end of this Act have the\nmeanings given to them in the Dictionary.\n(2) Notes included in this Act are explanatory notes and do not form\npart of this Act.\nNotes for section 3\n1 Some expressions used in this Act are defined in the Interpretation Act and\nhave the meanings given to them in that Act.\n2 The Commonwealth Act and NSW Act include an additional subsection (3)\nregarding definitions which is unnecessary in the Territory because of\nsection 18 of the Interpretation Act.\n","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Courts and proceedings to which Act applies","content":"4 Courts and proceedings to which Act applies\n(1) This Act applies to all proceedings in a Territory court, including\nproceedings that:\n(a) relate to bail; or\n(b) are interlocutory proceedings or proceedings of a similar kind;\nor\n(c) are heard in chambers; or\n\nEvidence (National Uniform Legislation) Act 2011 3\n(d) subject to subsection (2), relate to sentencing.\n(2) If such a proceeding relates to sentencing:\n(a) this Act applies only if the court directs that the law of\nevidence applies in the proceeding; and\n(b) if the court specifies in the direction that the law of evidence\napplies only in relation to specified matters – the direction has\neffect accordingly.\n(3) The court must make a direction if:\n(a) a party to the proceeding applies for such a direction in\nrelation to the proof of a fact; and\n(b) in the court's opinion, the proceeding involves proof of that\nfact, and that fact is or will be significant in determining a\nsentence to be imposed in the proceeding.\n(4) The court must make a direction if the court considers it appropriate\nto make such a direction in the interests of justice.\n(5) In this section, a proceeding that relates to sentencing includes a\nproceeding for an order under Part 5 of the Sentencing Act 1995 or\nPart 5, Division 9 of the Traffic Act 1987.\nNotes for section 4\n1 Section 4 of the Commonwealth Act differs from this section. It applies that\nAct to proceedings in a federal court or an Australian Capital Territory court.\nSome provisions of the Commonwealth Act extend beyond proceedings in\nfederal courts and Australian Capital Territory courts (see sections 5, 185,\n186 and 187 of the Commonwealth Act).\n2 Territory court is defined in the Dictionary. The definition includes persons or\nbodies required to apply the laws of evidence.\n3 The Commonwealth Act includes 2 additional subsections that exclude the\napplication of that Act to appeals from a court of a State or Territory (including\nappeals from a court exercising federal jurisdiction) and certain other courts.\n4 Provisions in other Territory Acts which relieve courts from the obligation to\napply the rules of evidence in certain proceedings are preserved by section 8\nof this Act. These include, for example:\n• section 39 of the Coroners Act 1993;\n• section 93(2) of the Care and Protection of Children Act 2007;\n• section 257(2) of the Electoral Act 2004;\n• section 49(2) of the Ombudsman Act 2009;\n• section 60 of the Independent Commissioner Against Corruption Act 2017.\n","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Subsection (5) is not included in the Commonwealth Act or NSW Act.","content":"5 Subsection (5) is not included in the Commonwealth Act or NSW Act.\n\nEvidence (National Uniform Legislation) Act 2011 4\n5 Extended application of certain provisions\nNote for section 5\nThe Commonwealth Act includes a provision that extends the application of\nspecified provisions of that Act to proceedings in all Australian courts.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Territories","content":"6 Territories\nNote for section 6\nThe Commonwealth Act includes a provision extending that Act to each external\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Act binds Crown","content":"7 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Operation of Acts","content":"8 Operation of Acts\nThis Act does not affect the operation of the provisions of any other\nAct.\nNote for section 8\nThe Commonwealth Act includes additional subsections relating to the operation\nof the Corporations Act 2001 (Cth), the Australian Securities and Investments\nCommission Act 2001 (Cth) and certain laws in force in the Australian Capital\nTerritory. It also provides for the regulations to have continued effect (until\namended) after the commencement of the Commonwealth section.\n","sortOrder":9},{"sectionNumber":"8A","sectionType":"section","heading":"Application of Criminal Code","content":"8A Application of Criminal Code\nAn offence against this Act is an offence to which Part IIAA of the\nCriminal Code applies.\nNotes for section 8A\n1 Part IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof.\nIt also defines, or elaborates on, certain concepts commonly used in the\ncreation of offences.\n2 Section 8A is not included in the NSW Act and Victorian Act.\n","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Application of common law and equity","content":"9 Application of common law and equity\n(1) This Act does not affect the operation of a principle or rule of\ncommon law or equity in relation to evidence in a proceeding to\nwhich this Act applies, except so far as this Act provides otherwise\nexpressly or by necessary intendment.\n\nEvidence (National Uniform Legislation) Act 2011 5\n(2) Without limiting subsection (1), this Act does not affect the\noperation of such a principle or rule so far as it relates to any of the\n(a) admission or use of evidence of reasons for a decision of a\nmember of a jury, or of the deliberations of a member of a jury\nin relation to such a decision, in a proceeding by way of\nappeal from a judgment, decree, order or sentence of a court;\n(b) the operation of a legal or evidential presumption that is not\ninconsistent with this Act;\n(c) a court's power to dispense with the operation of a rule of\nevidence or procedure in an interlocutory proceeding.\nNote for section 9\nThis section differs from section 9 of the Commonwealth Act. That section\npreserves the written and unwritten laws of States and Territories in relation to\nvarious matters.\n","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Parliamentary privilege preserved","content":"10 Parliamentary privilege preserved\n(1) This Act does not affect the law relating to the privileges of any\nAustralian Parliament or any House of any Australian Parliament.\n(2) In particular, section 15(2) does not affect, and is in addition to, the\nlaw relating to such privileges.\n","sortOrder":12},{"sectionNumber":"10A","sectionType":"section","heading":"Application of section 127A","content":"10A Application of section 127A\nDespite any provision to the contrary in this Act or in any other Act,\nsection 127A applies to all proceedings before the court or a judicial\nentity, irrespective of whether the judicial entity is required to apply\nthe rules or laws of evidence.\n","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"General powers of a court","content":"11 General powers of a court\n(1) The power of a court to control the conduct of a proceeding is not\naffected by this Act, except so far as this Act provides otherwise\nexpressly or by necessary intendment.\n(2) In particular, the powers of a court with respect to abuse of process\nin a proceeding are not affected.\n\nEvidence (National Uniform Legislation) Act 2011 6\nIntroductory note\nThis Chapter is about ways in which evidence is adduced.\nPart 2.1 is about adducing evidence from witnesses.\nPart 2.2 is about adducing documentary evidence.\nPart 2.3 is about adducing other forms of evidence.\n12 Competence and compellability\nExcept as otherwise provided by this Act:\n(a) every person is competent to give evidence; and\n(b) a person who is competent to give evidence about a fact is\ncompellable to give that evidence.\n","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Competence – lack of capacity","content":"13 Competence – lack of capacity\n(1) A person is not competent to give evidence about a fact if, for any\nreason (including a mental, intellectual or physical disability):\n(a) the person does not have the capacity to understand a\nquestion about the fact; or\n(b) the person does not have the capacity to give an answer that\ncan be understood to a question about the fact;\nand that incapacity cannot be overcome.\nSee sections 30 and 31 for examples of assistance that may be provided to\nenable witnesses to overcome disabilities.\n(2) A person who, because of subsection (1), is not competent to give\nevidence about a fact may be competent to give evidence about\nother facts.\n\nEvidence (National Uniform Legislation) Act 2011 7\n(3) A person who is competent to give evidence about a fact is not\ncompetent to give evidence on oath about the fact if the person\ndoes not have the capacity to understand that, in giving evidence,\nhe or she is under an obligation to give truthful evidence.\n(4) A person who is not competent to give evidence on oath about a\nfact may, subject to subsection (5), be competent to give evidence\nabout the fact otherwise than on oath.\n(5) A person who, because of subsection (3), is not competent to give\nevidence on oath is competent to give evidence otherwise than on\noath if the court has told the person:\n(a) that it is important to tell the truth; and\n(b) that he or she may be asked questions that he or she does not\nknow, or cannot remember, the answer to, and that he or she\nshould tell the court if this occurs; and\n(c) that he or she may be asked questions that suggest certain\nstatements are true or untrue and that he or she should agree\nwith the statements that he or she believes are true and\nshould feel no pressure to agree with statements that he or\nshe believes are untrue.\n(6) It is presumed, unless the contrary is proved, that a person is not\nincompetent because of this section.\n(7) Evidence that has been given by a witness does not become\ninadmissible merely because, before the witness finishes giving\nevidence, he or she dies or ceases to be competent to give\n(8) For the purpose of determining a question arising under this\nsection, the court may inform itself as it thinks fit, including by\nobtaining information from a person who has relevant specialised\nknowledge based on the person's training, study or experience.\n","sortOrder":15},{"sectionNumber":"14","sectionType":"section","heading":"Compellability – reduced capacity","content":"14 Compellability – reduced capacity\nA person is not compellable to give evidence on a particular matter\nif the court is satisfied that:\n(a) substantial cost or delay would be incurred in ensuring that the\nperson would have the capacity to understand a question\nabout the matter or to give an answer that can be understood\nto a question about the matter; and\n(b) adequate evidence on that matter has been given, or will be\nable to be given, from one or more other persons or sources.\n\nEvidence (National Uniform Legislation) Act 2011 8\n","sortOrder":16},{"sectionNumber":"15","sectionType":"section","heading":"Compellability – Sovereign and others","content":"15 Compellability – Sovereign and others\n(1) None of the following is compellable to give evidence:\n(a) the Sovereign;\n(b) the Governor-General;\n(c) the Governor of a State;\n(d) the Administrator of a Territory;\n(e) a foreign sovereign or the Head of State of a foreign country.\n(2) A member of a House of an Australian Parliament is not\ncompellable to give evidence if the member would, if compelled to\ngive evidence, be prevented from attending:\n(a) a sitting of that House, or a joint sitting of that Parliament; or\n(b) a meeting of a committee of that House or that Parliament,\nbeing a committee of which he or she is a member.\n","sortOrder":17},{"sectionNumber":"16","sectionType":"section","heading":"Competence and compellability – judges and jurors","content":"16 Competence and compellability – judges and jurors\n(1) A person who is a judge or juror in a proceeding is not competent to\ngive evidence in that proceeding. However, a juror is competent to\ngive evidence in the proceeding about matters affecting the conduct\nof the proceeding.\n(2) A person who is or was a judge in an Australian or overseas\nproceeding is not compellable to give evidence about that\nproceeding unless the court gives leave.\n","sortOrder":18},{"sectionNumber":"17","sectionType":"section","heading":"Competence and compellability – defendants in criminal","content":"17 Competence and compellability – defendants in criminal\nproceedings\n(1) This section applies only in a criminal proceeding.\n(2) A defendant is not competent to give evidence as a witness for the\nprosecution.\n(3) An associated defendant is not compellable to give evidence for or\nagainst a defendant in a criminal proceeding, unless the associated\ndefendant is being tried separately from the defendant.\n\nEvidence (National Uniform Legislation) Act 2011 9\n(4) If a witness is an associated defendant who is being tried jointly\nwith the defendant in the proceeding, the court is to satisfy itself (if\nthere is a jury, in the jury's absence) that the witness is aware of the\neffect of subsection (3).\nNote for subsections (3) and (4)\nassociated defendant is defined in the Dictionary.\n","sortOrder":19},{"sectionNumber":"18","sectionType":"section","heading":"Compellability of spouses and others in criminal proceedings","content":"18 Compellability of spouses and others in criminal proceedings\ngenerally\n(1) This section applies only in a criminal proceeding.\n(2) A person who, when required to give evidence, is the spouse, de\nfacto partner, parent or child of a defendant may object to being\nrequired:\n(a) to give evidence; or\n(b) to give evidence of a communication between the person and\nthe defendant;\nas a witness for the prosecution.\n(3) The objection is to be made before the person gives the evidence\nor as soon as practicable after the person becomes aware of the\nright so to object, whichever is the later.\n(4) If it appears to the court that a person may have a right to make an\nobjection under this section, the court is to satisfy itself that the\nperson is aware of the effect of this section as it may apply to the\nperson.\n(5) If there is a jury, the court is to hear and determine any objection\nunder this section in the absence of the jury.\n(6) A person who makes an objection under this section to giving\nevidence or giving evidence of a communication must not be\nrequired to give the evidence if the court finds that:\n(a) there is a likelihood that harm would or might be caused\n(whether directly or indirectly) to the person, or to the\nrelationship between the person and the defendant, if the\nperson gives the evidence; and\n(b) the nature and extent of that harm outweighs the desirability of\nhaving the evidence given.\n\nEvidence (National Uniform Legislation) Act 2011 10\n(7) Without limiting the matters that may be taken into account by the\ncourt for the purposes of subsection (6), it must take into account\n(a) the nature and gravity of the offence for which the defendant is\nbeing prosecuted;\n(b) the substance and importance of any evidence that the person\nmight give and the weight that is likely to be attached to it;\n(c) whether any other evidence concerning the matters to which\nthe evidence of the person would relate is reasonably\navailable to the prosecutor;\n(d) the nature of the relationship between the defendant and the\nperson;\n(e) whether, in giving the evidence, the person would have to\ndisclose matter that was received by the person in confidence\nfrom the defendant.\n(8) If an objection under this section has been determined, the\nprosecutor may not comment on:\n(a) the objection; or\n(b) the decision of the court in relation to the objection; or\n(c) the failure of the person to give evidence.\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Compellability of spouses and others in certain criminal","content":"19 Compellability of spouses and others in certain criminal\nproceedings\nSection 18 does not apply in a proceeding for any of the following\noffences:\n(b) an offence against a law of the Territory where the alleged\nvictim is a person under the age of 16 years;\n(c) an offence that is a DVO contravention offence as defined in\nsection 4 of the Domestic and Family Violence Act 2007;\n(ca) an offence constituted by, or involving, conduct that is\ndomestic violence as defined in section 5 of the Domestic and\nFamily Violence Act 2007;\n\nEvidence (National Uniform Legislation) Act 2011 11\n(d) an offence against section 43BI, or a provision in Part VIII, of\nthe Criminal Code 1983 in relation to an offence mentioned in\nparagraph (b).\nNote for section 19\nThis section differs from section 19 of the Commonwealth Act, NSW Act and\nVictorian Act.\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Comment on failure to give evidence","content":"20 Comment on failure to give evidence\n(1) This section applies only in a criminal proceeding for an indictable\noffence.\n(2) The judge or any party (other than the prosecutor) may comment\non a failure of the defendant to give evidence. However, unless the\ncomment is made by another defendant in the proceeding, the\ncomment must not suggest that the defendant failed to give\nevidence because the defendant was, or believed that he or she\nwas, guilty of the offence concerned.\n(3) The judge or any party (other than the prosecutor) may comment\non a failure to give evidence by a person who, at the time of the\nfailure, was:\n(a) the defendant's spouse or de facto partner; or\n(b) a parent or child of the defendant.\n(4) However, unless the comment is made by another defendant in the\nproceeding, a comment of a kind referred to in subsection (3) must\nnot suggest that the spouse, de facto partner, parent or child failed\nto give evidence because:\n(a) the defendant was guilty of the offence concerned; or\n(b) the spouse, de facto partner, parent or child believed that the\ndefendant was guilty of the offence concerned.\n(5) If:\n(a) 2 or more persons are being tried together for an indictable\noffence; and\n(b) comment is made by any of those persons on the failure of\nany of those persons or of the spouse or de facto partner, or a\nparent or child, of any of those persons to give evidence;\nthe judge may, in addition to commenting on the failure to give\nevidence, comment on any comment of a kind referred to in\nparagraph (b).\n\nEvidence (National Uniform Legislation) Act 2011 12\n","sortOrder":22},{"sectionNumber":"21","sectionType":"section","heading":"Evidence of witnesses to be on oath","content":"21 Evidence of witnesses to be on oath\n(1) A witness in a proceeding must take an oath before giving\n(2) Subsection (1) does not apply to a person who gives evidence\notherwise than on oath under section 13.\n(3) A person who is called merely to produce a document or thing to\nthe court need not take an oath.\nNote for section 21\nThis section departs from the corresponding provision in other jurisdictions\nbecause of the provisions in the Oaths, Affidavits and Declarations Act 2010.\n","sortOrder":23},{"sectionNumber":"22","sectionType":"section","heading":"Interpreters to act on oath","content":"22 Interpreters to act on oath\n(1) A person must take an oath before acting as an interpreter in a\n(1A) An oath taken by a person before acting as an interpreter on a day\nis taken for the purposes of subsection (1) to be an oath taken by\nthat person for the purposes of any subsequent proceedings in that\ncourt on that day in which the person acts as an interpreter.\nNotes for section 22\n1 The Commonwealth Act does not include subsection (1A).\n2 This section departs from the corresponding provision in other jurisdictions\nbecause of the provisions in the Oaths, Affidavits and Declarations Act 2010.\n23 Choice of oath or affirmation\nNote for section 23\nThis section is not needed because of the provisions in the Oaths, Affidavits and\nDeclarations Act 2010.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Requirements for oaths","content":"24 Requirements for oaths\nNote for section 24\nThis section is not needed because of the provisions in the Oaths, Affidavits and\nDeclarations Act 2010.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Rights to make unsworn statements unaffected","content":"25 Rights to make unsworn statements unaffected\nNote for section 25\nThe Commonwealth Act formerly included a provision that preserves any right\nthat a defendant in a criminal proceeding has under a law of a State or Territory\nto make an unsworn statement. That provision has now been repealed.\n\nEvidence (National Uniform Legislation) Act 2011 13\n","sortOrder":26},{"sectionNumber":"26","sectionType":"section","heading":"Court's control over questioning of witness","content":"26 Court's control over questioning of witness\nThe court may make such orders as it considers just in relation to:\n(a) the way in which witnesses are to be questioned; and\n(b) the production and use of documents and things in connection\nwith the questioning of witnesses; and\n(c) the order in which parties may question a witness; and\n(d) the presence and behaviour of any person in connection with\nthe questioning of witnesses.\n","sortOrder":27},{"sectionNumber":"27","sectionType":"section","heading":"Parties may question witnesses","content":"27 Parties may question witnesses\nA party may question any witness, except as provided by this Act.\n","sortOrder":28},{"sectionNumber":"28","sectionType":"section","heading":"Order of examination in chief, cross-examination and","content":"28 Order of examination in chief, cross-examination and\nre-examination\nUnless the court otherwise directs:\n(a) cross-examination of a witness is not to take place before the\nexamination in chief of the witness; and\n(b) re-examination of a witness is not to take place before all\nother parties who wish to do so have cross-examined the\n","sortOrder":29},{"sectionNumber":"29","sectionType":"section","heading":"Manner and form of questioning witnesses and their","content":"29 Manner and form of questioning witnesses and their\nresponses\n(1) A party may question a witness in any way the party thinks fit,\nexcept as provided by this Chapter or as directed by the court.\n(2) A court may, on its own motion or on the application of the party\nthat called the witness, direct that the witness give evidence wholly\nor partly in narrative form.\n(3) Such a direction may include directions about the way in which\nevidence is to be given in that form.\n(4) Evidence may be given in the form of charts, summaries or other\nexplanatory material if it appears to the court that the material\nwould be likely to aid its comprehension of other evidence that has\nbeen given or is to be given.\n\nEvidence (National Uniform Legislation) Act 2011 14\n","sortOrder":30},{"sectionNumber":"30","sectionType":"section","heading":"Interpreter","content":"30 Interpreter\nA witness may give evidence about a fact through an interpreter\nunless the witness can understand and speak the English language\nsufficiently to enable the witness to understand, and to make an\nadequate reply to, questions that may be put about the fact.\n","sortOrder":31},{"sectionNumber":"31","sectionType":"section","heading":"Deaf and mute witnesses","content":"31 Deaf and mute witnesses\n(1) A witness who cannot hear adequately may be questioned in any\nappropriate way.\n(2) A witness who cannot speak adequately may give evidence by any\nappropriate means.\n(3) The court may give directions concerning either or both of the\n(a) the way in which a witness may be questioned under\nsubsection (1);\n(b) the means by which a witness may give evidence under\nsubsection (2).\n(4) This section does not affect the right of a witness to whom this\nsection applies to give evidence about a fact through an interpreter\nunder section 30.\n","sortOrder":32},{"sectionNumber":"32","sectionType":"section","heading":"Attempts to revive memory in court","content":"32 Attempts to revive memory in court\n(1) A witness must not, in the course of giving evidence, use a\ndocument to try to revive his or her memory about a fact or opinion\ndeciding whether to give leave, it is to take into account:\n(a) whether the witness will be able to recall the fact or opinion\nadequately without using the document; and\n(b) whether so much of the document as the witness proposes to\nuse is, or is a copy of, a document that:\n(i) was written or made by the witness when the events\nrecorded in it were fresh in his or her memory; or\n(ii) was, at such a time, found by the witness to be accurate.\n\nEvidence (National Uniform Legislation) Act 2011 15\n(3) If a witness has, while giving evidence, used a document to try to\nrevive his or her memory about a fact or opinion, the witness may,\nwith the leave of the court, read aloud, as part of his or her\nevidence, so much of the document as relates to that fact or\nopinion.\n(4) The court is, on the request of a party, to give such directions as\nthe court thinks fit to ensure that so much of the document as\nrelates to the proceeding is produced to that party.\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Evidence given by police officers","content":"33 Evidence given by police officers\n(1) Despite section 32, in any criminal proceeding, a police officer may\ngive evidence in chief for the prosecution by reading or being led\nthrough a written statement previously made by the police officer.\n(2) Evidence may not be so given unless:\n(a) the statement was made by the police officer at the time of or\nsoon after the occurrence of the events to which it refers; and\n(b) the police officer signed the statement when it was made; and\n(c) a copy of the statement had been given to the person charged\nor to the person's Australian legal practitioner or legal counsel\na reasonable time before the hearing of the evidence for the\nprosecution.\n(3) A reference in this section to a police officer includes a reference to\na person who, at the time the statement concerned was made, was\na police officer.\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Attempts to revive memory out of court","content":"34 Attempts to revive memory out of court\n(1) The court may, on the request of a party, give such directions as\nare appropriate to ensure that specified documents and things used\nby a witness otherwise than while giving evidence to try to revive\nhis or her memory are produced to the party for the purposes of the\n(2) The court may refuse to admit the evidence given by the witness so\nfar as it concerns a fact as to which the witness so tried to revive\nhis or her memory if, without reasonable excuse, the directions\nhave not been complied with.\n\nEvidence (National Uniform Legislation) Act 2011 16\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Effect of calling for production of documents","content":"35 Effect of calling for production of documents\n(1) A party is not to be required to tender a document only because the\nparty, whether under this Act or otherwise:\n(a) called for the document to be produced to the party; or\n(b) inspected it when it was so produced.\n(2) The party who produces a document so called for is not entitled to\ntender it only because the party to whom it was produced, or who\ninspected it, fails to tender it.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Person may be examined without subpoena or other process","content":"36 Person may be examined without subpoena or other process\n(1) The court may order a person who:\n(a) is present at the hearing of a proceeding; and\n(b) is compellable to give evidence in the proceeding;\nto give evidence and to produce documents or things even if a\nsubpoena or other process requiring the person to attend for that\npurpose has not been duly served on the person.\n(2) A person so ordered to give evidence or to produce documents or\nthings is subject to the same penalties and liabilities as if the person\nhad been duly served with such a subpoena or other process.\n(3) A party who inspects a document or thing produced to the court\nbecause of subsection (1) need not use the document in evidence.\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Leading questions","content":"37 Leading questions\n(1) A leading question must not be put to a witness in examination in\nchief or in re-examination unless:\n(a) the court gives leave; or\n(b) the question relates to a matter introductory to the witness's\nevidence; or\n(c) no objection is made to the question and (leaving aside the\nparty conducting the examination in chief or re-examination)\neach other party to the proceeding is represented by an\nAustralian legal practitioner, legal counsel or prosecutor; or\n(d) the question relates to a matter that is not in dispute; or\n\nEvidence (National Uniform Legislation) Act 2011 17\n(e) if the witness has specialised knowledge based on the\nwitness's training, study or experience – the question is asked\nfor the purpose of obtaining the witness's opinion about a\nhypothetical statement of facts, being facts in respect of which\nevidence has been, or is intended to be, given.\n(2) Unless the court otherwise directs, subsection (1) does not apply in\ncivil proceedings to a question that relates to an investigation,\ninspection or report that the witness made in the course of carrying\nout public or official duties.\n(3) Subsection (1) does not prevent a court from exercising power\nunder rules of court to allow a written statement or report to be\ntendered or treated as evidence in chief of its maker.\nNote for section 37\nLeading question is defined in the Dictionary.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"Unfavourable witnesses","content":"38 Unfavourable witnesses\n(1) A party who called a witness may, with the leave of the court,\nquestion the witness, as though the party were cross-examining the\nwitness, about:\n(a) evidence given by the witness that is unfavourable to the\n(b) a matter of which the witness may reasonably be supposed to\nhave knowledge and about which it appears to the court the\nwitness is not, in examination in chief, making a genuine\nattempt to give evidence; or\n(c) whether the witness has, at any time, made a prior\ninconsistent statement.\n(2) Questioning a witness under this section is taken to be cross-\nexamination for the purposes of this Act (other than section 39).\n(3) The party questioning the witness under this section may, with the\nleave of the court, question the witness about matters relevant only\nto the witness's credibility.\nThe rules about admissibility of evidence relevant only to credibility are set out in\n","sortOrder":39},{"sectionNumber":"Part 3","sectionType":"part","heading":"7.","content":"Part 3.7.\n(4) Questioning under this section is to take place before the other\nparties cross-examine the witness, unless the court otherwise\ndirects.\n\nEvidence (National Uniform Legislation) Act 2011 18\n(5) If the court so directs, the order in which the parties question the\nwitness is to be as the court directs.\n(6) Without limiting the matters that the court may take into account in\ndetermining whether to give leave or a direction under this section,\nit is to take into account:\n(a) whether the party gave notice at the earliest opportunity of the\nparty's intention to seek leave; and\n(b) the matters on which, and the extent to which, the witness has\nbeen, or is likely to be, questioned by another party.\n(7) A party is subject to the same liability to be cross-examined under\nthis section as any other witness if:\n(a) a proceeding is being conducted in the name of the party by or\non behalf of an insurer or other person; and\n(b) the party is a witness in the proceeding.\n","sortOrder":40},{"sectionNumber":"39","sectionType":"section","heading":"Limits on re-examination","content":"39 Limits on re-examination\nOn re-examination:\n(a) a witness may be questioned about matters arising out of\nevidence given by the witness in cross-examination; and\n(b) other questions may not be put to the witness unless the court\ngives leave.\n","sortOrder":41},{"sectionNumber":"40","sectionType":"section","heading":"Witness called in error","content":"40 Witness called in error\nA party is not to cross-examine a witness who has been called in\nerror by another party and has not been questioned by that other\nparty about a matter relevant to a question to be determined in the\n","sortOrder":42},{"sectionNumber":"41","sectionType":"section","heading":"Improper questions","content":"41 Improper questions\n(1) The court may disallow an improper question or improper\nquestioning put to a witness in cross-examination, or inform the\nwitness that it need not be answered.\n(2) The court must disallow an improper question or improper\nquestioning put to a vulnerable witness in cross-examination, or\ninform the witness that it need not be answered, unless the court is\nsatisfied that, in all the relevant circumstances of the case, it is\n\nEvidence (National Uniform Legislation) Act 2011 19\nnecessary for the question to be put.\nimproper question or improper questioning means a question or\na sequence of questions put to a witness that:\n(a) is misleading or confusing; or\n(b) is unduly annoying, harassing, intimidating, offensive,\noppressive, humiliating or repetitive; or\n(c) is put to the witness in a manner or tone that is belittling,\ninsulting or otherwise inappropriate; or\n(d) has no basis other than a stereotype (for example, a\nstereotype based on the witness's sex, race, culture, ethnicity,\nage or mental, intellectual or physical disability).\n(4) For the purposes of subsection (2), a witness is a vulnerable\nwitness if the witness:\n(a) is under the age of 18 years; or\n(b) has a cognitive impairment or an intellectual disability; or\n(c) is a witness whom the court considers to be vulnerable having\nregard to:\n(i) any relevant condition or characteristic of the witness of\nwhich the court is, or is made aware, including age,\neducation, ethnic and cultural background, gender,\nlanguage background and skills, level of maturity and\nunderstanding and personality; and\n(ii) any mental or physical disability of which the court is, or\nis made, aware and to which the witness is, or appears\nto be, subject; and\n(iii) the context in which the question is put, including:\n(A) the nature of the proceeding; and\n(B) in a criminal proceeding – the nature of the offence\nto which the proceeding relates; and\n(C) the relationship (if any) between the witness and\nany other party to the proceeding.\n\nEvidence (National Uniform Legislation) Act 2011 20\n(5) A question is not an improper question merely because:\n(a) the question challenges the truthfulness of the witness or the\nconsistency or accuracy of any statement made by the\nwitness; or\n(b) the question requires the witness to discuss a subject that\ncould be considered distasteful to, or private by, the witness.\n(6) A party may object to a question put to a witness on the ground that\nit is an improper question.\n(7) However, the duty imposed on the court by this section applies\nwhether or not an objection is raised to a particular question.\n(8) A failure by the court to disallow a question under this section, or to\ninform the witness that it need not be answered, does not affect the\nadmissibility in evidence of any answer given by the witness in\nresponse to the question.\nNotes for section 41\n1 A person must not, without the express permission of a court, print or publish\nany question that the court has disallowed under this section – see\nsection 195.\n2 Section 41 differs from the Commonwealth Act and NSW Act.\n","sortOrder":43},{"sectionNumber":"42","sectionType":"section","heading":"Leading questions","content":"42 Leading questions\n(1) A party may put a leading question to a witness in cross-\nexamination unless the court disallows the question or directs the\nwitness not to answer it.\ndeciding whether to disallow the question or give such a direction, it\nis to take into account the extent to which:\n(a) evidence that has been given by the witness in examination in\nchief is unfavourable to the party who called the witness; and\n(b) the witness has an interest consistent with an interest of the\ncross-examiner; and\n(c) the witness is sympathetic to the party conducting the cross-\nexamination, either generally or about a particular matter; and\n(d) the witness's age, or any mental, intellectual or physical\ndisability to which the witness is subject, may affect the\nwitness's answers.\n\nEvidence (National Uniform Legislation) Act 2011 21\n(3) The court is to disallow the question, or direct the witness not to\nanswer it, if the court is satisfied that the facts concerned would be\nbetter ascertained if leading questions were not used.\n(4) This section does not limit the court's power to control leading\nquestions.\nNote for section 42\nLeading question is defined in the Dictionary.\n","sortOrder":44},{"sectionNumber":"43","sectionType":"section","heading":"Prior inconsistent statements of witnesses","content":"43 Prior inconsistent statements of witnesses\n(1) A witness may be cross-examined about a prior inconsistent\nstatement alleged to have been made by the witness whether or\nnot:\n(a) complete particulars of the statement have been given to the\nwitness; or\n(b) a document containing a record of the statement has been\nshown to the witness.\n(2) If, in cross-examination, a witness does not admit that he or she\nhas made a prior inconsistent statement, the cross-examiner is not\nto adduce evidence of the statement otherwise than from the\nwitness unless, in the cross-examination, the cross-examiner:\n(a) informed the witness of enough of the circumstances of the\nmaking of the statement to enable the witness to identify the\nstatement; and\n(b) drew the witness's attention to so much of the statement as is\ninconsistent with the witness's evidence.\n(3) For the purpose of adducing evidence of the statement, a party may\nre-open the party's case.\n","sortOrder":45},{"sectionNumber":"44","sectionType":"section","heading":"Previous representations of other persons","content":"44 Previous representations of other persons\n(1) Except as provided by this section, a cross-examiner must not\nquestion a witness about a previous representation alleged to have\nbeen made by a person other than the witness.\n(2) A cross-examiner may question a witness about the representation\nand its contents if:\n(a) evidence of the representation has been admitted; or\n(b) the court is satisfied that it will be admitted.\n\nEvidence (National Uniform Legislation) Act 2011 22\n(3) If subsection (2) does not apply and the representation is contained\nin a document, the document may only be used to question a\nwitness as follows:\n(a) the document must be produced to the witness;\n(b) if the document is a tape recording, or any other kind of\ndocument from which sounds are reproduced – the witness\nmust be provided with the means (for example, headphones)\nto listen to the contents of the document without other persons\npresent at the cross-examination hearing those contents;\n(c) the witness must be asked whether, having examined (or\nheard) the contents of the document, the witness stands by\nthe evidence that he or she has given;\n(d) neither the cross-examiner nor the witness is to identify the\ndocument or disclose any of its contents.\n(4) A document that is so used may be marked for identification.\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Production of documents","content":"45 Production of documents\n(1) This section applies if a party is cross-examining or has cross-\nexamined a witness about:\n(a) a prior inconsistent statement alleged to have been made by\nthe witness that is recorded in a document; or\n(b) a previous representation alleged to have been made by\nanother person that is recorded in a document.\n(2) If the court so orders or if another party so requires, the party must\nproduce:\n(a) the document; or\n(b) such evidence of the contents of the document as is available\nto the party;\nto the court or to that other party.\n(3) The court may:\n(a) examine a document or evidence that has been so produced;\nand\n(b) give directions as to its use; and\n(c) admit it even if it has not been tendered by a party.\n\nEvidence (National Uniform Legislation) Act 2011 23\n(4) Subsection (3) does not permit the court to admit a document or\nevidence that is not admissible because of Chapter 3.\n(5) The mere production of a document to a witness who is being\ncross-examined does not give rise to a requirement that the cross-\nexaminer tender the document.\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Leave to recall witnesses","content":"46 Leave to recall witnesses\n(1) The court may give leave to a party to recall a witness to give\nevidence about a matter raised by evidence adduced by another\nparty, being a matter on which the witness was not cross-examined,\nif the evidence concerned has been admitted and:\n(a) it contradicts evidence about the matter given by the witness\nin examination in chief; or\n(b) the witness could have given evidence about the matter in\nexamination in chief.\n(2) A reference in this section to a matter raised by evidence adduced\nby another party includes a reference to an inference drawn from,\nor that the party intends to draw from, that evidence.\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Definitions","content":"47 Definitions\n(1) A reference in this Part to a document in question is a reference\nto a document as to the contents of which it is sought to adduce\n(2) A reference in this Part to a copy of a document in question\nincludes a reference to a document that is not an exact copy of the\ndocument in question but that is identical to the document in\nquestion in all relevant respects.\n","sortOrder":49},{"sectionNumber":"48","sectionType":"section","heading":"Proof of contents of documents","content":"48 Proof of contents of documents\n(1) A party may adduce evidence of the contents of a document in\nquestion by tendering the document in question or by any one or\nmore of the following methods:\n(a) adducing evidence of an admission made by another party to\nthe proceeding as to the contents of the document in question;\n\nEvidence (National Uniform Legislation) Act 2011 24\n(b) tendering a document that:\n(i) is or purports to be a copy of the document in question;\nand\n(ii) has been produced, or purports to have been produced,\nby a device that reproduces the contents of documents;\n(c) if the document in question is an article or thing by which\nwords are recorded in such a way as to be capable of being\nreproduced as sound, or in which words are recorded in a\ncode (including shorthand writing) – tendering a document that\nis or purports to be a transcript of the words;\n(d) if the document in question is an article or thing on or in which\ninformation is stored in such a way that it cannot be used by\nthe court unless a device is used to retrieve, produce or\ncollate it – tendering a document that was or purports to have\nbeen produced by use of the device;\n(e) tendering a document that:\n(i) forms part of the records of or kept by a business\n(whether or not the business is still in existence); and\n(ii) is or purports to be a copy of, or an extract from or a\nsummary of, the document in question, or is or purports\nto be a copy of such an extract or summary;\n(f) if the document in question is a public document – tendering a\ndocument that is or purports to be a copy of the document in\nquestion and that is or purports to have been printed:\n(i) by a person authorised by or on behalf of the\nGovernment to print the document or by the Government\nPrinter of the Commonwealth or by the government or\nofficial printer of a State or another Territory; or\n(ii) by the authority of the Government or administration of\nthe Territory, the Commonwealth, a State, another\nTerritory or a foreign country; or\n(iii) by authority of an Australian Parliament, a House of an\nAustralian Parliament, a committee of such a House or a\ncommittee of an Australian Parliament.\n(2) Subsection (1) applies to a document in question whether the\ndocument in question is available to the party or not.\n\nEvidence (National Uniform Legislation) Act 2011 25\n(3) If the party adduces evidence of the contents of a document under\nsubsection (1)(a), the evidence may only be used:\n(a) in respect of the party's case against the other party who\nmade the admission concerned; or\n(b) in respect of the other party's case against the party who\nadduced the evidence in that way.\n(4) A party may adduce evidence of the contents of a document in\nquestion that is not available to the party, or the existence and\ncontents of which are not in issue in the proceeding, by:\n(a) tendering a document that is a copy of, or an extract from or\nsummary of, the document in question; or\n(b) adducing from a witness evidence of the contents of the\ndocument in question.\nNotes for section 48\n1 Clause 5 of Part 2 of the Dictionary is about the availability of documents.\n2 Section 182 of the Commonwealth Act gives section 48 of the\nCommonwealth Act a wider application in relation to Commonwealth records\nand certain Commonwealth documents.\n","sortOrder":50},{"sectionNumber":"49","sectionType":"section","heading":"Documents in foreign countries","content":"49 Documents in foreign countries\nNo paragraph of section 48(1) (other than paragraph (a)) applies to\na document that is in a foreign country unless:\n(a) the party who adduces evidence of the contents of the\ndocument in question has, not less than 28 days (or such\nother period as may be prescribed by the regulations or by\nrules of court) before the day on which the evidence is\nadduced, served on each other party a copy of the document\nproposed to be tendered; or\n(b) the court directs that it is to apply.\nNote for section 49\nSection 182 of the Commonwealth Act gives section 49 of the Commonwealth\n","sortOrder":51},{"sectionNumber":"50","sectionType":"section","heading":"Proof of voluminous or complex documents","content":"50 Proof of voluminous or complex documents\n(1) The court may, on the application of a party, direct that the party\nmay adduce evidence of the contents of 2 or more documents in\nquestion in the form of a summary if the court is satisfied that it\nwould not otherwise be possible conveniently to examine the\n\nEvidence (National Uniform Legislation) Act 2011 26\nevidence because of the volume or complexity of the documents in\nquestion.\n(2) The court may only make such a direction if the party seeking to\nadduce the evidence in the form of a summary has:\n(a) served on each other party a copy of the summary that\ndiscloses the name and address of the person who prepared\nthe summary; and\n(b) given each other party a reasonable opportunity to examine or\ncopy the documents in question.\n(3) The opinion rule does not apply to evidence adduced in accordance\nwith a direction under this section.\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Original document rule abolished","content":"51 Original document rule abolished\nThe principles and rules of the common law that relate to the\nmeans of proving the contents of documents are abolished.\nNote for section 51\nSection 182 of the Commonwealth Act gives the provisions of Part 2.2 of the\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Adducing of other evidence not affected","content":"52 Adducing of other evidence not affected\nThis Act (other than this Part) does not affect the operation of any\nAustralian law or rule of practice so far as it permits evidence to be\nadduced in a way other than by witnesses giving evidence or\ndocuments being tendered in evidence.\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Views","content":"53 Views\n(1) A judge may, on application, order that a demonstration,\nexperiment or inspection be held.\n(2) A judge is not to make an order unless he or she is satisfied that:\n(a) the parties will be given a reasonable opportunity to be\npresent; and\n(b) the judge and, if there is a jury, the jury will be present.\n\nEvidence (National Uniform Legislation) Act 2011 27\n(3) Without limiting the matters that the judge may take into account in\ndeciding whether to make an order, the judge is to take into account\n(a) whether the parties will be present;\n(b) whether the demonstration, experiment or inspection will, in\nthe court's opinion, assist the court in resolving issues of fact\nor understanding the evidence;\n(c) the danger that the demonstration, experiment or inspection\nmight be unfairly prejudicial, might be misleading or confusing\nor might cause or result in undue waste of time;\n(d) in the case of a demonstration – the extent to which the\ndemonstration will properly reproduce the conduct or event to\nbe demonstrated;\n(e) in the case of an inspection – the extent to which the place or\nthing to be inspected has materially altered.\n(4) The court (including, if there is a jury, the jury) is not to conduct an\nexperiment in the course of its deliberations.\n(5) This section does not apply in relation to the inspection of an exhibit\nby the court or, if there is a jury, by the jury.\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Views to be evidence","content":"54 Views to be evidence\nThe court (including, if there is a jury, the jury) may draw any\nreasonable inference from what it sees, hears or otherwise notices\nduring a demonstration, experiment or inspection.\n\nEvidence (National Uniform Legislation) Act 2011 28\nThis Chapter is about whether evidence adduced in a proceeding is admissible.\nPart 3.1 sets out the general inclusionary rule that relevant evidence is admissible.\nPart 3.2 is about the exclusion of hearsay evidence, and exceptions to the hearsay\nrule.\nPart 3.3 is about exclusion of opinion evidence, and exceptions to the opinion rule.\nPart 3.4 is about admissions and the extent to which they are admissible as\nexceptions to the hearsay rule and the opinion rule.\nPart 3.5 is about exclusion of certain evidence of judgments and convictions.\nPart 3.6 is about exclusion of evidence of tendency or coincidence, and exceptions to\nthe tendency rule and the coincidence rule.\nPart 3.7 is about exclusion of evidence relevant only to credibility, and exceptions to\nthe credibility rule.\nPart 3.8 is about character evidence and the extent to which it is admissible as\nexceptions to the hearsay rule, the opinion rule, the tendency rule and the credibility\nrule.\nPart 3.9 is about the requirements that must be satisfied before identification\nevidence is admissible.\nPart 3.10 is about the various categories of privilege that may prevent evidence being\nadduced.\nPart 3.11 provides for the discretionary and mandatory exclusion of evidence even if\nit would otherwise be admissible.\nThe following diagram shows how this Chapter applies to particular evidence:\n\nEvidence (National Uniform Legislation) Act 2011 29\nIs the evidence relevant? (See Part 3.1.)\nDoes the hearsay rule apply? (See Part 3.2.\nSee also Part 3.4 on admissions and Part\n3.8 on character evidence.)\nDoes the opinion rule apply? (See Part 3.3.\nSee also Part 3.4 on admissions and Part\n3.8 on character evidence.)\nDoes the evidence contravene the rule\nabout evidence of judgments and\nconvictions? (See Part 3.5.)\nDoes the tendency rule or the coincidence\nrule apply? (See Part 3.6. See also Part 3.8\non character evidence.)\nDoes the credibility rule apply? (See Part\n3.7. See also Part 3.8 on character\nevidence.)\nDoes the evidence contravene the rules\nabout identification evidence? (See Part\n3.9.)\nDoes a privilege apply? (See Part 3.10.)\nShould a discretion to exclude the\nevidence be exercised or must it be\nexcluded? (See Part 3.11.)\nTHE EVIDENCE IS ADMISSIBLE\nTHE\nEVIDENCE IS\nNOT\nADMISSIBLE\nYes\nYes\nYes\nYes\nYes\nYes\nYes\nYes\nYes\nNo\nNo\nNo\nNo\nNo\nNo\nNo\nNo\nNo\n\nEvidence (National Uniform Legislation) Act 2011 30\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Relevant evidence","content":"55 Relevant evidence\n(1) The evidence that is relevant in a proceeding is evidence that, if it\nwere accepted, could rationally affect (directly or indirectly) the\nassessment of the probability of the existence of a fact in issue in\nthe proceeding.\n(2) In particular, evidence is not taken to be irrelevant only because it\nrelates only to:\n(a) the credibility of a witness; or\n(b) the admissibility of other evidence; or\n(c) a failure to adduce evidence.\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Relevant evidence to be admissible","content":"56 Relevant evidence to be admissible\n(1) Except as otherwise provided by this Act, evidence that is relevant\nin a proceeding is admissible in the proceeding.\n(2) Evidence that is not relevant in the proceeding is not admissible.\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Provisional relevance","content":"57 Provisional relevance\n(1) If the determination of the question whether evidence adduced by a\nparty is relevant depends on the court making another finding\n(including a finding that the evidence is what the party claims it to\nbe), the court may find that the evidence is relevant:\n(a) if it is reasonably open to make that finding; or\n(b) subject to further evidence being admitted at a later stage of\nthe proceeding that will make it reasonably open to make that\nfinding.\n(2) Without limiting subsection (1), if the relevance of evidence of an\nact done by a person depends on the court making a finding that\nthe person and one or more other persons had, or were acting in\nfurtherance of, a common purpose (whether to effect an unlawful\nconspiracy or otherwise), the court may use the evidence itself in\ndetermining whether the common purpose existed.\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"Inferences as to relevance","content":"58 Inferences as to relevance\n(1) If a question arises as to the relevance of a document or thing, the\ncourt may examine it and may draw any reasonable inference from\nit, including an inference as to its authenticity or identity.\n\nEvidence (National Uniform Legislation) Act 2011 31\n(2) Subsection (1) does not limit the matters from which inferences\nmay properly be drawn.\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"The hearsay rule – exclusion of hearsay evidence","content":"59 The hearsay rule – exclusion of hearsay evidence\n(1) Evidence of a previous representation made by a person is not\nadmissible to prove the existence of a fact that it can reasonably be\nsupposed that the person intended to assert by the representation.\n(2) Such a fact is in this Part referred to as an asserted fact.\n(2A) For the purposes of determining under subsection (1) whether it\ncan reasonably be supposed that the person intended to assert a\nparticular fact by the representation, the court may have regard to\nthe circumstances in which the representation was made.\nNote for subsection (2A)\nSubsection (2A) is inserted as a response to the decision of the Supreme Court\nof New South Wales in R v Hannes (2000) 158 FLR 359.\n(3) Subsection (1) does not apply to evidence of a representation\ncontained in a certificate or other document given or made under\nregulations made under an Act other than this Act to the extent to\nwhich the regulations provide that the certificate or other document\nhas evidentiary effect.\nNotes for subsection (3)\nSpecific exceptions to the hearsay rule are as follows:\n• evidence relevant for a non-hearsay purpose (section 60)\n• first-hand hearsay:\n• civil proceedings, if the maker of the representation is unavailable\n(section 63) or available (section 64)\n• criminal proceedings, if the maker of the representation is unavailable\n(section 65) or available (section 66)\n• contemporaneous statements about a person's health etc. (section 66A)\n• business records (section 69)\n• tags, labels and writing (section 70)\n• electronic communications (section 71)\n• Aboriginal and Torres Strait Islander traditional laws and customs (section 72)\n• marriage, family history or family relationships (section 73)\n• public or general rights (section 74)\n\nEvidence (National Uniform Legislation) Act 2011 32\n• use of evidence in interlocutory proceedings (section 75)\n• admissions (section 81)\n• representations about employment or authority (section 87(2))\n• exceptions to the rule excluding evidence of judgments and convictions\n(section 92(3))\n• character of and expert opinion about accused persons (sections 110\nand 111).\nOther provisions of this Act, or of other laws, may operate as further exceptions.\nExamples for section 59\n1 D is the defendant in a sexual assault trial. W has made a statement to the\npolice that X told W that X had seen D leave a night club with the victim\nshortly before the sexual assault is alleged to have occurred. Unless an\nexception to the hearsay rule applies, evidence of what X told W cannot be\ngiven at the trial.\n2 P had told W that the handbrake on W's car did not work. Unless an\nexception to the hearsay rule applies, evidence of that statement cannot be\ngiven by P, W or anyone else to prove that the handbrake was defective.\n3 W had bought a video cassette recorder and written down its serial number\non a document. Unless an exception to the hearsay rule applies, the\ndocument is inadmissible to prove that a video cassette recorder later found\nin D's possession was the video cassette recorder bought by W.\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Exception – evidence relevant for a non-hearsay purpose","content":"60 Exception – evidence relevant for a non-hearsay purpose\n(1) The hearsay rule does not apply to evidence of a previous\nrepresentation that is admitted because it is relevant for a purpose\nother than proof of an asserted fact.\n(2) This section applies whether or not the person who made the\nrepresentation had personal knowledge of the asserted fact (within\nthe meaning of section 62(2)).\nSubsection (2) is inserted as a response to the decision of the High Court of\nAustralia in Lee v The Queen (1998) 195 CLR 594.\n(3) However, this section does not apply in a criminal proceeding to\nevidence of an admission.\nThe admission might still be admissible under section 81 as an exception to the\nhearsay rule if it is \"first-hand\" hearsay – see section 82.\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Exceptions to the hearsay rule dependant on competency","content":"61 Exceptions to the hearsay rule dependant on competency\n(1) This Part does not enable use of a previous representation to prove\nthe existence of an asserted fact if, when the representation was\nmade, the person who made it was not competent to give evidence\nabout the fact because of section 13(1).\n\nEvidence (National Uniform Legislation) Act 2011 33\n(2) This section does not apply to a contemporaneous representation\nmade by a person about his or her health, feelings, sensations,\nintention, knowledge or state of mind.\nFor the admissibility of such contemporaneous representations, see section 66A.\n(3) For the purposes of this section, it is presumed, unless the contrary\nis proved, that when the representation was made the person who\nmade it was competent to give evidence about the asserted fact.\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Restriction to \"first-hand\" hearsay","content":"62 Restriction to \"first-hand\" hearsay\n(1) A reference in this Division (other than in subsection (2)) to a\nprevious representation is a reference to a previous representation\nthat was made by a person who had personal knowledge of an\n(2) A person has personal knowledge of the asserted fact if his or her\nknowledge of the fact was, or might reasonably be supposed to\nhave been, based on something that the person saw, heard or\notherwise perceived, other than a previous representation made by\nanother person about the fact.\n(3) For the purposes of section 66A, a person has personal knowledge\nof the asserted fact if it is a fact about the person's health, feelings,\nsensations, intention, knowledge or state of mind at the time the\nrepresentation referred to in that section was made.\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Exception – civil proceedings if maker not available","content":"63 Exception – civil proceedings if maker not available\n(1) This section applies in a civil proceeding if a person who made a\nprevious representation is not available to give evidence about an\n(2) The hearsay rule does not apply to:\n(a) evidence of the representation that is given by a person who\nsaw, heard or otherwise perceived the representation being\nmade; or\n(b) a document so far as it contains the representation, or another\nrepresentation to which it is reasonably necessary to refer in\norder to understand the representation.\nNotes for subsection (2)\n1 Section 67 imposes notice requirements relating to this subsection.\n\nEvidence (National Uniform Legislation) Act 2011 34\n2 Clause 4 of Part 2 of the Dictionary is about the availability of persons.\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Exception – civil proceedings if maker available","content":"64 Exception – civil proceedings if maker available\n(1) This section applies in a civil proceeding if a person who made a\nprevious representation is available to give evidence about an\n(2) The hearsay rule does not apply to:\n(a) evidence of the representation that is given by a person who\nsaw, heard or otherwise perceived the representation being\nmade; or\n(b) a document so far as it contains the representation, or another\nrepresentation to which it is reasonably necessary to refer in\norder to understand the representation;\nif it would cause undue expense or undue delay, or would not be\nreasonably practicable, to call the person who made the\nrepresentation to give evidence.\nSection 67 imposes notice requirements relating to this subsection. Section 68 is\nabout objections to notices that relate to this subsection.\n(3) If the person who made the representation has been or is to be\ncalled to give evidence, the hearsay rule does not apply to evidence\nof the representation that is given by:\n(a) that person; or\n(b) a person who saw, heard or otherwise perceived the\nrepresentation being made.\n(4) A document containing a representation to which subsection (3)\napplies must not be tendered before the conclusion of the\nexamination in chief of the person who made the representation,\nNote for section 64\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Exception – criminal proceedings if maker not available","content":"65 Exception – criminal proceedings if maker not available\n(1) This section applies in a criminal proceeding if a person who made\na previous representation is not available to give evidence about an\n\nEvidence (National Uniform Legislation) Act 2011 35\n(2) The hearsay rule does not apply to evidence of a previous\nrepresentation that is given by a person who saw, heard or\notherwise perceived the representation being made, if the\nrepresentation:\n(a) was made under a duty to make that representation or to\nmake representations of that kind; or\n(b) was made when or shortly after the asserted fact occurred and\nin circumstances that make it unlikely that the representation\nis a fabrication; or\n(c) was made in circumstances that make it highly probable that\nthe representation is reliable; or\n(d) was:\n(i) against the interests of the person who made it at the\ntime it was made; and\n(ii) made in circumstances that make it likely that the\nrepresentation is reliable.\n(3) The hearsay rule does not apply to evidence of a previous\nrepresentation made in the course of giving evidence in an\nAustralian or overseas proceeding if, in that proceeding, the\ndefendant in the proceeding to which this section is being applied:\n(a) cross-examined the person who made the representation\nabout it; or\n(b) had a reasonable opportunity to cross-examine the person\nwho made the representation about it.\n(4) If there is more than one defendant in the criminal proceeding,\nevidence of a previous representation that:\n(a) is given in an Australian or overseas proceeding; and\n(b) is admitted into evidence in the criminal proceeding because\nof subsection (3);\n\nEvidence (National Uniform Legislation) Act 2011 36\ncannot be used against a defendant who did not cross-examine,\nand did not have a reasonable opportunity to cross-examine, the\nperson about the representation.\n(5) For the purposes of subsections (3) and (4), a defendant is taken to\nhave had a reasonable opportunity to cross-examine a person if the\ndefendant was not present at a time when the cross-examination of\na person might have been conducted but:\n(a) could reasonably have been present at that time; and\n(b) if present could have cross-examined the person.\n(6) Evidence of the making of a representation to which subsection (3)\napplies may be adduced by producing a transcript, or a recording,\nof the representation that is authenticated by:\n(a) the person to whom, or the court or other body to which, the\nrepresentation was made; or\n(b) if applicable, the registrar or other proper officer of the court or\nother body to which the representation was made; or\n(c) the person or body responsible for producing the transcript or\nrecording.\n(7) Without limiting subsection (2)(d), a representation is taken for the\npurposes of that subsection to be against the interests of the\nperson who made it if it tends:\n(a) to damage the person's reputation; or\n(b) to show that the person has committed an offence for which\nthe person has not been convicted; or\n(c) to show that the person is liable in an action for damages.\n(8) The hearsay rule does not apply to:\n(a) evidence of a previous representation adduced by a defendant\nif the evidence is given by a person who saw, heard or\notherwise perceived the representation being made; or\n(b) a document tendered as evidence by a defendant so far as it\ncontains a previous representation, or another representation\nto which it is reasonably necessary to refer in order to\nunderstand the representation.\nNote for subsection (8)\n\nEvidence (National Uniform Legislation) Act 2011 37\n(9) If evidence of a previous representation about a matter has been\nadduced by a defendant and has been admitted, the hearsay rule\ndoes not apply to evidence of another representation about the\nmatter that:\n(a) is adduced by another party; and\n(b) is given by a person who saw, heard or otherwise perceived\nthe other representation being made.\nNote for section 65\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Exception – criminal proceedings if maker available","content":"66 Exception – criminal proceedings if maker available\n(1) This section applies in a criminal proceeding if a person who made\na previous representation is available to give evidence about an\n(2) If that person has been or is to be called to give evidence, the\nhearsay rule does not apply to evidence of the representation that\nis given by:\n(a) that person; or\n(b) a person who saw, heard or otherwise perceived the\nrepresentation being made;\nif, when the representation was made, the occurrence of the\nasserted fact was fresh in the memory of the person who made the\nrepresentation.\n(2A) In determining whether the occurrence of the asserted fact was\nfresh in the memory of a person, the court may take into account all\nmatters that it considers are relevant to the question, including:\n(a) the nature of the event concerned; and\n(b) the age and health of the person; and\n(c) the period of time between the occurrence of the asserted fact\nand the making of the representation.\nNote for subsection (2A)\nSubsection (2A) is inserted as a response to the decision of the High Court of\nAustralia in Graham v The Queen (1998) 195 CLR 606.\n(3) If a representation was made for the purpose of indicating the\nevidence that the person who made it would be able to give in an\nAustralian or overseas proceeding, subsection (2) does not apply to\n\nEvidence (National Uniform Legislation) Act 2011 38\nevidence adduced by the prosecutor of the representation unless\nthe representation concerns the identity of a person, place or thing.\n(4) A document containing a representation to which subsection (2)\napplies must not be tendered before the conclusion of the\nexamination in chief of the person who made the representation,\nNote for section 66\n","sortOrder":68},{"sectionNumber":"66A","sectionType":"section","heading":"Exception – contemporaneous statements about a person's","content":"66A Exception – contemporaneous statements about a person's\nhealth etc.\nThe hearsay rule does not apply to evidence of a previous\nrepresentation made by a person if the representation was a\ncontemporaneous representation about the person's health,\nfeelings, sensations, intention, knowledge or state of mind.\n","sortOrder":69},{"sectionNumber":"67","sectionType":"section","heading":"Notice to be given","content":"67 Notice to be given\n(1) Sections 63(2), 64(2) and 65(2), (3) and (8) do not apply to\nevidence adduced by a party unless that party has given\nreasonable notice in writing to each other party of the party's\nintention to adduce the evidence.\n(2) Notices given under subsection (1) are to be given in accordance\nwith any regulations or rules of court made for the purposes of this\n(3) The notice must state:\n(a) the particular provisions of this Division on which the party\nintends to rely in arguing that the hearsay rule does not apply\nto the evidence; and\n(b) if section 64(2) is such a provision – the grounds, specified in\nthat provision, on which the party intends to rely.\n(4) Despite subsection (1), if notice has not been given, the court may,\non the application of a party, direct that one or more of those\nsubsections is to apply despite the party's failure to give notice.\n(5) The direction:\n(a) is subject to such conditions (if any) as the court thinks fit; and\n(b) in particular, may provide that, in relation to specified\nevidence, the subsection or subsections concerned apply with\nsuch modifications as the court specifies.\n\nEvidence (National Uniform Legislation) Act 2011 39\n","sortOrder":70},{"sectionNumber":"68","sectionType":"section","heading":"Objections to tender of hearsay evidence in civil proceedings","content":"68 Objections to tender of hearsay evidence in civil proceedings\nif maker available\n(1) In a civil proceeding, if the notice discloses that it is not intended to\ncall the person who made the previous representation concerned\nbecause it:\n(a) would cause undue expense or undue delay; or\n(b) would not be reasonably practicable;\na party may, not later than 21 days after notice has been given,\nobject to the tender of the evidence, or of a specified part of the\n(2) The objection is to be made by giving to each other party a written\nnotice setting out the grounds on which the objection is made.\n(3) The court may, on the application of a party, determine the\nobjection at or before the hearing.\n(4) If the objection is unreasonable, the court may order that, in any\nevent, the party objecting is to bear the costs incurred by another\nparty:\n(a) in relation to the objection; and\n(b) in calling the person who made the representation to give\nNote for subsection (4)\nThis subsection differs from section 68(4) of the Commonwealth Act because of\nthe different way costs are ascertained by Territory courts.\n","sortOrder":71},{"sectionNumber":"69","sectionType":"section","heading":"Exception – business records","content":"69 Exception – business records\n(1) This section applies to a document that:\n(a) either:\n(i) is or forms part of the records belonging to or kept by a\nperson, body or organisation in the course of, or for the\npurposes of, a business; or\n(ii) at any time was or formed part of such a record; and\n\nEvidence (National Uniform Legislation) Act 2011 40\n(b) contains a previous representation made or recorded in the\ndocument in the course of, or for the purposes of, the\nbusiness.\n(2) The hearsay rule does not apply to the document (so far as it\ncontains the representation) if the representation was made:\n(a) by a person who had or might reasonably be supposed to\nhave had personal knowledge of the asserted fact; or\n(b) on the basis of information directly or indirectly supplied by a\nperson who had or might reasonably be supposed to have had\npersonal knowledge of the asserted fact.\n(3) Subsection (2) does not apply if the representation:\n(a) was prepared or obtained for the purpose of conducting, or for\nor in contemplation of or in connection with, an Australian or\noverseas proceeding; or\n(b) was made in connection with an investigation relating or\nleading to a criminal proceeding.\n(4) If:\n(a) the occurrence of an event of a particular kind is in question;\nand\n(b) in the course of a business, a system has been followed of\nmaking and keeping a record of the occurrence of all events of\nthat kind;\nthe hearsay rule does not apply to evidence that tends to prove that\nthere is no record kept, in accordance with that system, of the\noccurrence of the event.\n(5) For the purposes of this section, a person is taken to have had\npersonal knowledge of a fact if the person's knowledge of the fact\nwas or might reasonably be supposed to have been based on what\nthe person saw, heard or otherwise perceived (other than a\nprevious representation made by a person about the fact).\nNotes for section 69\n1 Sections 48, 49, 50, 146, 147 and 150(1) are relevant to the mode of proof,\nand authentication, of business records.\n2 Section 182 of the Commonwealth Act gives section 69 of the\nCommonwealth Act a wider application in relation to Commonwealth records.\n\nEvidence (National Uniform Legislation) Act 2011 41\n","sortOrder":72},{"sectionNumber":"70","sectionType":"section","heading":"Exception – contents of tags, labels and writing","content":"70 Exception – contents of tags, labels and writing\nThe hearsay rule does not apply to a tag or label attached to, or\nwriting placed on, an object (including a document) if the tag or\nlabel or writing may reasonably be supposed to have been so\nattached or placed:\n(a) in the course of a business; and\n(b) for the purpose of describing or stating the identity, nature,\nownership, destination, origin or weight of the object, or of the\ncontents (if any) of the object.\nNote for section 70\nThe Commonwealth Act has an additional subsection. It provides that the\nexception does not apply to Customs and Excise prosecutions. Section 5 of the\nCommonwealth Act extends the application of that subsection to proceedings in\nall Australian courts.\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Exception – electronic communications","content":"71 Exception – electronic communications\nThe hearsay rule does not apply to a representation contained in a\ndocument recording an electronic communication so far as the\nrepresentation is a representation as to:\n(a) the identity of the person from whom or on whose behalf the\ncommunication was sent; or\n(b) the date on which or the time at which the communication was\nsent; or\n(c) the destination of the communication or the identity of the\nperson to whom the communication was addressed.\nNotes for section 71\n1 Part 4.3, Division 3 contains presumptions about electronic communications.\n2 Section 182 of the Commonwealth Act gives section 71 of the\nCommonwealth Act a wider application in relation to Commonwealth records.\n3 Electronic communication is defined in the Dictionary.\n\nEvidence (National Uniform Legislation) Act 2011 42\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Exception – Aboriginal and Torres Strait Islander traditional","content":"72 Exception – Aboriginal and Torres Strait Islander traditional\nlaws and customs\nThe hearsay rule does not apply to evidence of a representation\nabout the existence or non-existence, or the content, of the\ntraditional laws and customs of an Aboriginal or Torres Strait\nIslander group.\nNote for section 72\nSection 72 formerly provided an exception for contemporaneous statements\nabout a person's health etc. Such provision can now be found in section 66A.\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Exception – reputation as to relationships and age","content":"73 Exception – reputation as to relationships and age\n(1) The hearsay rule does not apply to evidence of reputation\nconcerning:\n(a) whether a person was, at a particular time or at any time, a\nmarried person; or\n(b) whether 2 people cohabiting at a particular time were married\nto each other at that time; or\n(c) a person's age; or\n(d) family history or a family relationship.\n(2) In a criminal proceeding, subsection (1) does not apply to evidence\nadduced by a defendant unless:\n(a) it tends to contradict evidence of a kind referred to in\nsubsection (1) that has been admitted; or\n(b) the defendant has given reasonable notice in writing to each\nother party of the defendant's intention to adduce the\n(3) In a criminal proceeding, subsection (1) does not apply to evidence\nadduced by the prosecutor unless it tends to contradict evidence of\na kind referred to in subsection (1) that has been admitted.\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Exception – reputation of public or general rights","content":"74 Exception – reputation of public or general rights\n(1) The hearsay rule does not apply to evidence of reputation\nconcerning the existence, nature or extent of a public or general\nright.\n(2) In a criminal proceeding, subsection (1) does not apply to evidence\nadduced by the prosecutor unless it tends to contradict evidence of\na kind referred to in subsection (1) that has been admitted.\n\nEvidence (National Uniform Legislation) Act 2011 43\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Exception – interlocutory proceedings","content":"75 Exception – interlocutory proceedings\nIn an interlocutory proceeding, the hearsay rule does not apply to\nevidence if the party who adduces it also adduces evidence of its\nsource.\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"The opinion rule","content":"76 The opinion rule\n(1) Evidence of an opinion is not admissible to prove the existence of a\nfact about the existence of which the opinion was expressed.\n(2) Subsection (1) does not apply to evidence of an opinion contained\nin a certificate or other document given or made under regulations\nmade under an Act other than this Act to the extent to which the\nregulations provide that the certificate or other document has\nevidentiary effect.\nNotes for section 76\nSpecific exceptions to the opinion rule are as follows:\n• summaries of voluminous or complex documents (section 50(3))\n• evidence relevant otherwise than as opinion evidence (section 77)\n• lay opinion (section 78)\n• Aboriginal and Torres Strait Islander traditional laws and customs\n(section 78A)\n• expert opinion (section 79)\n• admissions (section 81)\n• exceptions to the rule excluding evidence of judgments and convictions\n(section 92(3))\n• character of and expert opinion about accused persons (sections 110\nand 111).\nOther provisions of this Act, or of other laws, may operate as further exceptions.\nExamples for section 76\n1 P sues D, her doctor, for the negligent performance of a surgical operation.\nUnless an exception to the opinion rule applies, P's neighbour, W, who had\nthe same operation, cannot give evidence of his opinion that D had not\nperformed the operation as well as his own.\n2 P considers that electrical work that D, an electrician, has done for her is\nunsatisfactory. Unless an exception to the opinion rule applies, P cannot give\nevidence of her opinion that D does not have the necessary skills to do\nelectrical work.\n\nEvidence (National Uniform Legislation) Act 2011 44\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Exception – evidence relevant otherwise than as opinion","content":"77 Exception – evidence relevant otherwise than as opinion\nevidence\nThe opinion rule does not apply to evidence of an opinion that is\nadmitted because it is relevant for a purpose other than proof of the\nexistence of a fact about the existence of which the opinion was\nexpressed.\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Exception – lay opinions","content":"78 Exception – lay opinions\nThe opinion rule does not apply to evidence of an opinion\nexpressed by a person if:\n(a) the opinion is based on what the person saw, heard or\notherwise perceived about a matter or event; and\n(b) evidence of the opinion is necessary to obtain an adequate\naccount or understanding of the person's perception of the\nmatter or event.\n","sortOrder":81},{"sectionNumber":"78A","sectionType":"section","heading":"Exception – Aboriginal and Torres Strait Islander traditional","content":"78A Exception – Aboriginal and Torres Strait Islander traditional\nlaws and customs\nThe opinion rule does not apply to evidence of an opinion\nexpressed by a member of an Aboriginal or Torres Strait Islander\ngroup about the existence or non-existence, or the content, of the\ntraditional laws and customs of the group.\n","sortOrder":82},{"sectionNumber":"79","sectionType":"section","heading":"Exception – opinions based on specialised knowledge","content":"79 Exception – opinions based on specialised knowledge\n(1) If a person has specialised knowledge based on the person's\ntraining, study or experience, the opinion rule does not apply to\nevidence of an opinion of that person that is wholly or substantially\nbased on that knowledge.\n(2) To avoid doubt, and without limiting subsection (1):\n(a) a reference in that subsection to specialised knowledge\nincludes a reference to specialised knowledge of child\ndevelopment and child behaviour (including specialised\nknowledge of the impact of sexual abuse on children and their\ndevelopment and behaviour during and following the abuse);\nand\n(b) a reference in that subsection to an opinion of a person\nincludes, if the person has specialised knowledge of the kind\nreferred to in paragraph (a), a reference to an opinion relating\nto either or both of the following:\n(i) the development and behaviour of children generally;\n\nEvidence (National Uniform Legislation) Act 2011 45\n(ii) the development and behaviour of children who have\nbeen victims of sexual offences, or offences similar to\nsexual offences.\n","sortOrder":83},{"sectionNumber":"80","sectionType":"section","heading":"Ultimate issue and common knowledge rules abolished","content":"80 Ultimate issue and common knowledge rules abolished\nEvidence of an opinion is not inadmissible only because it is about:\n(a) a fact in issue or an ultimate issue; or\n(b) a matter of common knowledge.\nNote for Part 3.4\nAdmission is defined in the Dictionary.\n","sortOrder":84},{"sectionNumber":"81","sectionType":"section","heading":"Hearsay and opinion rules – exception for admissions and","content":"81 Hearsay and opinion rules – exception for admissions and\nrelated representations\n(1) The hearsay rule and the opinion rule do not apply to evidence of\nan admission.\n(2) The hearsay rule and the opinion rule do not apply to evidence of a\nprevious representation:\n(a) that was made in relation to an admission at the time the\nadmission was made, or shortly before or after that time; and\n(b) to which it is reasonably necessary to refer in order to\nunderstand the admission.\nNote for section 81\nSpecific exclusionary rules relating to admissions are as follows:\n• evidence of admissions that is not first-hand (section 82)\n• use of admissions against third parties (section 83)\n• admissions influenced by violence and certain other conduct (section 84)\n• unreliable admissions of accused persons (section 85)\n• records of oral questioning of accused persons (section 86).\nExample for section 81\nD admits to W, his best friend, that he sexually assaulted V. In D's trial for the\nsexual assault, the prosecution may lead evidence from W:\n(a) that D made the admission to W as proof of the truth of that admission; and\n(b) that W formed the opinion that D was sane when he made the admission.\n\nEvidence (National Uniform Legislation) Act 2011 46\n","sortOrder":85},{"sectionNumber":"82","sectionType":"section","heading":"Exclusion of evidence of admissions that is not first-hand","content":"82 Exclusion of evidence of admissions that is not first-hand\nSection 81 does not prevent the application of the hearsay rule to\nevidence of an admission unless:\n(a) it is given by a person who saw, heard or otherwise perceived\nthe admission being made; or\n(b) it is a document in which the admission is made.\nNote for section 82\nSection 60 does not apply in a criminal proceeding to evidence of an admission.\n","sortOrder":86},{"sectionNumber":"83","sectionType":"section","heading":"Exclusion of evidence of admissions as against third parties","content":"83 Exclusion of evidence of admissions as against third parties\n(1) Section 81 does not prevent the application of the hearsay rule or\nthe opinion rule to evidence of an admission in respect of the case\nof a third party.\n(2) The evidence may be used in respect of the case of a third party if\nthat party consents.\n(3) Consent cannot be given in respect of part only of the evidence.\nthird party means a party to the proceeding concerned, other than\nthe party who:\n(a) made the admission; or\n(b) adduced the evidence.\n","sortOrder":87},{"sectionNumber":"84","sectionType":"section","heading":"Exclusion of admissions influenced by violence and certain","content":"84 Exclusion of admissions influenced by violence and certain\nother conduct\n(1) Evidence of an admission is not admissible unless the court is\nsatisfied that the admission, and the making of the admission, were\nnot influenced by:\n(a) violent, oppressive, inhuman or degrading conduct, whether\ntowards the person who made the admission or towards\nanother person; or\n(b) a threat of conduct of that kind.\n(2) Subsection (1) only applies if the party against whom evidence of\nthe admission is adduced has raised in the proceeding an issue\nabout whether the admission or its making were so influenced.\n\nEvidence (National Uniform Legislation) Act 2011 47\n","sortOrder":88},{"sectionNumber":"85","sectionType":"section","heading":"Criminal proceedings – reliability of admissions by defendants","content":"85 Criminal proceedings – reliability of admissions by defendants\n(1) This section applies only in a criminal proceeding and only to\nevidence of an admission made by a defendant:\n(a) to, or in the presence of, an investigating official who at that\ntime was performing functions in connection with the\ninvestigation of the commission, or possible commission, of an\n(b) as a result of an act of another person who was, and who the\ndefendant knew or reasonably believed to be, capable of\ninfluencing the decision whether a prosecution of the\ndefendant should be brought or should be continued.\nSubsection (1) is inserted as a response to the decision of the High Court of\nAustralia in Kelly v The Queen (2004) 218 CLR 216.\n(2) Evidence of the admission is not admissible unless the\ncircumstances in which the admission was made were such as to\nmake it unlikely that the truth of the admission was adversely\naffected.\n(3) Without limiting the matters that the court may take into account for\nthe purposes of subsection (2), it is to take into account:\n(a) any relevant condition or characteristic of the person who\nmade the admission, including age, personality and education\nand any mental, intellectual or physical disability to which the\nperson is or appears to be subject; and\n(b) if the admission was made in response to questioning:\n(i) the nature of the questions and the manner in which they\nwere put; and\n(ii) the nature of any threat, promise or other inducement\nmade to the person questioned.\n","sortOrder":89},{"sectionNumber":"86","sectionType":"section","heading":"Exclusion of records of oral questioning","content":"86 Exclusion of records of oral questioning\n(1) This section applies only in a criminal proceeding and only if an oral\nadmission was made by a defendant to an investigating official in\nresponse to a question put or a representation made by the official.\n\nEvidence (National Uniform Legislation) Act 2011 48\n(2) A document prepared by or on behalf of the official is not\nadmissible to prove the contents of the question, representation or\nresponse unless the defendant has acknowledged that the\ndocument is a true record of the question, representation or\nresponse.\n(3) The acknowledgement must be made by signing, initialling or\notherwise marking the document.\ndocument does not include:\n(a) a sound recording, or a transcript of a sound recording; or\n(b) a recording of visual images and sounds, or a transcript of the\nsounds so recorded.\n","sortOrder":90},{"sectionNumber":"87","sectionType":"section","heading":"Admissions made with authority","content":"87 Admissions made with authority\n(1) For the purpose of determining whether a previous representation\nmade by a person is also taken to be an admission by a party, the\ncourt is to admit the representation if it is reasonably open to find\nthat:\n(a) when the representation was made, the person had authority\nto make statements on behalf of the party in relation to the\nmatter with respect to which the representation was made; or\n(b) when the representation was made, the person was an\nemployee of the party, or had authority otherwise to act for the\nparty, and the representation related to a matter within the\nscope of the person's employment or authority; or\n(c) the representation was made by the person in furtherance of a\ncommon purpose (whether lawful or not) that the person had\nwith the party or one or more persons including the party.\n(2) For the purposes of this section, the hearsay rule does not apply to\na previous representation made by a person that tends to prove:\n(a) that the person had authority to make statements on behalf of\nanother person in relation to a matter; or\n(b) that the person was an employee of another person or had\nauthority otherwise to act for another person; or\n(c) the scope of the person's employment or authority.\n\nEvidence (National Uniform Legislation) Act 2011 49\n","sortOrder":91},{"sectionNumber":"88","sectionType":"section","heading":"Proof of admissions","content":"88 Proof of admissions\nFor the purpose of determining whether evidence of an admission\nis admissible, the court is to find that a particular person made the\nadmission if it is reasonably open to find that he or she made the\nadmission.\n","sortOrder":92},{"sectionNumber":"89","sectionType":"section","heading":"Evidence of silence","content":"89 Evidence of silence\n(1) In a criminal proceeding, an inference unfavourable to a party must\nnot be drawn from evidence that the party or another person failed\nor refused:\n(a) to answer one or more questions; or\n(b) to respond to a representation;\nput or made to the party or other person by an investigating official\nwho at that time was performing functions in connection with the\ninvestigation of the commission, or possible commission, of an\noffence.\n(2) Evidence of that kind is not admissible if it can only be used to draw\nsuch an inference.\n(3) Subsection (1) does not prevent use of the evidence to prove that\nthe party or other person failed or refused to answer the question or\nto respond to the representation if the failure or refusal is a fact in\nissue in the proceeding.\ninference includes:\n(a) an inference of consciousness of guilt; or\n(b) an inference relevant to a party's credibility.\n","sortOrder":93},{"sectionNumber":"90","sectionType":"section","heading":"Discretion to exclude admissions","content":"90 Discretion to exclude admissions\nIn a criminal proceeding, the court may refuse to admit evidence of\nan admission, or refuse to admit the evidence to prove a particular\nfact, if:\n(a) the evidence is adduced by the prosecution; and\n\nEvidence (National Uniform Legislation) Act 2011 50\n(b) having regard to the circumstances in which the admission\nwas made, it would be unfair to a defendant to use the\nNote for section 90\nPart 3.11 contains other exclusionary discretions that are applicable to\nadmissions.\n","sortOrder":94},{"sectionNumber":"91","sectionType":"section","heading":"Exclusion of evidence of judgments and convictions","content":"91 Exclusion of evidence of judgments and convictions\n(1) Evidence of the decision, or of a finding of fact, in an Australian or\noverseas proceeding is not admissible to prove the existence of a\nfact that was in issue in that proceeding.\n(2) Evidence that, under this Part, is not admissible to prove the\nexistence of a fact may not be used to prove that fact even if it is\nrelevant for another purpose.\nNote for section 91\nSection 178 (Convictions, acquittals and other judicial proceedings) provides for\ncertificate evidence of decisions.\n","sortOrder":95},{"sectionNumber":"92","sectionType":"section","heading":"Exceptions","content":"92 Exceptions\n(1) Section 91(1) does not prevent the admission or use of evidence of\nthe grant of probate, letters of administration or a similar order of a\ncourt to prove:\n(a) the death, or date of death, of a person; or\n(b) the due execution of a testamentary document.\n(2) In a civil proceeding, section 91(1) does not prevent the admission\nor use of evidence that a party, or a person through or under whom\na party claims, has been convicted of an offence, not being a\nconviction:\n(a) in respect of which a review or appeal (however described)\nhas been instituted but not finally determined; or\n(b) that has been quashed or set aside; or\n(c) in respect of which a pardon has been given.\n(3) The hearsay rule and the opinion rule do not apply to evidence of a\nkind referred to in this section.\n\nEvidence (National Uniform Legislation) Act 2011 51\n","sortOrder":96},{"sectionNumber":"93","sectionType":"section","heading":"Savings","content":"93 Savings\nThis Part does not affect the operation of:\n(a) a law that relates to the admissibility or effect of evidence of a\nconviction tendered in a proceeding (including a criminal\nproceeding) for defamation; or\n(b) a judgment in rem; or\n(c) the law relating to res judicata or issue estoppel.\n","sortOrder":97},{"sectionNumber":"94","sectionType":"section","heading":"Application","content":"94 Application\n(1) This Part does not apply to evidence that relates only to the\ncredibility of a witness.\n(2) This Part does not apply so far as a proceeding relates to bail or\nsentencing.\n(3) This Part does not apply to evidence of:\n(a) the character, reputation or conduct of a person; or\n(b) a tendency that a person has or had;\nif that character, reputation, conduct or tendency is a fact in issue.\n(4) To avoid doubt, any principle or rule of the common law or equity\nthat prevents or restricts the admissibility of evidence about\npropensity or similar fact evidence in a proceeding is not relevant\nwhen applying this Part to tendency evidence or coincidence\nevidence about a defendant.\n(5) In determining the probative value of tendency evidence or\ncoincidence evidence for the purposes of section 97(1)(b), 97A(4),\n98(1)(b) or 101(2), it is not open to the court to have regard to the\npossibility that the evidence may be the result of collusion,\nconcoction or contamination.\n","sortOrder":98},{"sectionNumber":"95","sectionType":"section","heading":"Use of evidence for other purposes","content":"95 Use of evidence for other purposes\n(1) Evidence that under this Part is not admissible to prove a particular\nmatter must not be used to prove that matter even if it is relevant for\nanother purpose.\n\nEvidence (National Uniform Legislation) Act 2011 52\n(2) Evidence that under this Part cannot be used against a party to\nprove a particular matter must not be used against the party to\nprove that matter even if it is relevant for another purpose.\n","sortOrder":99},{"sectionNumber":"96","sectionType":"section","heading":"Failure to act","content":"96 Failure to act\nA reference in this Part to doing an act includes a reference to\nfailing to do that act.\n","sortOrder":100},{"sectionNumber":"97","sectionType":"section","heading":"The tendency rule","content":"97 The tendency rule\n(1) Evidence of the character, reputation or conduct of a person, or a\ntendency that a person has or had, is not admissible to prove that a\nperson has or had a tendency (whether because of the person's\ncharacter or otherwise) to act in a particular way, or to have a\nparticular state of mind unless:\n(a) the party seeking to adduce the evidence gave reasonable\nnotice in writing to each other party of the party's intention to\nadduce the evidence; and\n(b) the court thinks that the evidence will, either by itself or having\nregard to other evidence adduced or to be adduced by the\nparty seeking to adduce the evidence, have significant\nprobative value.\n(2) Subsection (1)(a) does not apply if:\n(a) the evidence is adduced in accordance with any directions\nmade by the court under section 100; or\n(b) the evidence is adduced to explain or contradict tendency\nevidence adduced by another party.\nNote for section 97\nThe tendency rule is subject to specific exceptions concerning character of and\nexpert opinion about accused persons (sections 110 and 111). Other provisions\nof this Act, or of other laws, may operate as further exceptions.\n","sortOrder":101},{"sectionNumber":"97A","sectionType":"section","heading":"Admissibility of tendency evidence in proceedings involving","content":"97A Admissibility of tendency evidence in proceedings involving\nchild sexual offences\n(1) This section applies in a criminal proceeding in which the\ncommission by the defendant of an act that constitutes, or may\nconstitute, a child sexual offence is a fact in issue.\n\nEvidence (National Uniform Legislation) Act 2011 53\n(2) It is presumed that the following tendency evidence about the\ndefendant will have significant probative value for the purposes of\nsections 97(1)(b) and 101(2):\n(a) tendency evidence about the sexual interest the defendant\nhas or had in children (even if the defendant has not acted on\nthe interest);\n(b) tendency evidence about the defendant acting on a sexual\ninterest the defendant has or had in children.\n(3) Subsection (2) applies whether or not the sexual interest or act to\nwhich the tendency evidence relates was directed at a complainant\nin the proceeding, any other child or children generally.\n(4) Despite subsection (2), the court may determine that the tendency\nevidence does not have significant probative value if it is satisfied\nthat there are sufficient grounds to do so.\n(5) The following matters (whether considered individually or in\ncombination) are not to be taken into account when determining\nwhether there are sufficient grounds for the purposes of\nsubsection (4) unless the court considers there are exceptional\ncircumstances in relation to those matters (whether considered\nindividually or in combination) to warrant taking them into account:\n(a) the sexual interest or act to which the tendency evidence\nrelates (the tendency sexual interest or act) is different from\nthe sexual interest or act alleged in the proceeding (the\nalleged sexual interest or act);\n(b) the circumstances in which the tendency sexual interest or act\noccurred are different from circumstances in which the alleged\nsexual interest or act occurred;\n(c) the personal characteristics of the subject of the tendency\nsexual interest or act (for example, the subject's age, sex or\ngender) are different to those of the subject of the alleged\nsexual interest or act;\n(d) the relationship between the defendant and the subject of the\ntendency sexual interest or act is different from the\nrelationship between the defendant and the subject of the\nalleged sexual interest or act;\n(e) the period of time between the occurrence of the tendency\nsexual interest or act and the occurrence of the alleged sexual\ninterest or act;\n\nEvidence (National Uniform Legislation) Act 2011 54\n(f) the tendency sexual interest or act and alleged sexual interest\nor act do not share distinctive or unusual features;\n(g) the level of generality of the tendency to which the tendency\nevidence relates.\nchild means a person under 18 years of age.\nchild sexual offence means each of the following offences\n(however described and regardless of when it occurred):\n(a) an offence against, or arising under, a law of the Territory\ninvolving sexual intercourse with, or any other sexual offence\nagainst, a person who was a child at the time of the offence;\n(b) an offence against, or arising under, a law of the Territory\ninvolving an unlawful sexual act with, or directed towards, a\nperson who was a child at the time of the offence;\n(c) an offence against, or arising under, a law of the\nCommonwealth that:\n(i) if committed in the Territory – is an offence of a kind\nreferred to in paragraph (a) or (b); or\n(ii) if committed elsewhere – would be an offence of a kind\nreferred to in paragraph (a) or (b);\n(d) an offence against, or arising under, a law of another State,\nanother Territory or a foreign country that, if committed in the\nTerritory, would be an offence of a kind referred to in\nparagraph (a) or (b);\nbut does not include conduct of a person that has ceased to be an\noffence since the time when the person engaged in the conduct.\n","sortOrder":102},{"sectionNumber":"98","sectionType":"section","heading":"The coincidence rule","content":"98 The coincidence rule\n(1) Evidence that 2 or more events occurred is not admissible to prove\nthat a person did a particular act or had a particular state of mind on\nthe basis that, having regard to any similarities in the events or the\ncircumstances in which they occurred, or any similarities in both the\nevents and the circumstances in which they occurred, it is\nimprobable that the events occurred coincidentally unless:\n(a) the party seeking to adduce the evidence gave reasonable\nnotice in writing to each other party of the party's intention to\nadduce the evidence; and\n\nEvidence (National Uniform Legislation) Act 2011 55\n(b) the court thinks that the evidence will, either by itself or having\nregard to other evidence adduced or to be adduced by the\nparty seeking to adduce the evidence, have significant\nprobative value.\nOne of the events referred to in subsection (1) may be an event the occurrence\nof which is a fact in issue in the proceeding.\n(1A) To avoid doubt, subsection (1) includes the use of evidence from\n2 or more witnesses claiming they are victims of offences\ncommitted by a person who is a defendant in a criminal proceeding\nto prove, on the basis of similarities in the claimed acts or the\ncircumstances in which they occurred, that the defendant did an act\nin issue in the proceeding.\n(2) Subsection (1)(a) does not apply if:\n(a) the evidence is adduced in accordance with any directions\nmade by the court under section 100; or\n(b) the evidence is adduced to explain or contradict coincidence\nevidence adduced by another party.\nNote for section 98\nOther provisions of this Act, or of other laws, may operate as exceptions to the\ncoincidence rule.\n","sortOrder":103},{"sectionNumber":"99","sectionType":"section","heading":"Requirements for notices","content":"99 Requirements for notices\nNotices given under section 97 or 98 are to be given in accordance\nwith any regulations or rules of court made for the purposes of this\n","sortOrder":104},{"sectionNumber":"100","sectionType":"section","heading":"Court may dispense with notice requirements","content":"100 Court may dispense with notice requirements\n(1) The court may, on the application of a party, direct that the\ntendency rule is not to apply to particular tendency evidence\ndespite the party's failure to give notice under section 97.\n(2) The court may, on the application of a party, direct that the\ncoincidence rule is not to apply to particular coincidence evidence\ndespite the party's failure to give notice under section 98.\n(3) The application may be made either before or after the time by\nwhich the party would, apart from this section, be required to give,\nor to have given, the notice.\n(4) In a civil proceeding, the party's application may be made without\nnotice of it having been given to one or more of the other parties.\n\nEvidence (National Uniform Legislation) Act 2011 56\n(5) The direction:\n(a) is subject to such conditions (if any) as the court thinks fit; and\n(b) may be given either at or before the hearing.\n(6) Without limiting the court's power to impose conditions under this\nsection, those conditions may include one or more of the following:\n(a) a condition that the party give notice of its intention to adduce\nthe evidence to a specified party, or to each other party other\nthan a specified party;\n(b) a condition that the party give such notice only in respect of\nspecified tendency evidence, or all tendency evidence that the\nparty intends to adduce other than specified tendency\nevidence;\n(c) a condition that the party give such notice only in respect of\nspecified coincidence evidence, or all coincidence evidence\nthat the party intends to adduce other than specified\ncoincidence evidence.\n","sortOrder":105},{"sectionNumber":"101","sectionType":"section","heading":"Further restrictions on tendency evidence and coincidence","content":"101 Further restrictions on tendency evidence and coincidence\nevidence adduced by prosecution\n(1) This section only applies in a criminal proceeding and so applies in\naddition to sections 97 and 98.\n(2) Tendency evidence about a defendant, or coincidence evidence\nabout a defendant, that is adduced by the prosecution cannot be\nused against the defendant unless the probative value of the\nevidence outweighs the danger of unfair prejudice to the defendant.\n(3) This section does not apply to tendency evidence that the\nprosecution adduces to explain or contradict tendency evidence\nadduced by the defendant.\n(4) This section does not apply to coincidence evidence that the\nprosecution adduces to explain or contradict coincidence evidence\nadduced by the defendant.\n\nEvidence (National Uniform Legislation) Act 2011 57\n","sortOrder":106},{"sectionNumber":"Div 1","sectionType":"division","heading":"Credibility evidence","content":"Division 1 Credibility evidence\n","sortOrder":107},{"sectionNumber":"101A","sectionType":"section","heading":"Credibility evidence","content":"101A Credibility evidence\nCredibility evidence, in relation to a witness or other person, is\nevidence relevant to the credibility of the witness or person that:\n(a) is relevant only because it affects the assessment of the\ncredibility of the witness or person; or\n(b) is relevant:\n(i) because it affects the assessment of the credibility of the\nwitness or person; and\n(ii) for some other purpose for which it is not admissible, or\ncannot be used, because of a provision of Parts 3.2\nto 3.6.\nNotes for section 101A\n1 Sections 60 and 77 will not affect the application of paragraph (b), because\nthey cannot apply to evidence that is yet to be admitted.\n2 Section 101A is inserted as a response to the decision of the High Court of\nAustralia in Adam v The Queen (2001) 207 CLR 96.\n102 The credibility rule\nCredibility evidence about a witness is not admissible.\nNotes for section 102\n1 Specific exceptions to the credibility rule are as follows:\n• evidence adduced in cross-examination (sections 103 and 104)\n• evidence in rebuttal of denials (section 106)\n• evidence to re-establish credibility (section 108)\n• evidence of persons with specialised knowledge (section 108C)\n• character of accused persons (section 110)\n2 Other provisions of this Act, or of other laws, may operate as further\nexceptions.\n3 Sections 108A and 108B deal with the admission of credibility evidence about\na person who has made a previous representation but is not a witness.\n\nEvidence (National Uniform Legislation) Act 2011 58\n","sortOrder":108},{"sectionNumber":"103","sectionType":"section","heading":"Exception – cross-examination as to credibility","content":"103 Exception – cross-examination as to credibility\n(1) The credibility rule does not apply to evidence adduced in cross-\nexamination of a witness if the evidence could substantially affect\nthe assessment of the credibility of the witness.\n(2) Without limiting the matters to which the court may have regard for\nthe purposes of subsection (1), it is to have regard to:\n(a) whether the evidence tends to prove that the witness\nknowingly or recklessly made a false representation when the\nwitness was under an obligation to tell the truth; and\n(b) the period that has elapsed since the acts or events to which\nthe evidence relates were done or occurred.\n","sortOrder":109},{"sectionNumber":"104","sectionType":"section","heading":"Further protections – cross-examination as to credibility","content":"104 Further protections – cross-examination as to credibility\n(1) This section applies only to credibility evidence in a criminal\nproceeding and so applies in addition to section 103.\n(2) A defendant must not be cross-examined about a matter that is\nrelevant to the assessment of the defendant's credibility, unless the\ncourt gives leave.\n(3) Despite subsection (2), leave is not required for cross-examination\nby the prosecutor about whether the defendant:\n(a) is biased or has a motive to be untruthful; or\n(b) is, or was, unable to be aware of or recall matters to which his\nor her evidence relates; or\n(c) has made a prior inconsistent statement.\n(4) Leave must not be given for cross-examination by the prosecutor\nunder subsection (2) unless evidence adduced by the defendant\nhas been admitted that:\n(a) tends to prove that a witness called by the prosecutor has a\ntendency to be untruthful; and\n(b) is relevant solely or mainly to the witness's credibility.\n(5) A reference in subsection (4) to evidence does not include a\nreference to evidence of conduct in relation to:\n(a) the events in relation to which the defendant is being\nprosecuted; or\n\nEvidence (National Uniform Legislation) Act 2011 59\n(b) the investigation of the offence for which the defendant is\nbeing prosecuted.\n(6) Leave is not to be given for cross-examination by another\ndefendant unless:\n(a) the evidence that the defendant to be cross-examined has\ngiven includes evidence adverse to the defendant seeking\nleave to cross-examine; and\n(b) that evidence has been admitted.\n","sortOrder":110},{"sectionNumber":"105","sectionType":"section","heading":"Further protections – defendants making unsworn statements","content":"105 Further protections – defendants making unsworn statements\nNote for section 105\nThe Commonwealth Act formerly included a provision that only applied in\nproceedings in a federal court sitting in Norfolk Island. This provision has been\nrepealed.\n","sortOrder":111},{"sectionNumber":"106","sectionType":"section","heading":"Exception – rebutting denials by other evidence","content":"106 Exception – rebutting denials by other evidence\n(1) The credibility rule does not apply to evidence that is relevant to a\nwitness's credibility and that is adduced otherwise than from the\nwitness if:\n(a) in cross-examination of the witness:\n(i) the substance of the evidence was put to the witness;\nand\n(ii) the witness denied, or did not admit or agree to, the\nsubstance of the evidence; and\n(b) the court gives leave to adduce the evidence.\n(2) Leave under subsection (1)(b) is not required if the evidence tends\nto prove that the witness:\n(a) is biased or has a motive for being untruthful; or\n(b) has been convicted of an offence, including an offence against\nthe law of a foreign country; or\n(c) has made a prior inconsistent statement; or\n(d) is, or was, unable to be aware of matters to which his or her\nevidence relates; or\n(e) has knowingly or recklessly made a false representation while\nunder an obligation, imposed by or under an Australian law or\na law of a foreign country, to tell the truth.\n\nEvidence (National Uniform Legislation) Act 2011 60\n","sortOrder":112},{"sectionNumber":"107","sectionType":"section","heading":"Exception – application of certain provisions to makers of","content":"107 Exception – application of certain provisions to makers of\nrepresentations\nNote for section 107\nThis section has been repealed from the Commonwealth Act and NSW Act.\n","sortOrder":113},{"sectionNumber":"108","sectionType":"section","heading":"Exception – re-establishing credibility","content":"108 Exception – re-establishing credibility\n(1) The credibility rule does not apply to evidence adduced in\nre-examination of a witness.\nThe Commonwealth Act formerly included a subsection (2) referring to section 105 of\nthat Act. That subsection has been repealed.\n(3) The credibility rule does not apply to evidence of a prior consistent\nstatement of a witness if:\n(a) evidence of a prior inconsistent statement of the witness has\nbeen admitted; or\n(b) it is or will be suggested (either expressly or by implication)\nthat evidence given by the witness has been fabricated or\nre-constructed (whether deliberately or otherwise) or is the\nresult of a suggestion;\nand the court gives leave to adduce the evidence of the prior\nconsistent statement.\n","sortOrder":114},{"sectionNumber":"108A","sectionType":"section","heading":"Admissibility of evidence of credibility of person who has","content":"108A Admissibility of evidence of credibility of person who has\nmade a previous representation\n(a) evidence of a previous representation has been admitted in a\nproceeding; and\n(b) the person who made the representation has not been called,\nand will not be called, to give evidence in the proceeding;\ncredibility evidence about the person who made the representation\nis not admissible unless the evidence could substantially affect the\nassessment of the person's credibility.\n\nEvidence (National Uniform Legislation) Act 2011 61\n(2) Without limiting the matters to which the court may have regard for\nthe purposes of subsection (1), it is to have regard to:\n(a) whether the evidence tends to prove that the person who\nmade the representation knowingly or recklessly made a false\nrepresentation when the person was under an obligation to tell\nthe truth; and\n(b) the period that elapsed between the doing of the acts or the\noccurrence of the events to which the representation related\nand the making of the representation.\n","sortOrder":115},{"sectionNumber":"108B","sectionType":"section","heading":"Further protections – previous representations of an accused","content":"108B Further protections – previous representations of an accused\nwho is not a witness\n(1) This section applies only in a criminal proceeding and so applies in\naddition to section 108A.\n(2) If the person referred to in that section is a defendant, the credibility\nevidence is not admissible unless the court gives leave.\n(3) Despite subsection (2), leave is not required if the evidence is about\nwhether the defendant:\n(a) is biased or has a motive to be untruthful; or\n(b) is, or was, unable to be aware of or recall matters to which his\nor her previous representation relates; or\n(c) has made a prior inconsistent statement.\n(4) The prosecution must not be given leave under subsection (2)\nunless evidence adduced by the defendant has been admitted that:\n(a) tends to prove that a witness called by the prosecution has a\ntendency to be untruthful; and\n(b) is relevant solely or mainly to the witness's credibility.\n(5) A reference in subsection (4) to evidence does not include a\nreference to evidence of conduct in relation to:\n(a) the events in relation to which the defendant is being\nprosecuted; or\n(b) the investigation of the offence for which the defendant is\nbeing prosecuted.\n\nEvidence (National Uniform Legislation) Act 2011 62\n(6) Another defendant must not be given leave under subsection (2)\nunless the previous representation of the defendant that has been\nadmitted includes evidence adverse to the defendant seeking\nleave.\n","sortOrder":116},{"sectionNumber":"Div 4","sectionType":"division","heading":"Persons with specialised knowledge","content":"Division 4 Persons with specialised knowledge\n","sortOrder":117},{"sectionNumber":"108C","sectionType":"section","heading":"Exception – evidence of persons with specialised knowledge","content":"108C Exception – evidence of persons with specialised knowledge\n(1) The credibility rule does not apply to evidence given by a person\nconcerning the credibility of another witness if:\n(a) the person has specialised knowledge based on the person's\ntraining, study or experience; and\n(b) the evidence is evidence of an opinion of the person that:\n(i) is wholly or substantially based on that knowledge; and\n(ii) could substantially affect the assessment of the\ncredibility of the witness; and\n(c) the court gives leave to adduce the evidence.\n(2) To avoid doubt, and without limiting subsection (1):\n(a) a reference in that subsection to specialised knowledge\nincludes a reference to specialised knowledge of child\ndevelopment and child behaviour (including specialised\nknowledge of the impact of sexual abuse on children and their\nbehaviour during and following the abuse); and\n(b) a reference in that subsection to an opinion of a person\nincludes, if the person has specialised knowledge of that kind,\na reference to an opinion relating to either or both of the\n(i) the development and behaviour of children generally;\n(ii) the development and behaviour of children who have\nbeen victims of sexual offences, or offences similar to\nsexual offences.\n","sortOrder":118},{"sectionNumber":"109","sectionType":"section","heading":"Application","content":"109 Application\nThis Part applies only in a criminal proceeding.\n\nEvidence (National Uniform Legislation) Act 2011 63\n","sortOrder":119},{"sectionNumber":"110","sectionType":"section","heading":"Evidence about character of accused persons","content":"110 Evidence about character of accused persons\n(1) The hearsay rule, the opinion rule, the tendency rule and the\ncredibility rule do not apply to evidence adduced by a defendant to\nprove (directly or by implication) that the defendant is, either\ngenerally or in a particular respect, a person of good character.\n(2) If evidence adduced to prove (directly or by implication) that a\ndefendant is generally a person of good character has been\nadmitted, the hearsay rule, the opinion rule, the tendency rule and\nthe credibility rule do not apply to evidence adduced to prove\n(directly or by implication) that the defendant is not generally a\nperson of good character.\n(3) If evidence adduced to prove (directly or by implication) that a\ndefendant is a person of good character in a particular respect has\nbeen admitted, the hearsay rule, the opinion rule, the tendency rule\nand the credibility rule do not apply to evidence adduced to prove\n(directly or by implication) that the defendant is not a person of\ngood character in that respect.\n","sortOrder":120},{"sectionNumber":"111","sectionType":"section","heading":"Evidence about character of co-accused","content":"111 Evidence about character of co-accused\n(1) The hearsay rule and the tendency rule do not apply to evidence of\na defendant's character if:\n(a) the evidence is evidence of an opinion about the defendant\nadduced by another defendant; and\n(b) the person whose opinion it is has specialised knowledge\nbased on the person's training, study or experience; and\n(c) the opinion is wholly or substantially based on that knowledge.\n(2) If such evidence has been admitted, the hearsay rule, the opinion\nrule and the tendency rule do not apply to evidence adduced to\nprove that that evidence should not be accepted.\n","sortOrder":121},{"sectionNumber":"112","sectionType":"section","heading":"Leave required to cross-examine about character of accused","content":"112 Leave required to cross-examine about character of accused\nor co-accused\nA defendant must not be cross-examined about matters arising out\nof evidence of a kind referred to in this Part unless the court gives\nleave.\nNote for Part 3.9\nIdentification evidence is defined in the Dictionary.\n\nEvidence (National Uniform Legislation) Act 2011 64\n","sortOrder":122},{"sectionNumber":"113","sectionType":"section","heading":"Application of Part","content":"113 Application of Part\nThis Part applies only in a criminal proceeding.\n","sortOrder":123},{"sectionNumber":"114","sectionType":"section","heading":"Exclusion of visual identification evidence","content":"114 Exclusion of visual identification evidence\nvisual identification evidence means identification evidence\nrelating to an identification based wholly or partly on what a person\nsaw but does not include picture identification evidence.\n(2) Visual identification evidence adduced by the prosecutor is not\nadmissible unless:\n(a) an identification parade that included the defendant was held\nbefore the identification was made; or\n(b) it would not have been reasonable to have held such a\nparade; or\n(c) the defendant refused to take part in such a parade;\nand the identification was made without the person who made it\nhaving been intentionally influenced to identify the defendant.\n(3) Without limiting the matters that may be taken into account by the\ncourt in determining whether it was reasonable to hold an\nidentification parade, it is to take into account:\n(a) the kind of offence, and the gravity of the offence, concerned;\nand\n(b) the importance of the evidence; and\n(c) the practicality of holding an identification parade having\nregard, among other things:\n(i) if the defendant failed to cooperate in the conduct of the\nparade – to the manner and extent of, and the reason\n(if any) for, the failure; and\n(ii) in any case – to whether the identification was made at\nor about the time of the commission of the offence; and\n(d) the appropriateness of holding an identification parade having\nregard, among other things, to the relationship (if any)\nbetween the defendant and the person who made the\nidentification.\n\nEvidence (National Uniform Legislation) Act 2011 65\n(4) It is presumed that it would not have been reasonable to have held\nan identification parade if it would have been unfair to the defendant\nfor such a parade to have been held.\n(5) If:\n(a) the defendant refused to take part in an identification parade\nunless an Australian legal practitioner or legal counsel acting\nfor the defendant, or another person chosen by the defendant,\nwas present while it was being held; and\n(b) there were, at the time when the parade was to have been\nconducted, reasonable grounds to believe that it was not\nreasonably practicable for such an Australian legal practitioner\nor legal counsel or person to be present;\nit is presumed that it would not have been reasonable to have held\nan identification parade at that time.\n(6) In determining whether it was reasonable to have held an\nidentification parade, the court is not to take into account the\navailability of pictures or photographs that could be used in making\nidentifications.\n","sortOrder":124},{"sectionNumber":"115","sectionType":"section","heading":"Exclusion of evidence of identification by pictures","content":"115 Exclusion of evidence of identification by pictures\npicture identification evidence means identification evidence\nrelating to an identification made wholly or partly by the person who\nmade the identification examining pictures kept for the use of police\nofficers.\n(2) Picture identification evidence adduced by the prosecutor is not\nadmissible if the pictures examined suggest that they are pictures\nof persons in police custody.\n(3) Subject to subsection (4), picture identification evidence adduced\nby the prosecutor is not admissible if:\n(a) when the pictures were examined, the defendant was in the\ncustody of a police officer of the police force investigating the\ncommission of the offence with which the defendant has been\ncharged; and\n(b) the picture of the defendant that was examined was made\nbefore the defendant was taken into that police custody.\n\nEvidence (National Uniform Legislation) Act 2011 66\n(4) Subsection (3) does not apply if:\n(a) the defendant's appearance had changed significantly\nbetween the time when the offence was committed and the\ntime when the defendant was taken into that custody; or\n(b) it was not reasonably practicable to make a picture of the\ndefendant after the defendant was taken into that custody.\n(5) Picture identification evidence adduced by the prosecutor is not\nadmissible if, when the pictures were examined, the defendant was\nin the custody of a police officer of the police force investigating the\ncommission of the offence with which the defendant has been\ncharged, unless:\n(a) the defendant refused to take part in an identification parade;\nor\n(b) the defendant's appearance had changed significantly\nbetween the time when the offence was committed and the\ntime when the defendant was taken into that custody; or\n(c) it would not have been reasonable to have held an\nidentification parade that included the defendant.\n(6) Section 114(3), (4), (5) and (6) apply in determining, for the\npurposes of subsection (5)(c) of this section, whether it would have\nbeen reasonable to have held an identification parade.\n(7) If picture identification evidence adduced by the prosecutor is\nadmitted into evidence, the judge must, on the request of the\ndefendant:\n(a) if the picture of the defendant was made after the defendant\nwas taken into that custody – inform the jury that the picture\nwas made after the defendant was taken into that custody; or\n(b) otherwise – warn the jury that they must not assume that the\ndefendant has a criminal record or has previously been\ncharged with an offence.\nNote for subsection (7)\nSections 116 (Directions to jury) and 165 (Unreliable evidence) also deal with\nwarnings about identification evidence.\n(8) This section does not render inadmissible picture identification\nevidence adduced by the prosecutor that contradicts or qualifies\npicture identification evidence adduced by the defendant.\n(9) This section applies in addition to section 114.\n\nEvidence (National Uniform Legislation) Act 2011 67\n(10) In this section:\n(a) a reference to a picture includes a reference to a photograph;\nand\n(b) a reference to making a picture includes a reference to taking\na photograph.\n","sortOrder":125},{"sectionNumber":"116","sectionType":"section","heading":"Directions to jury","content":"116 Directions to jury\n(1) If identification evidence has been admitted, the judge is to inform\nthe jury:\n(a) that there is a special need for caution before accepting\nidentification evidence; and\n(b) of the reasons for that need for caution, both generally and in\nthe circumstances of the case.\n(2) It is not necessary that a particular form of words be used in so\ninforming the jury.\n","sortOrder":126},{"sectionNumber":"117","sectionType":"section","heading":"Definitions","content":"117 Definitions\n(1) In this Division:\nclient includes the following:\n(a) a person or body who engages a lawyer to provide legal\nservices or who employs a lawyer (including under a contract\nof service);\n(b) an employee or agent of a client;\n(c) an employer of a lawyer if the employer is:\n(i) the Commonwealth or a State or Territory; or\n(ii) a body established by a law of the Commonwealth or a\nState or Territory;\n(d) if, under a law of a State or Territory relating to persons of\nunsound mind, a manager, committee or person (however\ndescribed) is for the time being acting in respect of the person,\nestate or property of a client – a manager, committee or\n\nEvidence (National Uniform Legislation) Act 2011 68\nperson so acting;\n(e) if a client has died – a personal representative of the client;\n(f) a successor to the rights and obligations of a client, being\nrights and obligations in respect of which a confidential\ncommunication was made.\nconfidential communication means a communication made in\nsuch circumstances that, when it was made:\n(a) the person who made it; or\n(b) the person to whom it was made;\nwas under an express or implied obligation not to disclose its\ncontents, whether or not the obligation arises under law.\nconfidential document means a document prepared in such\ncircumstances that, when it was prepared:\n(a) the person who prepared it; or\n(b) the person for whom it was prepared;\nwas under an express or implied obligation not to disclose its\ncontents, whether or not the obligation arises under law.\nlawyer means:\n(a) an Australian lawyer; and\n(b) an Australian-registered foreign lawyer; and\n(c) an overseas-registered foreign lawyer or a natural person\nwho, under the law of a foreign country, is permitted to engage\nin legal practice in that country; and\n(d) an employee or agent of a lawyer referred to in paragraph (a),\n(b) or (c).\nparty includes the following:\n(a) an employee or agent of a party;\n(b) if, under a law of a State or Territory relating to persons of\nunsound mind, a manager, committee or person (however\ndescribed) is for the time being acting in respect of the person,\nestate or property of a party – a manager, committee or\nperson so acting;\n\nEvidence (National Uniform Legislation) Act 2011 69\n(c) if a party has died – a personal representative of the party;\n(d) a successor to the rights and obligations of a party, being\nrights and obligations in respect of which a confidential\ncommunication was made.\n(2) A reference in this Division to the commission of an act includes a\nreference to a failure to act.\n","sortOrder":127},{"sectionNumber":"118","sectionType":"section","heading":"Legal advice","content":"118 Legal advice\nEvidence is not to be adduced if, on objection by a client, the court\nfinds that adducing the evidence would result in disclosure of:\n(a) a confidential communication made between the client and a\nlawyer; or\n(b) a confidential communication made between 2 or more\nlawyers acting for the client; or\n(c) the contents of a confidential document (whether delivered or\nnot) prepared by the client, lawyer or another person;\nfor the dominant purpose of the lawyer, or one or more of the\nlawyers, providing legal advice to the client.\n","sortOrder":128},{"sectionNumber":"119","sectionType":"section","heading":"Litigation","content":"119 Litigation\nEvidence is not to be adduced if, on objection by a client, the court\nfinds that adducing the evidence would result in disclosure of:\n(a) a confidential communication between the client and another\nperson, or between a lawyer acting for the client and another\nperson, that was made; or\n(b) the contents of a confidential document (whether delivered or\nnot) that was prepared;\nfor the dominant purpose of the client being provided with\nprofessional legal services relating to an Australian or overseas\nproceeding (including the proceeding before the court), or an\nanticipated or pending Australian or overseas proceeding, in which\nthe client is or may be, or was or might have been, a party.\n\nEvidence (National Uniform Legislation) Act 2011 70\n","sortOrder":129},{"sectionNumber":"120","sectionType":"section","heading":"Unrepresented parties","content":"120 Unrepresented parties\nEvidence is not to be adduced if, on objection by a party who is not\nrepresented in the proceeding by a lawyer, the court finds that\nadducing the evidence would result in disclosure of:\n(a) a confidential communication between the party and another\n(b) the contents of a confidential document (whether delivered or\nnot) that was prepared, either by or at the direction or request\nof, the party;\nfor the dominant purpose of preparing for or conducting the\nNote for section 120\nThe Commonwealth Act, NSW Act and Victorian Act formerly contained a\nsubsection (2) of this section. The subsection has been repealed.\n","sortOrder":130},{"sectionNumber":"121","sectionType":"section","heading":"Loss of client legal privilege – generally","content":"121 Loss of client legal privilege – generally\n(1) This Division does not prevent the adducing of evidence relevant to\na question concerning the intentions, or competence in law, of a\nclient or party who has died.\n(2) This Division does not prevent the adducing of evidence if, were the\nevidence not adduced, the court would be prevented, or it could\nreasonably be expected that the court would be prevented, from\nenforcing an order of an Australian court.\n(3) This Division does not prevent the adducing of evidence of a\ncommunication or document that affects a right of a person.\n","sortOrder":131},{"sectionNumber":"122","sectionType":"section","heading":"Loss of client legal privilege – consent and related matters","content":"122 Loss of client legal privilege – consent and related matters\n(1) This Division does not prevent the adducing of evidence given with\nthe consent of the client or party concerned.\n(2) Subject to subsection (5), this Division does not prevent the\nadducing of evidence if the client or party concerned has acted in a\nway that is inconsistent with the client or party objecting to the\nadducing of the evidence because it would result in a disclosure of\na kind referred to in section 118, 119 or 120.\n(3) Without limiting subsection (2), a client or party is taken to have so\nacted if:\n(a) the client or party knowingly and voluntarily disclosed the\nsubstance of the evidence to another person; or\n\nEvidence (National Uniform Legislation) Act 2011 71\n(b) the substance of the evidence has been disclosed with the\nexpress or implied consent of the client or party.\n(4) The reference in subsection (3)(a) to a knowing and voluntary\ndisclosure does not include a reference to a disclosure by a person\nwho was, at the time of the disclosure, an employee or agent of the\nclient or party or of a lawyer of the client or party unless the\nemployee or agent was authorised by the client, party or lawyer to\nmake the disclosure.\n(5) A client or party is not taken to have acted in a manner inconsistent\nwith the client or party objecting to the adducing of the evidence\nmerely because:\n(a) the substance of the evidence has been disclosed:\n(i) in the course of making a confidential communication or\npreparing a confidential document; or\n(ii) as a result of duress or deception; or\n(iii) under compulsion of law; or\n(iv) if the client or party is a body established by, or a person\nholding an office under, an Australian law – to the\nMinister, or the Minister of the Commonwealth, the State\nor Territory, administering the law, or part of the law,\nunder which the body is established or the office is held;\nor\n(b) of a disclosure by a client to another person if the disclosure\nconcerns a matter in relation to which the same lawyer is\nproviding, or is to provide, professional legal services to both\nthe client and the other person; or\n(c) of a disclosure to a person with whom the client or party had,\nat the time of the disclosure, a common interest relating to the\nproceeding or an anticipated or pending proceeding in an\nAustralian court or a foreign court.\n(6) This Division does not prevent the adducing of evidence of a\ndocument that a witness has used to try to revive the witness's\nmemory about a fact or opinion or has used as mentioned in\nsection 32 (Attempts to revive memory in court) or 33 (Evidence\ngiven by police officers).\n\nEvidence (National Uniform Legislation) Act 2011 72\n","sortOrder":132},{"sectionNumber":"123","sectionType":"section","heading":"Loss of client legal privilege – defendants","content":"123 Loss of client legal privilege – defendants\nIn a criminal proceeding, this Division does not prevent a defendant\nfrom adducing evidence unless it is evidence of:\n(a) a confidential communication made between an associated\ndefendant and a lawyer acting for that person in connection\nwith the prosecution of that person; or\n(b) the contents of a confidential document prepared by an\nassociated defendant or by a lawyer acting for that person in\nconnection with the prosecution of that person.\nNote for section 123\nAssociated defendant is defined in the Dictionary.\n","sortOrder":133},{"sectionNumber":"124","sectionType":"section","heading":"Loss of client legal privilege – joint clients","content":"124 Loss of client legal privilege – joint clients\n(1) This section only applies to a civil proceeding in connection with\nwhich 2 or more parties have, before the commencement of the\nproceeding, jointly retained a lawyer in relation to the same matter.\n(2) This Division does not prevent one of those parties from adducing\nevidence of:\n(a) a communication made by any one of them to the lawyer; or\n(b) the contents of a confidential document prepared by or at the\ndirection or request of any one of them;\nin connection with that matter.\n","sortOrder":134},{"sectionNumber":"125","sectionType":"section","heading":"Loss of client legal privilege – misconduct","content":"125 Loss of client legal privilege – misconduct\n(1) This Division does not prevent the adducing of evidence of:\n(a) a communication made or the contents of a document\nprepared by a client or lawyer (or both), or a party who is not\nrepresented in the proceeding by a lawyer, in furtherance of\nthe commission of a fraud or an offence or the commission of\nan act that renders a person liable to a civil penalty; or\n(b) a communication or the contents of a document that the client\nor lawyer (or both), or the party, knew or ought reasonably to\nhave known was made or prepared in furtherance of a\ndeliberate abuse of a power.\n\nEvidence (National Uniform Legislation) Act 2011 73\n(2) For the purposes of this section, if the commission of the fraud,\noffence or act, or the abuse of power, is a fact in issue and there\nare reasonable grounds for finding that:\n(a) the fraud, offence or act, or the abuse of power, was\ncommitted; and\n(b) a communication was made or document prepared in\nfurtherance of the commission of the fraud, offence or act or\nthe abuse of power;\ndocument so prepared.\npower means a power conferred by or under an Australian law.\n","sortOrder":135},{"sectionNumber":"126","sectionType":"section","heading":"Loss of client legal privilege – related communications and","content":"126 Loss of client legal privilege – related communications and\ndocuments\nIf, because of the application of section 121, 122, 123, 124 or 125,\nthis Division does not prevent the adducing of evidence of a\ncommunication or the contents of a document, those sections do\nnot prevent the adducing of evidence of another communication or\ndocument if it is reasonably necessary to enable a proper\nunderstanding of the communication or document.\nExample for section 126\nA lawyer advises his client to understate her income for the previous year to\nevade taxation because of her potential tax liability \"as set out in my previous\nletter to you dated 11 August 1994\". In proceedings against the taxpayer for tax\nevasion, evidence of the contents of the letter dated 11 August 1994 may be\nadmissible (even if that letter would otherwise be privileged) to enable a proper\nunderstanding of the second letter.\n","sortOrder":136},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Professional confidential relationship privilege","content":"Division 1A Professional confidential relationship privilege\nNote for Part 3.10, Division 1A\nThe NSW Act includes this Division.\n","sortOrder":137},{"sectionNumber":"127","sectionType":"section","heading":"Religious confessions","content":"127 Religious confessions\n(1) A person who is or was a member of the clergy of any church or\nreligious denomination is entitled to refuse to divulge that a religious\nconfession was made, or the contents of a religious confession\nmade, to the person when a member of the clergy.\n\nEvidence (National Uniform Legislation) Act 2011 74\n(2) Subsection (1) does not apply if the communication involved in the\nreligious confession was made for a criminal purpose.\n(3) This section applies even if an Act provides:\n(a) that the rules of evidence do not apply or that a person or\nbody is not bound by the rules of evidence; or\n(b) that a person is not excused from answering any question or\nproducing any document or other thing on the ground of\nprivilege or any other ground.\nreligious confession means a confession made by a person to a\nmember of the clergy in the member's professional capacity\naccording to the ritual of the church or religious denomination\n","sortOrder":138},{"sectionNumber":"127A","sectionType":"section","heading":"Journalist privilege","content":"127A Journalist privilege\n(1) If a journalist has promised an informant not to disclose the\ninformant's identity, neither the journalist nor the journalist's\nemployer is compellable to answer any question or produce any\ndocument that would disclose the identity of the informant or enable\nthat identity to be ascertained.\n(2) The court or a judicial entity may, on the application of a party,\norder that subsection (1) is not to apply if it is satisfied that, having\nregard to the issues to be determined in that proceeding, the public\ninterest in the identity of the informant outweighs:\n(a) any likely adverse effect of the disclosure on the informant or\nany other person; and\n(b) the public interest in the communication of facts and opinion to\nthe public and, accordingly also, in the ability of journalists to\naccess sources of information.\n(3) Without limiting the matters that may be taken into account by the\ncourt or judicial entity for the purposes of subsection (2)(b), it is to\ntake into account:\n(a) whether the information provided by the informant is a matter\nof public interest; and\n\nEvidence (National Uniform Legislation) Act 2011 75\n(b) how the journalist used the information provided by the\ninformant, including whether the journalist:\n(i) verified the information before using the information (if\nreasonably practicable); and\n(ii) used the information in a manner that minimised any\nundue harm to any person; and\n(iii) used the information in a fair and accurate manner.\n(4) An order under subsection (2) may be made subject to any\nconditions the court or judicial entity thinks fit.\n(5) This section applies even if an Act provides:\n(a) that the rules or laws of evidence do not apply or that a judicial\nentity is not bound by the rules or laws of evidence; or\n(b) that a person is not excused from answering any question or\nproducing any document or other thing on the ground of\nprivilege or any other ground.\ninformant means a person who provides new or noteworthy\ninformation to a journalist for use in a news medium.\njournalist means a person who:\n(a) obtains new or noteworthy information about matters of public\ninterest; and\n(b) deals with the information by:\n(i) preparing the information for a news medium; or\n(ii) providing comment, opinion or analysis of the\ninformation for a news medium.\nnews medium means any medium for the dissemination of\ninformation to the public or a section of the public.\n","sortOrder":139},{"sectionNumber":"128","sectionType":"section","heading":"Privilege in respect of self-incrimination in other proceedings","content":"128 Privilege in respect of self-incrimination in other proceedings\n(1) This section applies if a witness objects to giving particular\nevidence, or evidence on a particular matter, on the ground that the\nevidence may tend to prove that the witness:\n(a) has committed an offence against or arising under an\nAustralian law or a law of a foreign country; or\n\nEvidence (National Uniform Legislation) Act 2011 76\n(b) is liable to a civil penalty.\n(2) The court must determine whether or not there are reasonable\ngrounds for the objection.\n(3) If the court determines that there are reasonable grounds for the\nobjection, the court is to inform the witness:\n(a) that the witness need not give the evidence unless required by\nthe court to do so under subsection (4); and\n(b) that the court will give a certificate under this section if:\n(i) the witness willingly gives the evidence without being\nrequired to do so under subsection (4); or\n(ii) the witness gives the evidence after being required to do\nso under subsection (4); and\n(c) of the effect of such a certificate.\n(4) The court may require the witness to give the evidence if the court\nis satisfied that:\n(a) the evidence does not tend to prove that the witness has\ncommitted an offence against or arising under, or is liable to a\ncivil penalty under, a law of a foreign country; and\n(b) the interests of justice require that the witness give the\n(5) If the witness either willingly gives the evidence without being\nrequired to do so under subsection (4), or gives it after being\nrequired to do so under that subsection, the court must cause the\nwitness to be given a certificate under this section in respect of the\n(6) The court is also to cause a witness to be given a certificate under\nthis section if:\n(a) the objection has been overruled; and\n(b) after the evidence has been given, the court finds that there\nwere reasonable grounds for the objection.\n\nEvidence (National Uniform Legislation) Act 2011 77\n(7) In any proceeding in a Territory court or before any person or body\nauthorised by a law of the Territory, or by consent of parties, to\nhear, receive and examine evidence:\n(a) evidence given by a person in respect of which a certificate\nunder this section has been given; and\n(b) any information, document or thing obtained as a direct or\nindirect consequence of the person having given evidence;\ncannot be used against the person. However, this does not apply to\na criminal proceeding in respect of the falsity of the evidence.\nNote for subsection (7)\nThis subsection differs from section 128(7) of the Commonwealth Act, NSW Act\nand Victorian Act in relation to the reference to a \"Territory court\".\n(8) Subsection (7) has effect despite any challenge, review, quashing\nor calling into question on any ground of the decision to give, or the\nvalidity of, the certificate concerned.\n(9) If a defendant in a criminal proceeding for an offence is given a\ncertificate under this section, subsection (7) does not apply in a\nproceeding that is a retrial of the defendant for the same offence or\na trial of the defendant for an offence arising out of the same facts\nthat gave rise to that offence.\n(10) In a criminal proceeding, this section does not apply in relation to\nthe giving of evidence by a defendant, being evidence that the\ndefendant:\n(a) did an act the doing of which is a fact in issue; or\n(b) had a state of mind the existence of which is a fact in issue.\n(11) A reference in this section to doing an act includes a reference to\nfailing to act.\nNotes for section 128\n1 Bodies corporate cannot claim this privilege. See section 187.\n2 Clause 3 of Part 2 of the Dictionary sets out what is a civil penalty.\n3 The Commonwealth Act includes additional subsections (12) to (15). The\nsubsections give effect to certificates in relation to self-incriminating evidence\nunder this Act in proceedings in federal and Australian Capital Territory courts\nand in Territory prosecutions for Commonwealth and Australian Capital\nTerritory offences.\n4 Subsections (8) and (9) were inserted as a response to the decision of the\nHigh Court of Australia in Cornwell v The Queen (2007) 271 CLR 260.\n\nEvidence (National Uniform Legislation) Act 2011 78\n","sortOrder":140},{"sectionNumber":"128A","sectionType":"section","heading":"Privilege in respect of self-incrimination – exception for certain","content":"128A Privilege in respect of self-incrimination – exception for certain\norders etc.\ndisclosure order means an order made by a Territory court in a\ncivil proceeding requiring a person to disclose information, as part\nof, or in connection with, a freezing or search order under the Rules\nof the Supreme Court but does not include an order made by a\ncourt under the Proceeds of Crime Act 2002 (Cth) or the Criminal\nProperty Forfeiture Act 2002.\nNote for definition disclosure order\nThis definition differs from the NSW Act and Victorian Act.\nrelevant person means a person to whom a disclosure order is\ndirected.\n(2) If a relevant person objects to complying with a disclosure order on\nthe grounds that some or all of the information required to be\ndisclosed may tend to prove that the person:\n(a) has committed an offence against or arising under an\nAustralian law or a law of a foreign country; or\n(b) is liable to a civil penalty;\nthe person must:\n(c) disclose so much of the information required to be disclosed to\nwhich no objection is taken; and\n(d) prepare an affidavit containing so much of the information\nrequired to be disclosed to which objection is taken (the\nprivilege affidavit) and deliver it to the court in a sealed\nenvelope; and\n(e) file and serve on each other party a separate affidavit setting\nout the basis of the objection.\n(3) The sealed envelope containing the privilege affidavit must not be\nopened except as directed by the court.\n(4) The court must determine whether or not there are reasonable\ngrounds for the objection.\n(5) Subject to subsection (6), if the court finds that there are\nreasonable grounds for the objection, the court must not require the\ninformation contained in the privilege affidavit to be disclosed and\nmust return it to the relevant person.\n\nEvidence (National Uniform Legislation) Act 2011 79\n(6) If the court is satisfied that:\n(a) any information disclosed in the privilege affidavit may tend to\nprove that the relevant person has committed an offence\nagainst or arising under, or is liable to a civil penalty under, an\nAustralian law; and\n(b) the information does not tend to prove that the relevant person\nhas committed an offence against or arising under, or is liable\nto a civil penalty under, a law of a foreign country; and\n(c) the interests of justice require the information to be disclosed;\nthe court may make an order requiring the whole or any part of the\nprivilege affidavit containing information of the kind referred to in\nparagraph (a) to be filed and served on the parties.\n(7) If the whole or any part of the privilege affidavit is disclosed\n(including by order under subsection (6)), the court must cause the\nrelevant person to be given a certificate in respect of the\ninformation referred to in subsection (6)(a).\n(8) In any proceeding in a Territory court:\n(a) evidence of information disclosed by a relevant person in\nrespect of which a certificate has been given under this\nsection; and\n(b) evidence of any information, document or thing obtained as a\ndirect result or indirect consequence of the relevant person\nhaving disclosed that information;\ncannot be used against the person. However, this does not apply to\na criminal proceeding in respect of the falsity of the evidence\n(9) Subsection (8) does not prevent the use against the relevant\nperson of any information disclosed by a document:\n(a) that is an annexure or exhibit to a privilege affidavit prepared\nby the person in response to a disclosure order; and\n(b) that was in existence before the order was made.\n(10) Subsection (8) has effect despite any challenge, review, quashing\nor calling into question on any ground of the decision to give, or the\nvalidity of, the certificate concerned.\n\nEvidence (National Uniform Legislation) Act 2011 80\n","sortOrder":141},{"sectionNumber":"129","sectionType":"section","heading":"Exclusion of evidence of reasons for judicial etc. decisions","content":"129 Exclusion of evidence of reasons for judicial etc. decisions\n(1) Evidence of the reasons for a decision made by a person who is:\n(a) a judge in an Australian or overseas proceeding; or\n(b) an arbitrator in respect of a dispute that has been submitted to\nthe person, or to the person and one or more other persons,\nfor arbitration;\nor the deliberations of a person so acting in relation to such a\ndecision, must not be given by the person, or a person who was, in\nrelation to the proceeding or arbitration, under the direction or\ncontrol of that person.\n(2) Such evidence must not be given by tendering as evidence a\ndocument prepared by such a person.\n(3) This section does not prevent the admission or use, in a\nproceeding, of published reasons for a decision.\n(4) In a proceeding, evidence of the reasons for a decision made by a\nmember of a jury in another Australian or overseas proceeding, or\nof the deliberations of a member of a jury in relation to such a\ndecision, must not be given by any of the members of that jury.\n(5) This section does not apply in a proceeding that is:\n(a) a prosecution for one or more of the following offences:\n(i) attempt to pervert the course of justice;\n(ii) perverting the course of justice;\n(iii) subornation of perjury;\n(iv) embracery;\n(v) bribery of public official;\n(vi) misconduct in public office;\n(vii) an offence against section 95, 96, 100, 103A, 109 and\n204 of the Criminal Code;\n(viii) an offence against section 49A of the Juries Act 1962;\n\nEvidence (National Uniform Legislation) Act 2011 81\n(ix) an offence connected with an offence mentioned in\nsubparagraphs (i) to (viii), including an offence of\nconspiring to commit such an offence; or\n(b) in respect of a contempt of a court; or\n(c) by way of appeal from, or judicial review of, a judgment,\ndecree, order or sentence of a court; or\n(d) by way of review of an arbitral award; or\n(e) a civil proceeding in respect of an act of a judicial officer or\narbitrator that was, and that was known at the time by the\njudicial officer or arbitrator to be, outside the scope of the\nmatters in relation to which the judicial officer or arbitrator had\nauthority to act.\nNote for subsection (5)(a)\nSubsection (5)(a) differs from section 129(5)(a) of the Commonwealth Act, NSW\nAct and Victorian Act.\n","sortOrder":142},{"sectionNumber":"130","sectionType":"section","heading":"Exclusion of evidence of matters of state","content":"130 Exclusion of evidence of matters of state\n(1) If the public interest in admitting into evidence information or a\ndocument that relates to matters of state is outweighed by the\npublic interest in preserving secrecy or confidentiality in relation to\nthe information or document, the court may direct that the\ninformation or document not be adduced as evidence.\n(2) The court may give such a direction either on its own initiative or on\nthe application of any person (whether or not the person is a party).\n(3) In deciding whether to give such a direction, the court may inform\nitself in any way it thinks fit.\n(4) Without limiting the circumstances in which information or a\ndocument may be taken for the purposes of subsection (1) to relate\nto matters of state, the information or document is taken for the\npurposes of that subsection to relate to matters of state if adducing\nit as evidence would:\n(a) prejudice the security, defence or international relations of\nAustralia; or\n(b) damage relations between the Commonwealth and a State or\nbetween 2 or more States; or\n(c) prejudice the prevention, investigation or prosecution of an\n\nEvidence (National Uniform Legislation) Act 2011 82\n(d) prejudice the prevention or investigation of, or the conduct of\nproceedings for recovery of civil penalties brought with respect\nto, other contraventions of the law; or\n(e) disclose, or enable a person to ascertain, the existence or\nidentity of a confidential source of information relating to the\nenforcement or administration of a law of the Commonwealth\nor a State; or\n(f) prejudice the proper functioning of the government of the\nCommonwealth or a State.\n(5) Without limiting the matters that the court may take into account for\nthe purposes of subsection (1), it is to take into account the\nfollowing matters:\n(a) the importance of the information or the document in the\nproceeding;\n(b) if the proceeding is a criminal proceeding – whether the party\nseeking to adduce evidence of the information or document is\na defendant or the prosecutor;\n(c) the nature of the offence, cause of action or defence to which\nthe information or document relates, and the nature of the\nsubject matter of the proceeding;\n(d) the likely effect of adducing evidence of the information or\ndocument, and the means available to limit its publication;\n(e) whether the substance of the information or document has\nalready been published;\n(f) if the proceeding is a criminal proceeding and the party\nseeking to adduce evidence of the information or document is\na defendant – whether the direction is to be made subject to\nthe condition that the prosecution be stayed.\n(6) A reference in this section to a State includes a reference to a\n","sortOrder":143},{"sectionNumber":"131","sectionType":"section","heading":"Exclusion of evidence of settlement negotiations","content":"131 Exclusion of evidence of settlement negotiations\n(1) Evidence is not to be adduced of:\n(a) a communication that is made between persons in dispute, or\nbetween one or more persons in dispute and a third party, in\nconnection with an attempt to negotiate a settlement of the\ndispute; or\n\nEvidence (National Uniform Legislation) Act 2011 83\n(b) a document (whether delivered or not) that has been prepared\nin connection with an attempt to negotiate a settlement of a\ndispute.\n(2) Subsection (1) does not apply if:\n(a) the persons in dispute consent to the evidence being adduced\nin the proceeding concerned or, if any of those persons has\ntendered the communication or document in evidence in\nanother Australian or overseas proceeding, all the other\npersons so consent; or\n(b) the substance of the evidence has been disclosed with the\nexpress or implied consent of all the persons in dispute; or\n(c) the substance of the evidence has been partly disclosed with\nthe express or implied consent of the persons in dispute, and\nfull disclosure of the evidence is reasonably necessary to\nenable a proper understanding of the other evidence that has\nalready been adduced; or\n(d) the communication or document included a statement to the\neffect that it was not to be treated as confidential; or\n(e) the evidence tends to contradict or to qualify evidence that has\nalready been admitted about the course of an attempt to settle\nthe dispute; or\n(f) the proceeding in which it is sought to adduce the evidence is\na proceeding to enforce an agreement between the persons in\ndispute to settle the dispute, or a proceeding in which the\nmaking of such an agreement is in issue; or\n(g) evidence that has been adduced in the proceeding, or an\ninference from evidence that has been adduced in the\nproceeding, is likely to mislead the court unless evidence of\nthe communication or document is adduced to contradict or to\nqualify that evidence; or\n(h) the communication or document is relevant to determining\nliability for costs; or\n(i) making the communication, or preparing the document, affects\na right of a person; or\n(j) the communication was made, or the document was prepared,\nin furtherance of the commission of a fraud or an offence or\nthe commission of an act that renders a person liable to a civil\npenalty; or\n\nEvidence (National Uniform Legislation) Act 2011 84\n(k) one of the persons in dispute, or an employee or agent of\nsuch a person, knew or ought reasonably to have known that\nthe communication was made, or the document was prepared,\nin furtherance of a deliberate abuse of a power.\n(3) For the purposes of subsection (2)(j), if commission of the fraud,\noffence or act is a fact in issue and there are reasonable grounds\nfor finding that:\n(a) the fraud, offence or act was committed; and\n(b) a communication was made or document prepared in\nfurtherance of the commission of the fraud, offence or act;\ndocument so prepared.\n(4) For the purposes of subsection (2)(k), if:\n(a) the abuse of power is a fact in issue; and\n(b) there are reasonable grounds for finding that a communication\nwas made or document prepared in furtherance of the abuse\nof power;\ndocument was so prepared.\n(5) In this section:\n(a) a reference to a dispute is a reference to a dispute of a kind in\nrespect of which relief may be given in an Australian or\noverseas proceeding; and\n(b) a reference to an attempt to negotiate the settlement of a\ndispute does not include a reference to an attempt to\nnegotiate the settlement of a criminal proceeding or an\nanticipated criminal proceeding; and\n(c) a reference to a communication made by a person in dispute\nincludes a reference to a communication made by an\nemployee or agent of such a person; and\n(d) a reference to the consent of a person in dispute includes a\nreference to the consent of an employee or agent of such a\nperson, being an employee or agent who is authorised so to\nconsent; and\n(e) a reference to commission of an act includes a reference to a\nfailure to act.\n\nEvidence (National Uniform Legislation) Act 2011 85\npower means a power conferred by or under an Australian law.\n","sortOrder":144},{"sectionNumber":"131A","sectionType":"section","heading":"Application of Division to preliminary proceedings of courts","content":"131A Application of Division to preliminary proceedings of courts\n(a) a person is required by a disclosure requirement to give\ninformation, or to produce a document, which would result in\nthe disclosure of a communication, a document or its contents\nor other information of a kind referred to in Division 1, 1A or 3;\nand\n(b) the person objects to giving that information or providing that\ndocument;\nthe court must determine the objection by applying the provisions of\nthis Part (other than sections 123 and 128) with any necessary\nmodifications as if the objection to giving information or producing\nthe document were an objection to the giving or adducing of\n(2) In this section:\ndisclosure requirement means a process or order of a court that\nrequires the disclosure of information or a document and includes\n(a) a summons or subpoena to produce documents or give\nevidence;\n(b) pre-trial discovery;\n(c) non-party discovery;\n(d) interrogatories;\n(e) a notice to produce;\n(f) a request to produce a document under Part 4.6, Division 1.\n","sortOrder":145},{"sectionNumber":"132","sectionType":"section","heading":"Court to inform of rights to make applications and objections","content":"132 Court to inform of rights to make applications and objections\nIf it appears to the court that a witness or a party may have grounds\nfor making an application or objection under a provision of this Part,\nthe court must satisfy itself (if there is a jury, in the absence of the\njury) that the witness or party is aware of the effect of that provision.\n\nEvidence (National Uniform Legislation) Act 2011 86\n","sortOrder":146},{"sectionNumber":"133","sectionType":"section","heading":"Court may inspect etc. documents","content":"133 Court may inspect etc. documents\nIf a question arises under this Part relating to a document, the court\nmay order that the document be produced to it and may inspect the\ndocument for the purpose of determining the question.\n","sortOrder":147},{"sectionNumber":"134","sectionType":"section","heading":"Inadmissibility of evidence that must not be adduced or given","content":"134 Inadmissibility of evidence that must not be adduced or given\nEvidence that, because of this Part, must not be adduced or given\nin a proceeding is not admissible in the proceeding.\n","sortOrder":148},{"sectionNumber":"135","sectionType":"section","heading":"General discretion to exclude evidence","content":"135 General discretion to exclude evidence\nThe court may refuse to admit evidence if its probative value is\nsubstantially outweighed by the danger that the evidence might:\n(a) be unfairly prejudicial to a party; or\n(b) be misleading or confusing; or\n(c) cause or result in undue waste of time.\n","sortOrder":149},{"sectionNumber":"136","sectionType":"section","heading":"General discretion to limit use of evidence","content":"136 General discretion to limit use of evidence\nThe court may limit the use to be made of evidence if there is a\ndanger that a particular use of the evidence might:\n(a) be unfairly prejudicial to a party; or\n(b) be misleading or confusing.\n","sortOrder":150},{"sectionNumber":"137","sectionType":"section","heading":"Exclusion of prejudicial evidence in criminal proceedings","content":"137 Exclusion of prejudicial evidence in criminal proceedings\nIn a criminal proceeding, the court must refuse to admit evidence\nadduced by the prosecutor if its probative value is outweighed by\nthe danger of unfair prejudice to the defendant.\n","sortOrder":151},{"sectionNumber":"138","sectionType":"section","heading":"Exclusion of improperly or illegally obtained evidence","content":"138 Exclusion of improperly or illegally obtained evidence\n(1) Evidence that was obtained:\n(a) improperly or in contravention of an Australian law; or\n(b) in consequence of an impropriety or of a contravention of an\nAustralian law;\n\nEvidence (National Uniform Legislation) Act 2011 87\nis not to be admitted unless the desirability of admitting the\nevidence outweighs the undesirability of admitting evidence that\nhas been obtained in the way in which the evidence was obtained.\n(2) Without limiting subsection (1), evidence of an admission that was\nmade during or in consequence of questioning, and evidence\nobtained in consequence of the admission, is taken to have been\nobtained improperly if the person conducting the questioning:\n(a) did, or omitted to do, an act in the course of the questioning\neven though he or she knew or ought reasonably to have\nknown that the act or omission was likely to impair\nsubstantially the ability of the person being questioned to\nrespond rationally to the questioning; or\n(b) made a false statement in the course of the questioning even\nthough he or she knew or ought reasonably to have known\nthat the statement was false and that making the false\nstatement was likely to cause the person who was being\nquestioned to make an admission.\n(3) Without limiting the matters that the court may take into account\nunder subsection (1), it is to take into account:\n(a) the probative value of the evidence; and\n(b) the importance of the evidence in the proceeding; and\n(c) the nature of the relevant offence, cause of action or defence\nand the nature of the subject-matter of the proceeding; and\n(d) the gravity of the impropriety or contravention; and\n(e) whether the impropriety or contravention was deliberate or\nreckless; and\n(f) whether the impropriety or contravention was contrary to or\ninconsistent with a right of a person recognised by the\nInternational Covenant on Civil and Political Rights; and\n(g) whether any other proceeding (whether or not in a court) has\nbeen or is likely to be taken in relation to the impropriety or\ncontravention; and\n(h) the difficulty (if any) of obtaining the evidence without\nimpropriety or contravention of an Australian law.\nNote for subsection (3)(f)\nThe International Covenant on Civil and Political Rights is set out in Schedule 2\nto the Human Rights and Equal Opportunity Commission Act 1986 (Cth).\n\nEvidence (National Uniform Legislation) Act 2011 88\n","sortOrder":152},{"sectionNumber":"139","sectionType":"section","heading":"Cautioning of persons","content":"139 Cautioning of persons\n(1) For the purposes of section 138(1)(a), evidence of a statement\nmade or an act done by a person during questioning is taken to\nhave been obtained improperly if:\n(a) the person was under arrest for an offence at the time; and\n(b) the questioning was conducted by an investigating official who\nwas at the time empowered, because of the office that he or\nshe held, to arrest the person; and\n(c) before starting the questioning the investigating official did not\ncaution the person that the person does not have to say or do\nanything but that anything the person does say or do may be\nused in evidence.\n(2) For the purposes of section 138(1)(a), evidence of a statement\nmade or an act done by a person during questioning is taken to\nhave been obtained improperly if:\n(a) the questioning was conducted by an investigating official who\ndid not have the power to arrest the person; and\n(b) the statement was made, or the act was done, after the\ninvestigating official formed a belief that there was sufficient\nevidence to establish that the person has committed an\noffence; and\n(c) the investigating official did not, before the statement was\nmade or the act was done, caution the person that the person\ndoes not have to say or do anything but that anything the\nperson does say or do may be used in evidence.\n(3) The caution must be given in, or translated into, a language in\nwhich the person is able to communicate with reasonable fluency,\nbut need not be given in writing unless the person cannot hear\nadequately.\n(4) Subsections (1), (2) and (3) do not apply so far as any Australian\nlaw requires the person to answer questions put by, or do things\nrequired by, the investigating official.\n(5) A reference in subsection (1) to a person who is under arrest\nincludes a reference to a person who is in the company of an\ninvestigating official for the purpose of being questioned, if:\n(a) the official believes that there is sufficient evidence to\nestablish that the person has committed an offence that is to\nbe the subject of the questioning; or\n\nEvidence (National Uniform Legislation) Act 2011 89\n(b) the official would not allow the person to leave if the person\nwished to do so; or\n(c) the official has given the person reasonable grounds for\nbelieving that the person would not be allowed to leave if he or\nshe wished to do so.\n(6) A person is not treated as being under arrest only because of\nsubsection (5) if:\n(a) the official is performing functions in relation to persons or\ngoods entering or leaving Australia and the official does not\nbelieve the person has committed an offence against a law of\nthe Commonwealth; or\n(b) the official is exercising a power under an Australian law to\ndetain and search the person or to require the person to\nprovide information or to answer questions.\n\nEvidence (National Uniform Legislation) Act 2011 90\nThis Chapter is about the proof of matters in a proceeding.\nPart 4.1 is about the standard of proof in civil proceedings and in criminal\nproceedings.\nPart 4.2 is about matters that do not require proof in a proceeding.\nPart 4.3 makes easier the proof of the matters dealt with in that Part.\nPart 4.4 is about requirements that evidence be corroborated.\nPart 4.5 requires judges to warn juries about the potential unreliability of certain kinds\nof evidence.\nPart 4.6 sets out procedures for proving certain other matters.\n140 Civil proceedings – standard of proof\n(1) In a civil proceeding, the court must find the case of a party proved\nif it is satisfied that the case has been proved on the balance of\nprobabilities.\ndeciding whether it is so satisfied, it is to take into account:\n(a) the nature of the cause of action or defence; and\n(b) the nature of the subject-matter of the proceeding; and\n(c) the gravity of the matters alleged.\n","sortOrder":153},{"sectionNumber":"141","sectionType":"section","heading":"Criminal proceedings – standard of proof","content":"141 Criminal proceedings – standard of proof\n(1) In a criminal proceeding, the court is not to find the case of the\nprosecution proved unless it is satisfied that it has been proved\nbeyond reasonable doubt.\n(2) In a criminal proceeding, the court is to find the case of a defendant\nproved if it is satisfied that the case has been proved on the\nbalance of probabilities.\n\nEvidence (National Uniform Legislation) Act 2011 91\n","sortOrder":154},{"sectionNumber":"142","sectionType":"section","heading":"Admissibility of evidence – standard of proof","content":"142 Admissibility of evidence – standard of proof\n(1) Except as otherwise provided by this Act, in any proceeding the\ncourt is to find that the facts necessary for deciding:\n(a) a question whether evidence should be admitted or not\nadmitted, whether in the exercise of a discretion or not; or\n(b) any other question arising under this Act;\nhave been proved if it is satisfied that they have been proved on the\nbalance of probabilities.\n(2) In determining whether it is so satisfied, the matters that the court\nmust take into account include:\n(a) the importance of the evidence in the proceeding; and\n(b) the gravity of the matters alleged in relation to the question.\n","sortOrder":155},{"sectionNumber":"143","sectionType":"section","heading":"Matters of law","content":"143 Matters of law\n(1) Proof is not required about the provisions and coming into operation\n(in whole or in part) of:\n(a) an Act, an Imperial Act in force in Australia, a Commonwealth\nAct, an Act of a State or an Act or Ordinance of a Territory; or\n(b) a regulation, rule or by-law made, or purporting to be made,\nunder such an Act or Ordinance; or\n(c) a proclamation or order of the Governor-General, the\nGovernor of a State or the Administrator or Executive of a\nTerritory made, or purporting to be made, under such an Act\nor Ordinance; or\n(d) an instrument of a legislative character (for example, a rule of\ncourt) made, or purporting to be made, under such an Act or\nOrdinance, being an instrument that is required by or under a\nlaw to be published, or the making of which is required by or\nunder a law to be notified, in any government or official\ngazette (by whatever name called).\n(2) A judge may inform himself or herself about those matters in any\nway that the judge thinks fit.\n\nEvidence (National Uniform Legislation) Act 2011 92\n(3) A reference in this section to an Act, being an Act of an Australian\nParliament, includes a reference to a private Act passed by that\nParliament.\nNote for section 143\nSection 5 of the Commonwealth Act extends the operation of the equivalent\nCommonwealth section to proceedings in all Australian courts.\n","sortOrder":156},{"sectionNumber":"144","sectionType":"section","heading":"Matters of common knowledge","content":"144 Matters of common knowledge\n(1) Proof is not required about knowledge that is not reasonably open\nto question and is:\n(a) common knowledge in the locality in which the proceeding is\nbeing held or generally; or\n(b) capable of verification by reference to a document the\nauthority of which cannot reasonably be questioned.\n(2) The judge may acquire knowledge of that kind in any way the judge\nthinks fit.\n(3) The court (including, if there is a jury, the jury) is to take knowledge\nof that kind into account.\n(4) The judge is to give a party such opportunity to make submissions,\nand to refer to relevant information, relating to the acquiring or\ntaking into account of knowledge of that kind as is necessary to\nensure that the party is not unfairly prejudiced.\n","sortOrder":157},{"sectionNumber":"145","sectionType":"section","heading":"Certain Crown certificates","content":"145 Certain Crown certificates\nThis Part does not exclude the application of the principles and\nrules of the common law and of equity relating to the effect of a\ncertificate given by or on behalf of the Crown with respect to a\nmatter of international affairs.\n","sortOrder":158},{"sectionNumber":"146","sectionType":"section","heading":"Evidence produced by processes, machines and other devices","content":"146 Evidence produced by processes, machines and other devices\n(1) This section applies to a document or thing:\n(a) that is produced wholly or partly by a device or process; and\n\nEvidence (National Uniform Legislation) Act 2011 93\n(b) that is tendered by a party who asserts that, in producing the\ndocument or thing, the device or process has produced a\nparticular outcome.\n(2) If it is reasonably open to find that the device or process is one that,\nor is of a kind that, if properly used, ordinarily produces that\noutcome, it is presumed (unless evidence sufficient to raise doubt\nabout the presumption is adduced) that, in producing the document\nor thing on the occasion in question, the device or process\nproduced that outcome.\nExample for section 146\nIt would not be necessary to call evidence to prove that a photocopier normally\nproduced complete copies of documents and that it was working properly when it\nwas used to photocopy a particular document.\n","sortOrder":159},{"sectionNumber":"147","sectionType":"section","heading":"Documents produced by processes, machines and other","content":"147 Documents produced by processes, machines and other\ndevices in the course of business\n(1) This section applies to a document:\n(a) that is produced wholly or partly by a device or process; and\n(b) that is tendered by a party who asserts that, in producing the\ndocument, the device or process has produced a particular\noutcome.\n(2) If:\n(a) the document is, or was at the time it was produced, part of\nthe records of, or kept for the purposes of, a business\n(whether or not the business is still in existence); and\n(b) the device or process is or was at that time used for the\npurposes of the business;\nit is presumed (unless evidence sufficient to raise doubt about the\npresumption is adduced) that, in producing the document on the\noccasion in question, the device or process produced that outcome.\n(3) Subsection (2) does not apply to the contents of a document that\nwas produced:\n(a) for the purpose of conducting, or for or in contemplation of or\nin connection with, an Australian or overseas proceeding; or\n\nEvidence (National Uniform Legislation) Act 2011 94\n(b) in connection with an investigation relating or leading to a\ncriminal proceeding.\nNote for section 147\nSection 182 of the Commonwealth Act gives section 147 of the Commonwealth\n","sortOrder":160},{"sectionNumber":"148","sectionType":"section","heading":"Evidence of certain acts of justices, Australian lawyers and","content":"148 Evidence of certain acts of justices, Australian lawyers and\nnotaries public\nIt is presumed, unless the contrary is proved, that a document was\nattested or verified by, or signed or acknowledged before, a justice\nof the peace, Commissioner of Oaths, Australian lawyer or notary\npublic, if:\n(a) an Australian law requires, authorises or permits it to be\nattested, verified, signed or acknowledged by a justice of the\npeace, Commissioner of Oaths, Australian lawyer or notary\npublic, as the case may be; and\n(b) it purports to have been so attested, verified, signed or\nacknowledged.\n","sortOrder":161},{"sectionNumber":"149","sectionType":"section","heading":"Attestation of documents","content":"149 Attestation of documents\nIt is not necessary to adduce the evidence of an attesting witness to\na document (not being a testamentary document) to prove that the\ndocument was signed or attested as it purports to have been signed\nor attested.\nNote for section 149\nSection 182 of the Commonwealth Act gives section 149 of the Commonwealth\n","sortOrder":162},{"sectionNumber":"150","sectionType":"section","heading":"Seals and signatures","content":"150 Seals and signatures\n(1) If the imprint of a seal appears on a document and purports to be\nthe imprint of:\n(a) the Public Seal of the Territory; or\n(b) a Royal Great Seal; or\n(c) the Great Seal of Australia; or\n(d) another seal of the Commonwealth; or\n(e) a seal of a State, another Territory or a foreign country; or\n\nEvidence (National Uniform Legislation) Act 2011 95\n(f) the seal of a body (including a court or a tribunal), or a body\ncorporate, established by or under Royal Charter or by an\nAustralian law or the law of a foreign country;\nit is presumed, unless the contrary is proved, that the imprint is the\nimprint of that seal, and the document was duly sealed as it\npurports to have been sealed.\nThe Commonwealth Act has a different subsection (1).\n(2) If the imprint of a seal appears on a document and purports to be\nthe imprint of the seal of an office holder, it is presumed, unless the\ncontrary is proved, that:\n(a) the imprint is the imprint of that seal; and\n(b) the document was duly sealed by the office holder acting in\nhis or her official capacity; and\n(c) the office holder held the relevant office when the document\nwas sealed.\n(3) If a document purports to have been signed by an office holder in\nhis or her official capacity, it is presumed, unless the contrary is\nproved, that:\n(a) the document was signed by the office holder acting in that\ncapacity; and\n(b) the office holder held the relevant office when the document\nwas signed.\noffice holder means:\n(a) the Sovereign; or\n(b) the Governor-General; or\n(c) the Governor of a State; or\n(d) the Administrator of a Territory; or\n(e) a person holding any other office under an Australian law or a\nlaw of a foreign country.\n\nEvidence (National Uniform Legislation) Act 2011 96\n(5) This section extends to documents sealed, and documents signed,\nbefore the commencement of this section.\nNotes for section 150\n1 Section 5 of the Commonwealth Act extends the operation of this section of\nthe Commonwealth Act to proceedings in all Australian courts.\n2 Australian law is defined in the Dictionary.\n151 Seals of bodies established under State law\nNote for section 151\nThe Commonwealth Act includes a provision dealing with certain seals of bodies\nestablished by Royal Charter or a law of a State.\n","sortOrder":163},{"sectionNumber":"152","sectionType":"section","heading":"Documents produced from proper custody","content":"152 Documents produced from proper custody\nIf a document that is or purports to be more than 20 years old is\nproduced from proper custody, it is presumed, unless the contrary\nis proved, that:\n(a) the document is the document that it purports to be; and\n(b) if it purports to have been executed or attested by a person –\nit was duly executed or attested by that person.\nNote for section 152\nSection 182 of the Commonwealth Act gives section 152 of the Commonwealth\n","sortOrder":164},{"sectionNumber":"153","sectionType":"section","heading":"Gazettes and other official documents","content":"153 Gazettes and other official documents\n(1) It is presumed, unless the contrary is proved, that a document\npurporting:\n(a) to be any government or official gazette (by whatever name\ncalled) of the Territory, the Commonwealth, a State, another\nTerritory or a foreign country; or\n(b) to have been printed by the Government Printer of the\nTerritory, or by the government or official printer of the\nCommonwealth or of a State or another Territory; or\n(c) to have been printed by authority of the government or\nadministration of the Territory, the Commonwealth, a State,\nanother Territory or a foreign country;\n\nEvidence (National Uniform Legislation) Act 2011 97\nis what it purports to be and was published on the day on which it\npurports to have been published.\n(2) If:\n(a) there is produced to a court:\n(i) a copy of any government or official gazette (by\nwhatever name called) of the Territory, the\nCommonwealth, a State, another Territory or a foreign\ncountry; or\n(ii) a document that purports to have been printed by the\nGovernment Printer of the Territory, or by the\ngovernment or official printer of the Commonwealth or of\na State or another Territory; or\n(iii) a document that purports to have been printed by\nauthority of the government or administration of the\nTerritory, the Commonwealth, a State or another\nTerritory or a foreign country; and\n(b) the doing of an act:\n(i) by the Governor-General or by the Governor of a State\nor the Administrator of a Territory; or\n(ii) by a person authorised or empowered to do the act by\nan Australian law or a law of a foreign country;\nis notified or published in the copy or document;\nit is presumed, unless the contrary is proved, that the act was duly\ndone and, if the day on which the act was done appears in the copy\nor document, it was done on that day.\nNote for section 153\nSection 5 of the Commonwealth Act extends the operation of section 153 of the\n","sortOrder":165},{"sectionNumber":"154","sectionType":"section","heading":"Documents published by authority of Parliaments etc.","content":"154 Documents published by authority of Parliaments etc.\nIt is presumed, unless the contrary is proved, that a document\npurporting to have been printed by authority of an Australian\nParliament, a House of an Australian Parliament, a committee of\nsuch a House or a committee of an Australian Parliament:\n(a) is what it purports to be; and\n\nEvidence (National Uniform Legislation) Act 2011 98\n(b) was published on the day on which it purports to have been\npublished.\n","sortOrder":166},{"sectionNumber":"155","sectionType":"section","heading":"Evidence of official records","content":"155 Evidence of official records\n(1) Evidence of a Commonwealth record or of a public document of the\nTerritory, a State or another Territory may be adduced by producing\na document that:\n(a) purports to be such a record or document and to be signed or\nsealed by:\n(i) a Minister of the Commonwealth, or a Minister of the\nTerritory, a State or another Territory, as the case\nrequires; or\n(ii) a person who might reasonably be supposed to have\ncustody of the record or document; or\n(b) purports to be a copy of or extract from the record or\ndocument that is certified to be a true copy or extract by:\n(i) a Minister of the Commonwealth, or a Minister of the\nTerritory, a State or another Territory, as the case\nrequires; or\n(ii) a person who might reasonably be supposed to have\ncustody of the record or document.\n(2) If such a document is produced, it is presumed, unless evidence\nthat is sufficient to raise doubt about the presumption is adduced,\nthat:\n(a) the document is the record, public document, copy or extract\nthat it purports to be; and\n(b) the Minister of the Commonwealth, or the Minister of the\nTerritory, the State or the other Territory, or the person:\n(i) signed or sealed the record; or\n(ii) certified the copy or extract as a true copy or extract;\nas the case requires.\nNote for section 155\nThis section differs from section 155 of the Commonwealth Act. The\nCommonwealth provision refers to evidence of a \"public record\" of a State or\nTerritory rather than evidence of a \"public document\" of a State or Territory.\n\nEvidence (National Uniform Legislation) Act 2011 99\n","sortOrder":167},{"sectionNumber":"155A","sectionType":"section","heading":"Evidence of Commonwealth documents","content":"155A Evidence of Commonwealth documents\nNote for section 155A\nThe Commonwealth Act includes a provision that relates to evidence of\n","sortOrder":168},{"sectionNumber":"156","sectionType":"section","heading":"Public documents","content":"156 Public documents\n(1) A document that purports to be a copy of, or an extract from or\nsummary of, a public document and to have been:\n(a) sealed with the seal of a person who, or a body that, might\nreasonably be supposed to have the custody of the public\ndocument; or\n(b) certified as such a copy, extract or summary by a person who\nmight reasonably be supposed to have custody of the public\ndocument;\nis presumed, unless the contrary is proved, to be a copy of the\npublic document, or an extract from or summary of the public\n(2) If an officer entrusted with the custody of a public document is\nrequired by a court to produce the public document, it is sufficient\ncompliance with the requirement for the officer to produce a copy\nof, or extract from, the public document if it purports to be signed\nand certified by the officer as a true copy or extract.\n(3) It is sufficient production of a copy or extract for the purposes of\nsubsection (2) if the officer sends it by prepaid post, or causes it to\nbe delivered, to:\n(a) the proper officer of the court in which it is to be produced; or\n(b) the person before whom it is to be produced.\n(4) The court before which a copy or extract is produced under\nsubsection (2) may direct the officer to produce the original public\nNote for section 156\nSection 182 of the Commonwealth Act gives section 156 of the Commonwealth\n","sortOrder":169},{"sectionNumber":"157","sectionType":"section","heading":"Public documents relating to court processes","content":"157 Public documents relating to court processes\nEvidence of a public document that is a judgment, act or other\nprocess of an Australian court or a foreign court, or that is a\ndocument lodged with an Australian court or a foreign court, may be\n\nEvidence (National Uniform Legislation) Act 2011 100\nadduced by producing a document that purports to be a copy of the\npublic document and that:\n(a) is proved to be an examined copy; or\n(b) purports to be sealed with the seal of that court; or\n(c) purports to be signed by a judge, magistrate, registrar or other\nproper officer of that court.\nNote for section 157\nSection 5 of the Commonwealth Act extends the operation of section 157 of the\n","sortOrder":170},{"sectionNumber":"158","sectionType":"section","heading":"Evidence of certain public documents","content":"158 Evidence of certain public documents\n(a) a public document, or a certified copy of a public document, of\na State or this or another Territory is admissible for a purpose\nin the State or Territory under the law of that State or Territory;\nand\n(b) it purports to be sealed, or signed and sealed, or signed alone,\nas directed by the law of that State or Territory;\nit is admissible in evidence to the same extent and for that purpose\nin all Territory courts:\n(c) without proof of:\n(i) the seal or signature; or\n(ii) the official character of the person appearing to have\nsigned it; and\n(d) without further proof in every case in which the original\ndocument could have been received in evidence.\n(2) A public document of a State or this or another Territory that is\nadmissible in evidence for any purpose in that State or Territory\nunder the law of that State or Territory without proof of:\n(a) the seal or signature authenticating the document; or\n(b) the judicial or official character of the person appearing to\nhave signed the document;\nis admissible in evidence to the same extent and for any purpose in\nall Territory courts without such proof.\n\nEvidence (National Uniform Legislation) Act 2011 101\n(3) This section only applies to documents that are public records of a\nState or this or another Territory.\n","sortOrder":171},{"sectionNumber":"159","sectionType":"section","heading":"Official statistics","content":"159 Official statistics\nA document that purports:\n(a) to be published by the Australian Statistician; and\n(b) to contain statistics or abstracts compiled and analysed by the\nAustralian Statistician under the Census and Statistics\nAct 1905 (Cth);\nis evidence that those statistics or abstracts were compiled and\nanalysed by the Australian Statistician under that Act.\nNote for section 159\nSection 5 of the Commonwealth Act extends the operation of section 159 of the\n","sortOrder":172},{"sectionNumber":"160","sectionType":"section","heading":"Postal articles","content":"160 Postal articles\n(1) It is presumed (unless evidence sufficient to raise doubt about the\npresumption is adduced) that a postal article sent by prepaid post\naddressed to a person at a specified address in Australia or in an\nexternal Territory was received at that address on the\nseventhworking day after having been posted.\n(2) This section does not apply if:\nand\n(c) subsection (1) is inconsistent with a term of the contract.\nworking day means a day that is not:\n(a) a Saturday or a Sunday; or\n\nEvidence (National Uniform Legislation) Act 2011 102\n(b) a public holiday or a bank holiday in the place to which the\npostal article was addressed.\nNote for section 160\nSection 182 of the Commonwealth Act gives section 160 of the Commonwealth\nAct a wider application in relation to postal articles sent by a Commonwealth\nagency.\n","sortOrder":173},{"sectionNumber":"161","sectionType":"section","heading":"Electronic communications","content":"161 Electronic communications\n(1) If a document purports to contain a record of an electronic\ncommunication other than one referred to in section 162, it is\npresumed (unless evidence sufficient to raise doubt about the\npresumption is adduced) that the communication:\n(a) was sent or made in the form of electronic communication that\nappears from the document to have been the form by which it\nwas sent or made; and\n(b) was sent or made by or on behalf of the person by or on\nwhose behalf it appears from the document to have been sent\nor made; and\n(c) was sent or made on the day on which, at the time at which\nand from the place from which it appears from the document\nto have been sent or made; and\n(d) was received at the destination to which it appears from the\ndocument to have been sent; and\n(e) if it appears from the document that the sending of the\ncommunication concluded at a particular time – was received\nat that destination at that time.\n(2) A provision of subsection (1) does not apply if:\nand\n(c) the provision is inconsistent with a term of the contract.\nNote for section 161\nSection 182 of the Commonwealth Act gives section 161 of the Commonwealth\n","sortOrder":174},{"sectionNumber":"162","sectionType":"section","heading":"Lettergrams and telegrams","content":"162 Lettergrams and telegrams\n(1) If a document purports to contain a record of a message\ntransmitted by means of a lettergram or telegram, it is presumed\n\nEvidence (National Uniform Legislation) Act 2011 103\n(unless evidence sufficient to raise doubt about the presumption is\nadduced) that the message was received by the person to whom it\nwas addressed 24 hours after the message was delivered to a post\noffice for transmission as a lettergram or telegram.\n(2) This section does not apply if:\nand\n(c) subsection (1) is inconsistent with a term of the contract.\nNote for section 162\nSection 182 of the Commonwealth Act gives section 162 of the Commonwealth\n","sortOrder":175},{"sectionNumber":"163","sectionType":"section","heading":"Proof of letters having been sent by Commonwealth agencies","content":"163 Proof of letters having been sent by Commonwealth agencies\nNote for section 163\nSection 5 of the Commonwealth Act extends the operation of section 163 of the\n","sortOrder":176},{"sectionNumber":"164","sectionType":"section","heading":"Corroboration requirements abolished","content":"164 Corroboration requirements abolished\n(1) It is not necessary that evidence on which a party relies be\ncorroborated.\n(2) Subsection (1) does not affect the operation of a rule of law that\nrequires corroboration with respect to the offence of perjury or a\nsimilar or related offence.\n(3) Despite any rule, whether of law or practice, to the contrary, but\nsubject to the other provisions of this Act, if there is a jury, it is not\nnecessary that the judge:\n(a) warn the jury that it is dangerous to act on uncorroborated\nevidence or give a warning to the same or similar effect; or\n(b) give a direction relating to the absence of corroboration.\n\nEvidence (National Uniform Legislation) Act 2011 104\n","sortOrder":177},{"sectionNumber":"165","sectionType":"section","heading":"Unreliable evidence","content":"165 Unreliable evidence\n(1) This section applies to evidence of a kind that may be unreliable,\nincluding the following kinds of evidence:\n(a) evidence in relation to which Part 3.2 (Hearsay) or 3.4\n(Admissions) applies;\n(b) identification evidence;\n(c) evidence the reliability of which may be affected by age, ill\nhealth (whether physical or mental), injury or the like;\n(d) evidence given in a criminal proceeding by a witness, being a\nwitness who might reasonably be supposed to have been\ncriminally concerned in the events giving rise to the\nproceeding;\n(e) evidence given in a criminal proceeding by a witness who is a\nprison informer;\n(f) oral evidence of questioning by an investigating official of a\ndefendant that is questioning recorded in writing that has not\nbeen signed, or otherwise acknowledged in writing, by the\ndefendant;\n(g) in a proceeding against the estate of a deceased person –\nevidence adduced by or on behalf of a person seeking relief in\nthe proceeding that is evidence about a matter about which\nthe deceased person could have given evidence if he or she\nwere alive.\n(2) If there is a jury and a party so requests, the judge is to:\n(a) warn the jury that the evidence may be unreliable; and\n(b) inform the jury of matters that may cause it to be unreliable;\nand\n(c) warn the jury of the need for caution in determining whether to\naccept the evidence and the weight to be given to it.\n(3) The judge need not comply with subsection (2) if there are good\nreasons for not doing so.\n(4) It is not necessary that a particular form of words be used in giving\nthe warning or information.\n\nEvidence (National Uniform Legislation) Act 2011 105\n(5) This section does not affect any other power of the judge to give a\nwarning to, or to inform, the jury.\n(6) Subsection (2) does not permit a judge to warn or inform a jury in\nproceedings before it in which a child gives evidence that the\nreliability of the child's evidence may be affected by the age of the\nchild. Any such warning or information may be given only in\naccordance with section 165A(2) and (3).\n","sortOrder":178},{"sectionNumber":"165A","sectionType":"section","heading":"Warnings in relation to children's evidence","content":"165A Warnings in relation to children's evidence\n(1) A judge in any proceeding in which evidence is given by a child\nbefore a jury must not do any of the following:\n(a) warn the jury, or suggest to the jury, that children as a class\nare unreliable witnesses;\n(b) warn the jury, or suggest to the jury, that the evidence of\nchildren as a class is inherently less credible or reliable, or\nrequires more careful scrutiny, than the evidence of adults;\n(c) give a warning, or suggestion to the jury, about the unreliability\nof the particular child's evidence solely on account of the age\nof the child;\n(d) in the case of a criminal proceeding – give a general warning\nto the jury of the danger of convicting on the uncorroborated\nevidence of a witness who is a child.\n(2) Subsection (1) does not prevent the judge, at the request of a party,\nfrom:\n(a) informing the jury that the evidence of the particular child may\nbe unreliable and the reasons why it may be unreliable; and\n(b) warning or informing the jury of the need for caution in\ndetermining whether to accept the evidence of the particular\nchild and the weight to be given to it;\nif the party has satisfied the court that there are circumstances\n(other than solely the age of the child) particular to the child that\naffect the reliability of the child's evidence and that warrant the\ngiving of a warning or the information.\n(3) This section does not affect any other power of a judge to give a\nwarning to, or to inform, the jury.\n\nEvidence (National Uniform Legislation) Act 2011 106\n","sortOrder":179},{"sectionNumber":"165B","sectionType":"section","heading":"Delay in prosecution","content":"165B Delay in prosecution\n(1) This section applies in a criminal proceeding in which there is a\njury.\n(2) If the court, on application by the defendant, is satisfied that the\ndefendant has suffered a significant forensic disadvantage because\nof the consequences of delay, the court must inform the jury of the\nnature of that disadvantage and the need to take that disadvantage\ninto account when considering the evidence.\nSubsection (2) differs from the NSW Act.\n(3) The judge need not comply with subsection (2) if there are good\nreasons for not doing so.\n(4) It is not necessary that a particular form of words be used in\ninforming the jury of the nature of the significant forensic\ndisadvantage suffered and the need to take that disadvantage into\naccount, but the judge must not in any way suggest to the jury that\nit would be dangerous or unsafe to convict the defendant solely\nbecause of the delay or the forensic disadvantage suffered because\nof the consequences of the delay.\n(5) The judge must not warn or inform the jury about any forensic\ndisadvantage the defendant may have suffered because of delay\nexcept in accordance with this section, but this section does not\naffect any other power of the judge to give any warning to, or to\ninform, the jury.\n(6) For the purposes of this section:\n(a) delay includes delay between the alleged offence and its\nbeing reported; and\n(b) significant forensic disadvantage is not to be regarded as\nbeing established by the mere existence of a delay.\n(7) For the purposes of this section, the factors that may be regarded\nas establishing a significant forensic disadvantage include, but\nare not limited to, the following:\n(a) the fact that any potential witnesses have died or are not able\nto be located;\n(b) the fact that any potential evidence has been lost or is\notherwise unavailable.\n\nEvidence (National Uniform Legislation) Act 2011 107\nNote for Part 4.6, Division 1\nSection 182 of the Commonwealth Act gives Part 4.6, Division 1 of the\n","sortOrder":180},{"sectionNumber":"166","sectionType":"section","heading":"Definition of request","content":"166 Definition of request\nIn this Division:\nrequest means a request that a party (the requesting party)\nmakes to another party to do one or more of the following:\n(a) to produce to the requesting party the whole or a part of a\nspecified document or thing;\n(b) to permit the requesting party, adequately and in an\nappropriate way, to examine, test or copy the whole or a part\nof a specified document or thing;\n(c) to call as a witness a specified person believed to be\nconcerned in the production or maintenance of a specified\ndocument or thing;\n(d) to call as a witness a specified person in whose possession or\nunder whose control a specified document or thing is believed\nto be or to have been at any time;\n(e) in relation to a document of the kind referred to in\nparagraph (b) or (c) of the definition of document in the\nDictionary – to permit the requesting party, adequately and in\nan appropriate way, to examine and test the document and\nthe way in which it was produced and has been kept;\n(f) in relation to evidence of a previous representation – to call as\na witness the person who made the previous representation;\n(g) in relation to evidence that a person has been convicted of an\noffence, being evidence to which section 92(2) applies – to\ncall as a witness a person who gave evidence in the\nproceeding in which the person was so convicted.\n\nEvidence (National Uniform Legislation) Act 2011 108\n","sortOrder":181},{"sectionNumber":"167","sectionType":"section","heading":"Requests may be made about certain matters","content":"167 Requests may be made about certain matters\nA party may make a reasonable request to another party for the\npurpose of determining a question that relates to:\n(a) a previous representation; or\n(b) evidence of a conviction of a person for an offence; or\n(c) the authenticity, identity or admissibility of a document or\nthing.\n","sortOrder":182},{"sectionNumber":"168","sectionType":"section","heading":"Time limits for making certain requests","content":"168 Time limits for making certain requests\n(1) If a party has given to another party written notice of its intention to\nadduce evidence of a previous representation, the other party may\nonly make a request to the party relating to the representation if the\nrequest is made within 21 days after the notice was given.\n(2) Despite subsection (1), the court may give the other party leave to\nmake a request relating to the representation after the end of that\n21 day period if it is satisfied that there is a good reason to do so.\n(3) If a party has given to another party written notice of its intention to\nadduce evidence of a person's conviction of an offence in order to\nprove a fact in issue, the other party may only make a request\nrelating to evidence of the conviction if the request is made within\n21 days after the notice is given.\n(4) Despite subsection (3), the court may give the other party leave to\nmake a request relating to evidence of the conviction after the end\nof that 21 day period if it is satisfied that there is good reason to do\nso.\n(5) If a party has served on another party a copy of a document that it\nintends to tender in evidence, the other party may only make a\nrequest relating to the document if the request is made within\n21 days after service of the copy.\n(6) If the copy of the document served under subsection (5) is\naccompanied by, or has endorsed on it, a notice stating that the\ndocument is to be tendered to prove the contents of another\ndocument, the other party may only make a request relating to the\nother document if the request is made within 21 days after service\nof the copy.\n(7) Despite subsections (5) and (6), the court may give the other party\nleave to make a request relating to the document, or other\ndocument, after the end of the 21 day period if it is satisfied that\nthere is good reason to do so.\n\nEvidence (National Uniform Legislation) Act 2011 109\n","sortOrder":183},{"sectionNumber":"169","sectionType":"section","heading":"Failure or refusal to comply with requests","content":"169 Failure or refusal to comply with requests\n(1) If the party has, without reasonable cause, failed or refused to\ncomply with a request, the court may, on application, make one or\nmore of the following orders:\n(a) an order directing the party to comply with the request;\n(b) an order that the party produce a specified document or thing,\nor call as a witness a specified person, as mentioned in\nsection 166;\n(c) an order that the evidence in relation to which the request was\nmade is not to be admitted in evidence;\n(d) such order with respect to adjournment or costs as is just.\n(2) If the party had, within a reasonable time after receiving the\nrequest, informed the other party that it refuses to comply with the\nrequest, any application under subsection (1) by the other party\nmust be made within a reasonable time after being so informed.\n(3) The court may, on application, direct that evidence in relation to\nwhich a request was made is not to be admitted in evidence if an\norder made by it under subsection (1)(a) or (b) is not complied with.\n(4) Without limiting the circumstances that may constitute reasonable\ncause for a party to fail to comply with a request, it is reasonable\ncause to fail to comply with a request if:\n(a) the document or thing to be produced is not available to the\n(b) the existence and contents of the document are not in issue in\nthe proceeding in which evidence of the document is proposed\nto be adduced; or\n(c) the person to be called as a witness is not available.\n(5) Without limiting the matters that the court may take into account in\nrelation to the exercise of a power under subsection (1), it is to take\ninto account:\n(a) the importance in the proceeding of the evidence in relation to\nwhich the request was made; and\n(b) whether there is likely to be a dispute about the matter to\nwhich the evidence relates; and\n\n","sortOrder":184},{"sectionNumber":"Div 2","sectionType":"division","heading":"Proof of certain matters by affidavits or written statements","content":"Division 2 Proof of certain matters by affidavits or written statements\nEvidence (National Uniform Legislation) Act 2011 110\n(c) whether there is a reasonable doubt as to the authenticity or\naccuracy of the evidence that is, or the document the contents\nof which are, sought to be proved; and\n(d) whether there is a reasonable doubt as to the authenticity of\nthe document or thing that is sought to be tendered; and\n(e) if the request relates to evidence of a previous\nrepresentation – whether there is a reasonable doubt as to the\naccuracy of the representation or of the evidence on which it\nwas based; and\n(f) in the case of a request referred to in paragraph (g) of the\ndefinition of request in section 166 – whether another person\nis available to give evidence about the conviction or the facts\nthat were in issue in the proceeding in which the conviction\nwas obtained; and\n(g) whether compliance with the request would involve undue\nexpense or delay or would not be reasonably practicable; and\n(h) the nature of the proceeding.\nNote for section 169\nClause 5 of Part 2 of the Dictionary is about the availability of documents and\nthings, and clause 4 of Part 2 of the Dictionary is about the availability of persons.\nDivision 2 Proof of certain matters by affidavits or written\nstatements\nNote for Part 4.6, Division 2\nSection 182 of the Commonwealth Act gives Part 4.6, Division 2 of the\n","sortOrder":185},{"sectionNumber":"170","sectionType":"section","heading":"Evidence relating to certain matters","content":"170 Evidence relating to certain matters\n(1) Evidence of a fact that is, because of a provision of this Act referred\nto in the Table, to be proved in relation to a document or thing may\nbe given by a person permitted under section 171 to give such\nProvisions of this Act Subject-matter\nSection 48 Proof of contents of documents\nSections 63, 64 and 65 Hearsay exceptions for \"first-hand\"\nhearsay\nSection 69 Hearsay exception for business\nrecords\n\nDivision 2 Proof of certain matters by affidavits or written statements\nEvidence (National Uniform Legislation) Act 2011 111\nProvisions of this Act Subject-matter\nSection 70 Hearsay exception for tags, labels\nand other writing\nSection 71 Hearsay exception for electronic\ncommunications\nThe provisions of Part 4.3 Facilitation of proof\nThe Table to section 170 of the Commonwealth Act includes a reference to\nsection 182 (Commonwealth records) of that Act.\n(2) Evidence may be given by affidavit or, if the evidence relates to a\npublic document, by a written statement.\n","sortOrder":186},{"sectionNumber":"171","sectionType":"section","heading":"Persons who may give such evidence","content":"171 Persons who may give such evidence\n(1) Such evidence may be given by:\n(a) a person who, at the relevant time or afterwards, had a\nposition of responsibility in relation to making or keeping the\ndocument or thing; or\n(b) except in the case of evidence of a fact that is to be proved in\nrelation to a document or thing because of section 63, 64\nor 65 – an authorised person.\n(2) Despite subsection (1)(b), evidence must not be given under this\nsection by an authorised person who, at the relevant time or\nafterwards, did not have a position of responsibility in relation to\nmaking or keeping the document or thing unless it appears to the\ncourt that:\n(a) it is not reasonably practicable for the evidence to be given by\na person who had, at the relevant time or afterwards, a\nposition of responsibility in relation to making or keeping the\ndocument or thing; or\n(b) having regard to all the circumstances of the case, undue\nexpense would be caused by calling such a person as a\n\nEvidence (National Uniform Legislation) Act 2011 112\nauthorised person means:\n(a) a person before whom an affidavit may be given on oath and\ntaken in a country or place outside the Territory under\nsection 7(2) of the Oaths, Affidavits and Declarations\nAct 2010; or\n(b) a police officer of or above the rank of sergeant; or\n(c) a person authorised by the Attorney-General for the purposes\nof this section.\nThe Commonwealth Act, NSW Act and Victorian Act contain a different definition\nof authorised person.\n","sortOrder":187},{"sectionNumber":"172","sectionType":"section","heading":"Evidence based on knowledge, belief or information","content":"172 Evidence based on knowledge, belief or information\n(1) Despite Chapter 3, the evidence may include evidence based on\nthe knowledge and belief of the person who gives it, or on\ninformation that that person has.\n(2) An affidavit or statement that includes evidence based on\nknowledge, information or belief must set out the source of the\nknowledge or information or the basis of the belief.\n","sortOrder":188},{"sectionNumber":"173","sectionType":"section","heading":"Notification of other parties","content":"173 Notification of other parties\n(1) A copy of the affidavit or statement must be served on each party a\nreasonable time before the hearing of the proceeding.\n(2) The party who tenders the affidavit or statement must, if another\nparty so requests, call the deponent or person who made the\nstatement to give evidence but need not otherwise do so.\n","sortOrder":189},{"sectionNumber":"174","sectionType":"section","heading":"Evidence of foreign law","content":"174 Evidence of foreign law\n(1) Evidence of a statute, proclamation, treaty or act of state of a\nforeign country may be adduced in a proceeding by producing:\n(a) a book or pamphlet, containing the statute, proclamation,\ntreaty or act of state, that purports to have been printed by the\ngovernment or official printer of the country or by the authority\nof the government or administration of the country; or\n\nEvidence (National Uniform Legislation) Act 2011 113\n(b) a book or other publication, containing the statute,\nproclamation, treaty or act of state, that appears to the court to\nbe a reliable source of information; or\n(c) a book or pamphlet that is or would be used in the courts of\nthe country to inform the courts about, or prove, the statute,\nproclamation, treaty or act of state; or\n(d) a copy of the statute, proclamation, treaty or act of state that is\nproved to be an examined copy.\n(2) A reference in this section to a statute of a foreign country includes\na reference to a regulation or by-law of the country.\n","sortOrder":190},{"sectionNumber":"175","sectionType":"section","heading":"Evidence of law reports of foreign countries","content":"175 Evidence of law reports of foreign countries\n(1) Evidence of the unwritten or common law of a foreign country may\nbe adduced by producing a book containing reports of judgments of\ncourts of the country if the book is or would be used in the courts of\nthe country to inform the courts about the unwritten or common law\nof the country.\n(2) Evidence of the interpretation of a statute of a foreign country may\nbe adduced by producing a book containing reports of judgments of\ncourts of the country if the book is or would be used in the courts of\nthe country to inform the courts about the interpretation of the\nstatute.\n","sortOrder":191},{"sectionNumber":"176","sectionType":"section","heading":"Questions of foreign law to be decided by judge","content":"176 Questions of foreign law to be decided by judge\nIf, in a proceeding in which there is a jury, it is necessary to\nascertain the law of another country which is applicable to the facts\nof the case, any question as to the effect of the evidence adduced\nwith respect to that law is to be decided by the judge alone.\n","sortOrder":192},{"sectionNumber":"177","sectionType":"section","heading":"Certificates of expert evidence","content":"177 Certificates of expert evidence\n(1) Evidence of a person's opinion may be adduced by tendering a\ncertificate (expert certificate) signed by the person that:\n(a) states the person's name and address; and\n(b) states that the person has specialised knowledge based on\nhis or her training, study or experience as specified in the\ncertificate; and\n\nEvidence (National Uniform Legislation) Act 2011 114\n(c) sets out an opinion that the person holds and that is\nexpressed to be wholly or substantially based on that\nknowledge.\n(2) Subsection (1) does not apply unless the party seeking to tender\nthe expert certificate has served on each other party:\n(a) a copy of the certificate; and\n(b) a written notice stating that the party proposes to tender the\ncertificate as evidence of the opinion.\n(3) Service must be effected not later than:\n(a) 21 days before the hearing; or\n(b) if, on application by the party before or after service, the court\nsubstitutes a different period – the beginning of that period.\n(4) Service for the purposes of subsection (2) may be proved by\naffidavit.\n(5) A party on whom the documents referred to in subsection (2) are\nserved may, by written notice served on the party proposing to\ntender the expert certificate, require the party to call the person who\nsigned the certificate to give evidence.\n(6) The expert certificate is not admissible as evidence if such a\nrequirement is made.\n(7) The court may make such order with respect to costs as it\nconsiders just against a party who has, without reasonable cause,\nrequired a party to call a person to give evidence under this section.\n","sortOrder":193},{"sectionNumber":"178","sectionType":"section","heading":"Convictions, acquittals and other judicial proceedings","content":"178 Convictions, acquittals and other judicial proceedings\n(1) This section applies to the following facts:\n(a) the conviction or acquittal before or by an applicable court of a\nperson charged with an offence;\n(b) the sentencing of a person to any punishment or pecuniary\npenalty by an applicable court;\n(c) an order by an applicable court;\n(d) the pendency or existence at any time before an applicable\ncourt of a civil or criminal proceeding.\n\nEvidence (National Uniform Legislation) Act 2011 115\n(2) Evidence of a fact to which this section applies may be given by a\ncertificate signed by a judge, a magistrate or registrar or other\nproper officer of the applicable court:\n(a) showing the fact, or purporting to contain particulars, of the\nrecord, indictment, conviction, acquittal, sentence, order or\nproceeding in question; and\n(b) stating the time and place of the conviction, acquittal,\nsentence, order or proceeding; and\n(c) stating the title of the applicable court.\n(3) A certificate given under this section showing a conviction,\nacquittal, sentence or order is also evidence of the particular\noffence or matter in respect of which the conviction, acquittal,\nsentence or order was had, passed or made, if stated in the\ncertificate.\n(4) A certificate given under this section showing the pendency or\nexistence of a proceeding is also evidence of the particular nature\nand occasion, or ground and cause, of the proceeding, if stated in\nthe certificate.\n(5) A certificate given under this section purporting to contain\nparticulars of a record, indictment, conviction, acquittal, sentence,\norder or proceeding is also evidence of the matters stated in the\ncertificate.\nacquittal includes the dismissal of the charge in question by an\napplicable court.\napplicable court means an Australian court or a foreign court.\nNote for section 178\nSection 91 excludes evidence of certain judgments and convictions.\n","sortOrder":194},{"sectionNumber":"179","sectionType":"section","heading":"Proof of identity of convicted persons – affidavits by members","content":"179 Proof of identity of convicted persons – affidavits by members\nof State or Territory police forces\n(1) This section applies if a member of a police force of a State or\nTerritory:\n(a) makes an affidavit in the form prescribed by the regulations for\nthe purposes of this section; and\n(b) states in the affidavit that he or she is a fingerprint expert for\nthat police force.\n\nEvidence (National Uniform Legislation) Act 2011 116\n(2) For the purpose of proving before a court the identity of a person\nalleged to have been convicted in that State or Territory of an\noffence, the affidavit is evidence in a proceeding that the person\nwhose fingerprints are shown on a fingerprint card referred to in the\naffidavit and marked for identification:\n(a) is the person referred to in a certificate of conviction, or\ncertified copy of conviction annexed to the affidavit, as having\nbeen convicted of an offence; and\n(b) was convicted of that offence; and\n(c) was convicted of any other offence of which he or she is\nstated in the affidavit to have been convicted.\n(3) For the purposes of this section, if a Territory does not have its own\npolice force, the police force performing the policing functions of the\nTerritory is taken to be the police force of the Territory.\n","sortOrder":195},{"sectionNumber":"180","sectionType":"section","heading":"Proof of identity of convicted persons – affidavits by members","content":"180 Proof of identity of convicted persons – affidavits by members\nof Australian Federal Police\n(1) This section applies if a member of the Australian Federal Police:\n(a) makes an affidavit in the form prescribed by the regulations for\nthe purposes of this section; and\n(b) states in the affidavit that he or she is a fingerprint expert for\nthe Australian Federal Police.\n(2) For the purpose of proving before a court the identity of a person\nalleged to have been convicted of an offence against a law of the\nCommonwealth, the affidavit is evidence in a proceeding that the\nperson whose fingerprints are shown on a fingerprint card referred\nto in the affidavit and marked for identification:\n(a) is the person referred to in a certificate of conviction, or\ncertified copy of conviction annexed to the affidavit, as having\nbeen convicted of an offence; and\n(b) was convicted of that offence; and\n(c) was convicted of any other offence of which he or she is\nstated in the affidavit to have been convicted.\n\nEvidence (National Uniform Legislation) Act 2011 117\n","sortOrder":196},{"sectionNumber":"181","sectionType":"section","heading":"Proof of service of statutory notifications, notices, orders and","content":"181 Proof of service of statutory notifications, notices, orders and\ndirections\n(1) The service, giving or sending under an Australian law of a written\nnotification, notice, order or direction may be proved by affidavit of\nthe person who served, gave or sent it.\n(2) A person who, for the purposes of a proceeding, makes an affidavit\nreferred to in this section is not, because of making the affidavit,\nexcused from attending for cross-examination if required to do so\nby a party to the proceeding.\n\nEvidence (National Uniform Legislation) Act 2011 118\n","sortOrder":197},{"sectionNumber":"182","sectionType":"section","heading":"Application of certain sections in relation to Commonwealth","content":"182 Application of certain sections in relation to Commonwealth\nrecords\nNote for section 182\nThe Commonwealth Act includes a provision that extends the operation of certain\nprovisions of the Commonwealth Act to Commonwealth records.\n","sortOrder":198},{"sectionNumber":"183","sectionType":"section","heading":"Inferences","content":"183 Inferences\nIf a question arises about the application of a provision of this Act in\nrelation to a document or thing, the court may:\n(a) examine the document or thing; and\n(b) draw any reasonable inferences from it as well as from other\nmatters from which inferences may properly be drawn.\nNote for section 183\nSection 182 of the Commonwealth Act gives section 183 of the Commonwealth\n","sortOrder":199},{"sectionNumber":"184","sectionType":"section","heading":"Accused may admit matters and give consents","content":"184 Accused may admit matters and give consents\n(1) In or before a criminal proceeding, a defendant may:\n(a) admit matters of fact; and\n(b) give any consent;\nthat a party to a civil proceeding may make or give.\n(2) A defendant's admission or consent is not effective for the purposes\nof subsection (1) unless:\n(a) the defendant has been advised to do so by the defendant's\nAustralian legal practitioner or legal counsel; or\n(b) the court is satisfied that the defendant understands the\nconsequences of making the admission or giving the consent.\n","sortOrder":200},{"sectionNumber":"185","sectionType":"section","heading":"Full faith and credit to be given to documents properly","content":"185 Full faith and credit to be given to documents properly\nauthenticated\nNote for section 185\nThe Commonwealth Act includes a provision requiring full faith and credit to be\ngiven to the public acts, records and judicial proceedings of a State or Territory.\n\nEvidence (National Uniform Legislation) Act 2011 119\n","sortOrder":201},{"sectionNumber":"186","sectionType":"section","heading":"Swearing of affidavits","content":"186 Swearing of affidavits\nNote for section 186\nThe Commonwealth Act includes a provision about swearing of affidavits before\njustices of the peace, notaries public and lawyers for use in court proceedings\ninvolving the exercise of federal jurisdiction and in courts of a Territory.\n","sortOrder":202},{"sectionNumber":"187","sectionType":"section","heading":"No privilege against self-incrimination for bodies corporate","content":"187 No privilege against self-incrimination for bodies corporate\n(1) This section applies if, under a law of the Territory or in a\nproceeding, a body corporate is required to:\n(a) answer a question or give information; or\n(b) produce a document or any other thing, or\n(c) do any other act whatever.\n(2) The body corporate is not entitled to refuse or fail to comply with the\nrequirement on the ground that answering the question, giving the\ninformation, producing the document or other thing or doing that\nother act, as the case may be, might tend to incriminate the body or\nmake the body liable to a penalty.\nNote for section 187\nThis section differs from the Commonwealth Act, NSW Act and Victorian Act.\n","sortOrder":203},{"sectionNumber":"188","sectionType":"section","heading":"Impounding documents","content":"188 Impounding documents\nThe court may direct that a document that has been tendered or\nproduced before the court (whether or not it is admitted in evidence)\nis to be impounded and kept in the custody of an officer of the court\nor of another person for such period, and subject to such\nconditions, as the court thinks fit.\n","sortOrder":204},{"sectionNumber":"189","sectionType":"section","heading":"The voir dire","content":"189 The voir dire\n(1) If the determination of a question whether:\n(a) evidence should be admitted (whether in the exercise of a\ndiscretion or not); or\n(b) evidence can be used against a person; or\n(c) a witness is competent or compellable;\ndepends on the court finding that a particular fact exists, the\nquestion whether that fact exists is, for the purposes of this section,\na preliminary question.\n\nEvidence (National Uniform Legislation) Act 2011 120\n(2) If there is a jury, a preliminary question whether:\n(a) particular evidence is evidence of an admission, or evidence\nto which section 138 (Exclusion of improperly or illegally\nobtained evidence) applies; or\n(b) evidence of an admission, or evidence to which section 138\napplies, should be admitted;\nis to be heard and determined in the jury's absence.\n(3) In the hearing of a preliminary question about whether a\ndefendant's admission should be admitted into evidence (whether in\nthe exercise of a discretion or not) in a criminal proceeding, the\nissue of the admission's truth or untruth is to be disregarded unless\nthe issue is introduced by the defendant.\n(4) If there is a jury, the jury is not to be present at a hearing to decide\nany other preliminary question unless the court so orders.\n(5) Without limiting the matters that the court may take into account in\ndeciding whether to make such an order, it is to take into account:\n(a) whether the evidence to be adduced in the course of that\nhearing is likely to be prejudicial to the defendant; and\n(b) whether the evidence concerned will be adduced in the course\nof the hearing to decide the preliminary question; and\n(c) whether the evidence to be adduced in the course of that\nhearing would be admitted if adduced at another stage of the\nhearing (other than in another hearing to decide a preliminary\nquestion or, in a criminal proceeding, a hearing in relation to\nsentencing).\n(6) Section 128(10) does not apply to a hearing to decide a preliminary\nquestion.\n(7) In the application of Chapter 3 to a hearing to determine a\npreliminary question, the facts in issue are taken to include the fact\nto which the hearing relates.\n(8) If a jury in a proceeding was not present at a hearing to determine a\npreliminary question, evidence is not to be adduced in the\nproceeding of evidence given by a witness at the hearing unless:\n(a) it is inconsistent with other evidence given by the witness in\nthe proceeding; or\n(b) the witness has died.\n\nEvidence (National Uniform Legislation) Act 2011 121\n","sortOrder":205},{"sectionNumber":"190","sectionType":"section","heading":"Waiver of rules of evidence","content":"190 Waiver of rules of evidence\n(1) The court may, if the parties consent, by order dispense with the\napplication of any one or more of the provisions of:\n(a) Part 2.1, Division 3, 4 or 5; or\n(b) Part 2.2 or 2.3; or\n(c) Parts 3.2 to 3.8;\nin relation to particular evidence or generally.\n(2) In a criminal proceeding, a defendant's consent is not effective for\nthe purposes of subsection (1) unless:\n(a) the defendant has been advised to do so by the defendant's\nAustralian legal practitioner or legal counsel; or\n(b) the court is satisfied that the defendant understands the\nconsequences of giving the consent.\n(3) In a civil proceeding, the court may order that any one or more of\nthe provisions mentioned in subsection (1) do not apply in relation\nto evidence if:\n(a) the matter to which the evidence relates is not genuinely in\ndispute; or\n(b) the application of those provisions would cause or involve\nunnecessary expense or delay.\n(4) Without limiting the matters that the court may take into account in\ndeciding whether to exercise the power conferred by subsection (3),\nit is to take into account:\n(a) the importance of the evidence in the proceeding; and\n(b) the nature of the cause of action or defence and the nature of\nthe subject-matter of the proceeding; and\n(c) the probative value of the evidence; and\n(d) the powers of the court (if any) to adjourn the hearing, to make\nanother order or to give a direction in relation to the evidence.\n\nEvidence (National Uniform Legislation) Act 2011 122\n","sortOrder":206},{"sectionNumber":"191","sectionType":"section","heading":"Agreements as to facts","content":"191 Agreements as to facts\nagreed fact means a fact that the parties to a proceeding have\nagreed is not, for the purposes of the proceeding, to be disputed.\n(2) In a proceeding:\n(a) evidence is not required to prove the existence of an agreed\nfact; and\n(b) evidence may not be adduced to contradict or qualify an\nagreed fact;\n(3) Subsection (2) does not apply unless the agreed fact:\n(a) is stated in an agreement in writing signed by the parties or by\nAustralian legal practitioners, legal counsel or prosecutors\nrepresenting the parties and adduced in evidence in the\nproceeding; or\n(b) with the leave of the court, is stated by a party before the court\nwith the agreement of all other parties.\n","sortOrder":207},{"sectionNumber":"192","sectionType":"section","heading":"Leave, permission or direction may be given on terms","content":"192 Leave, permission or direction may be given on terms\n(1) If, because of this Act, a court may give any leave, permission or\ndirection, the leave, permission or direction may be given on such\nterms as the court thinks fit.\ndeciding whether to give the leave, permission or direction, it is to\ntake into account:\n(a) the extent to which to do so would be likely to add unduly to,\nor to shorten, the length of the hearing; and\n(b) the extent to which to do so would be unfair to a party or to a\nwitness; and\n(c) the importance of the evidence in relation to which the leave,\npermission or direction is sought; and\n(d) the nature of the proceeding; and\n(e) the power (if any) of the court to adjourn the hearing or to\nmake another order or to give a direction in relation to the\n\nEvidence (National Uniform Legislation) Act 2011 123\n","sortOrder":208},{"sectionNumber":"192A","sectionType":"section","heading":"Advance rulings and findings","content":"192A Advance rulings and findings\nWhere a question arises in any proceedings, being a question\nabout:\n(a) the admissibility or use of evidence proposed to be adduced;\nor\n(b) the operation of a provision of this Act or another law in\nrelation to evidence proposed to be adduced; or\n(c) the giving of leave, permission or direction under section 192;\nthe court may, if it considers it to be appropriate to do so, give a\nruling or make a finding in relation to the question before the\nevidence is adduced in the proceedings.\n","sortOrder":209},{"sectionNumber":"193","sectionType":"section","heading":"Additional powers","content":"193 Additional powers\n(1) The powers of a court in relation to:\n(a) the discovery or inspection of documents; and\n(b) ordering disclosure and exchange of evidence, intended\nevidence, documents and reports;\nextend to enabling the court to make such orders as the court\nthinks fit (including orders about methods of inspection,\nadjournments and costs) to ensure that the parties to a proceeding\ncan adequately, and in an appropriate manner, inspect documents\nof the kind referred to in paragraph (b) or (c) of the definition of\ndocument in the Dictionary.\n(2) The power of a person or body to make rules of courts extends to\nmaking rules, not inconsistent with this Act or the regulations,\nprescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(3) Without limiting subsection (2), rules made under that subsection\nmay provide for the discovery, exchange, inspection or disclosure\nof intended evidence, documents and reports of persons intended\nto be called by a party to give evidence in a proceeding.\n(4) Without limiting subsection (2), rules made under that subsection\nmay provide for the exclusion of evidence, or for its admission on\nspecified terms, if the rules are not complied with.\n\nEvidence (National Uniform Legislation) Act 2011 124\n","sortOrder":210},{"sectionNumber":"194","sectionType":"section","heading":"Witnesses failing to attend proceedings","content":"194 Witnesses failing to attend proceedings\n(1) If, in a civil or criminal proceeding, a witness fails to appear when\ncalled and it is proved that the witness has been:\n(a) bound over to appear; or\n(b) duly bound by recognisance or undertaking to appear; or\n(c) served with a summons or subpoena to attend and a\nreasonable sum of money has been provided to the witness\nfor his or her costs in so attending;\nthe court may:\n(d) issue a warrant to apprehend the witness and bring him or her\nbefore the court; or\n(e) order the witness to pay a fine of not more than 5 penalty\nunits; or\n(f) take any other action against the witness that is permitted by\nlaw.\n(2) If a subpoena or summons has been issued for the attendance of a\nwitness on the hearing of a civil or criminal proceeding and it is\nproved, on application by the party seeking to compel his or her\nattendance, that the witness:\n(a) is avoiding service of the subpoena or summons; or\n(b) has been duly served with the subpoena or summons but is\nunlikely to comply with it;\nthe court may issue a warrant to apprehend the witness and bring\nthe witness before the court.\n(3) In issuing a warrant under this section, the court may endorse the\nwarrant with a direction that the person must, on arrest, be released\non bail as specified in the endorsement.\n(4) An endorsement under subsection (3) must fix the amounts in\nwhich the principal and the sureties (if any) are bound and the\namount of any money or the value of any security to be deposited.\n(5) The person to whom the warrant to arrest is directed must cause\nthe person named or described in the warrant when arrested:\n(a) to be released on bail in accordance with any endorsement on\nthe warrant; or\n\nEvidence (National Uniform Legislation) Act 2011 125\n(b) if there is no endorsement on the warrant, to be brought\nbefore the court which issued the warrant; or\n(c) to be discharged from custody on bail in accordance with the\nBail Act 1982.\n(6) Matters may be proved under this section orally or by affidavit.\n(7) A witness, who under subsection (1)(e) has been ordered to pay a\nfine, is not exempted from any other proceedings for disobeying the\nsubpoena or summons.\nNote for section 194\nThis section differs from the NSW Act. The Commonwealth Act does not include\nan equivalent provision to section 194. There are provisions to the same effect in\nfederal court rules and Australian Capital Territory legislation applying to\nproceedings before federal courts and Australian Capital Territory courts.\n","sortOrder":211},{"sectionNumber":"195","sectionType":"section","heading":"Prohibited question not to be published","content":"195 Prohibited question not to be published\n(1) A person must not, without the express permission of a court, print\nor publish:\n(a) any question that the court has disallowed under section 41\n(Improper questions); or\n(b) any question that the court has disallowed because any\nanswer that is likely to be given to the question would\ncontravene the credibility rule; or\n(c) any question in respect of which the court has refused to give\nleave under Part 3.7 (Credibility).\nMaximum penalty: 60 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n","sortOrder":212},{"sectionNumber":"197","sectionType":"section","heading":"Regulations","content":"197 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may:\n(a) for an offence against a regulation, prescribe a fine not\nexceeding 200 penalty units; or\n\nEvidence (National Uniform Legislation) Act 2011 126\n(b) provide for an offence against a regulation to be an offence of\nstrict or absolute liability but not with a penalty exceeding\n100 penalty units.\nNote for section 197\nThis section differs from the Commonwealth Act and NSW Act.\n\nEvidence (National Uniform Legislation) Act 2011 127\n","sortOrder":213},{"sectionNumber":"Part 6","sectionType":"part","heading":"Transitional matters for Evidence (National","content":"Chapter 6 Transitional matters for Evidence (National\nUniform Legislation) Act 2011\n","sortOrder":214},{"sectionNumber":"198","sectionType":"section","heading":"Definitions","content":"198 Definitions\ncommencement day means the day on which section 4\ncommences.\n","sortOrder":215},{"sectionNumber":"199","sectionType":"section","heading":"Application of this Act on commencement day","content":"199 Application of this Act on commencement day\n(1) Except as otherwise provided by this Chapter, this Act applies to a\nproceeding commenced on or after the commencement day.\n(2) Except as otherwise provided by this Chapter, if a proceeding\ncommenced before the commencement day, this Act applies to that\npart of the proceeding that takes place on or after the\ncommencement day, other than any hearing in the proceeding that\ncommenced before the commencement day and:\n(a) continued on or after the commencement day; or\n(b) was adjourned until the commencement day or a day after the\ncommencement day.\n","sortOrder":216},{"sectionNumber":"200","sectionType":"section","heading":"Application of section 128A","content":"200 Application of section 128A\nSection 128A does not apply in relation to an order made before the\ncommencement day that would, if it were made after the\ncommencement day, be a disclosure order as defined in that\n","sortOrder":217},{"sectionNumber":"201","sectionType":"section","heading":"Application of Part 3.10 to disclosure requirements","content":"201 Application of Part 3.10 to disclosure requirements\n(1) Part 3.10 does not apply in relation to:\n(a) a process or order of a court that requires the disclosure of\ninformation or a document issued or ordered before the\ncommencement day that would, if it were issued or ordered\nafter the commencement day, be a disclosure requirement as\ndefined in section 131A; or\n(b) a summons or subpoena issued on or after the\ncommencement day to give evidence or produce documents\nat a hearing to which section 199(2)(a) or (b) applies.\n\nEvidence (National Uniform Legislation) Act 2011 128\n(2) Despite subsection (1)(a), Part 3.10 applies to a summons or\nsubpoena to give evidence issued before the commencement day if\nthe evidence is to be given at a hearing to which this Act applies.\n","sortOrder":218},{"sectionNumber":"202","sectionType":"section","heading":"Identifications already carried out","content":"202 Identifications already carried out\n(1) Section 114 does not apply in relation to an identification made\n(2) Section 115 does not apply in relation to an identification made\n","sortOrder":219},{"sectionNumber":"203","sectionType":"section","heading":"Documents and evidence produced before commencement","content":"203 Documents and evidence produced before commencement\nday by processes, machines and other devices\n(1) Section 146 has effect on and after the commencement day in\nrelation to the production of a document or thing that occurred\n(2) Section 147 has effect on and after the commencement day in\nrelation to the production of a document that occurred before the\ncommencement day.\n","sortOrder":220},{"sectionNumber":"204","sectionType":"section","heading":"Documents attested and verified before commencement day","content":"204 Documents attested and verified before commencement day\n(1) Section 148 has effect on and after the commencement day in\nrelation to the attestation, verification, signing or acknowledgement\nof a document that occurred before the commencement day.\n(2) Section 149 has effect on and after the commencement day in\nrelation to the signing or attestation of a document that occurred\n","sortOrder":221},{"sectionNumber":"205","sectionType":"section","heading":"Matters of official record published before commencement day","content":"205 Matters of official record published before commencement day\n(1) Section 153 has effect on and after the commencement day in\n(2) Section 154 has effect on and after the commencement day in\n(3) Section 155 has effect on and after the commencement day in\nrelation to the signing or sealing or certification of a document\nreferred to in that section that occurred before the commencement\nday.\n\nEvidence (National Uniform Legislation) Act 2011 129\n(4) Section 156 has effect on and after the commencement day in\nrelation to the sealing or certification of a document referred to in\nthat section that occurred before the commencement day.\n(5) Section 157 has effect on and after the commencement day in\nrelation to the sealing or signing of a document referred to in that\nsection that occurred before the commencement day.\n(6) Section 158 has effect on and after the commencement day in\nrelation to the sealing or signing and sealing of a public document\nreferred to in that section that occurred before the commencement\nday.\n(7) Section 159 has effect on and after the commencement day in\n","sortOrder":222},{"sectionNumber":"206","sectionType":"section","heading":"Agreed facts","content":"206 Agreed facts\nThe reference in section 191(3)(a) to an agreement is taken on and\nafter the commencement day to include a reference to an\nagreement entered into before the commencement day.\n","sortOrder":223},{"sectionNumber":"207","sectionType":"section","heading":"Application of Act to improperly or illegally obtained evidence","content":"207 Application of Act to improperly or illegally obtained evidence\nSection 139 does not apply in relation to a statement made or an\nact done before the commencement day.\n","sortOrder":224},{"sectionNumber":"208","sectionType":"section","heading":"Notification provisions","content":"208 Notification provisions\n(1) If, before the commencement day, a document of a kind referred to\nin a notification provision is given or served:\n(a) in the circumstances provided for in that provision; and\n(b) in accordance with such requirements (if any) as would apply\nto the giving or serving of the document under that provision\non and after its commencement;\non and after the commencement day the document is taken to have\nbeen given or served in accordance with that provision.\n(2) The following sections are notification provisions for the\npurposes of subsection (1):\n(a) section 33(2)(c);\n(b) section 49(a);\n(c) section 50(2)(a);\n\nEvidence (National Uniform Legislation) Act 2011 130\n(d) section 67(1);\n(e) section 68(2);\n(f) section 73(2)(b);\n(g) section 97(1)(a);\n(h) section 98(1)(b);\n(i) section 168(1), (3), (5) and (6);\n(j) section 173(1);\n(k) section 177(2) and (5).\n","sortOrder":225},{"sectionNumber":"209","sectionType":"section","heading":"Notice of intention to adduce hearsay evidence","content":"209 Notice of intention to adduce hearsay evidence\nIf a notice given before the commencement day is taken, by the\noperation of section 208, to have been given under section 67(1),\nthe period for an objection to be made under section 68 to the\ntender of evidence to which the notice relates is the later of the\nperiod ending:\n(b) 21 days after the notice was given to the party concerned.\n","sortOrder":226},{"sectionNumber":"210","sectionType":"section","heading":"Notice of intention to adduce evidence as to tendency or","content":"210 Notice of intention to adduce evidence as to tendency or\ncoincidence\n(1) References in sections 97(1)(a) and 98(1)(a) to giving notice are\ntaken to include references to giving notice of the kind referred to in\nthose sections before the commencement day.\n(2) Despite section 208(1)(b), a notice of a kind referred to in\nsection 97 or 98 given before the commencement day is taken to\nhave been given in accordance with any regulations or rules made\nfor the purposes for section 99.\n","sortOrder":227},{"sectionNumber":"211","sectionType":"section","heading":"Time limits for making requests","content":"211 Time limits for making requests\n(1) A request made before the commencement day that would, if it\nwere made after the commencement day, be a request under\nsection 167 is taken to be such a request.\n\nEvidence (National Uniform Legislation) Act 2011 131\n(2) If a notice given before the commencement day is taken, by the\noperation of section 208, to have been given under section 168(1)\nor (3), the period for a request to be made under section 168(1)\nor (3) is the later of the period ending:\n(b) 21 days after the notice was given to the party concerned.\n(3) If a copy of a document served before the commencement day is\ntaken, by the operation of section 208, to have been served under\nsection 168(5) or (6), the period for a request to be made under\nsection 168(5) or (6) is the later of the period ending:\n(b) 21 days after the document was served on the party\n(4) If a request made under section 168 was received before the\ncommencement day, in determining what is a reasonable time after\nreceiving a request for the purposes of section 169(2), the court\nmay take into account time passed before the commencement day.\n","sortOrder":228},{"sectionNumber":"212","sectionType":"section","heading":"Requests under section 173","content":"212 Requests under section 173\nA request made before the commencement day that would, if it\nwere made after the commencement day, be a request under\nsection 173(2) is taken to be such a request.\n\n","sortOrder":229},{"sectionNumber":"Part 7","sectionType":"part","heading":"Transitional matters for Evidence (National Uniform Legislation) Amendment","content":"Chapter 7 Transitional matters for Evidence (National Uniform Legislation) Amendment\nAct 2013\nEvidence (National Uniform Legislation) Act 2011 132\nChapter 7 Transitional matters for Evidence (National\nUniform Legislation) Amendment Act 2013\n","sortOrder":230},{"sectionNumber":"214","sectionType":"section","heading":"Definitions","content":"214 Definitions\nAmendment Act 2013.\ncommencement day means the day on which section 5 of the\namending Act commences.\n","sortOrder":231},{"sectionNumber":"215","sectionType":"section","heading":"Ongoing proceedings","content":"215 Ongoing proceedings\nDespite the amendments made to section 19 by the amending Act,\nthat section continues to apply to a proceeding commenced before\nthe commencement day as if the amendments had not been made.\n\n","sortOrder":232},{"sectionNumber":"Part 8","sectionType":"part","heading":"Transitional matters for Evidence (National Uniform Legislation) Amendment","content":"Chapter 8 Transitional matters for Evidence (National Uniform Legislation) Amendment\n(Journalist Privilege) Act 2018\nEvidence (National Uniform Legislation) Act 2011 133\nChapter 8 Transitional matters for Evidence (National\nUniform Legislation) Amendment (Journalist\nPrivilege) Act 2018\n","sortOrder":233},{"sectionNumber":"216","sectionType":"section","heading":"Definitions","content":"216 Definitions\nAmendment (Journalist Privilege) Act 2018.\ncommencement means the day on which the amending Act\ncommences.\n","sortOrder":234},{"sectionNumber":"217","sectionType":"section","heading":"Application of section 127A","content":"217 Application of section 127A\n(1) Section 127A, as inserted by the amending Act, applies to\ninformation given by an informant before the commencement.\n(2) However, section 127A does not apply in relation to a proceeding\ncommenced before the commencement.\ninformant, see section 127A(6).\n","sortOrder":235},{"sectionNumber":"218","sectionType":"section","heading":"Application of section 160","content":"218 Application of section 160\nSection 160, as amended by the amending Act, applies in relation\nto postal articles sent after the commencement.\n\n","sortOrder":236},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional matters for Births, Deaths and Marriages Registration and Other","content":"Chapter 9 Transitional matters for Births, Deaths and Marriages Registration and Other\nLegislation Amendment Act 2018\nEvidence (National Uniform Legislation) Act 2011 134\nChapter 9 Transitional matters for Births, Deaths and\nMarriages Registration and Other Legislation\nAmendment Act 2018\n","sortOrder":237},{"sectionNumber":"219","sectionType":"section","heading":"Application of section 73","content":"219 Application of section 73\nSection 73, as amended by the Births, Deaths and Marriages\nRegistration and Other Legislation Amendment Act, applies in\nrelation to evidence adduced in proceedings on or after the day on\nwhich this Part commences, whether the proceedings are instituted\nbefore or after that commencement.\n\n","sortOrder":238},{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional matters for Evidence (National Uniform Legislation) Amendment","content":"Chapter 10 Transitional matters for Evidence (National Uniform Legislation) Amendment\nAct 2021\nEvidence (National Uniform Legislation) Act 2011 135\nChapter 10 Transitional matters for Evidence (National\nUniform Legislation) Amendment Act 2021\n","sortOrder":239},{"sectionNumber":"220","sectionType":"section","heading":"Definitions","content":"220 Definitions\nAmendment Act 2021.\ncommencement means the day on which section 4 of the\namending Act commences.\n","sortOrder":240},{"sectionNumber":"221","sectionType":"section","heading":"Application of amendments to sections 94, 98 and 101","content":"221 Application of amendments to sections 94, 98 and 101\n(1) Sections 94, 98 and 101, as amended by the amending Act, apply\nin relation to a proceeding in which the hearing commenced after\nthe commencement.\n(2) Sections 94, 98 and 101, as in force immediately before the\ncommencement, continue to apply in relation to a proceeding in\nwhich the hearing commenced before the commencement.\n","sortOrder":241},{"sectionNumber":"222","sectionType":"section","heading":"Application of section 97A","content":"222 Application of section 97A\n(1) Section 97A, as inserted by the amending Act, applies in relation to\na proceeding in which the hearing commenced after the\n(2) However, section 97A does not apply in relation to a proceeding in\nwhich the hearing commenced before the commencement.\n","sortOrder":242},{"sectionNumber":"223","sectionType":"section","heading":"Notices given before commencement","content":"223 Notices given before commencement\nThe validity of a notice given under a provision of this Act\nimmediately before the commencement is not affected by the\n\n","sortOrder":243},{"sectionNumber":"Part 11","sectionType":"part","heading":"Transitional matters for Justice Legislation Amendment (Domestic and Family","content":"Chapter 11 Transitional matters for Justice Legislation Amendment (Domestic and Family\nViolence) Act 2023\nEvidence (National Uniform Legislation) Act 2011 136\nChapter 11 Transitional matters for Justice Legislation\nAmendment (Domestic and Family Violence)\nAct 2023\n","sortOrder":244},{"sectionNumber":"224","sectionType":"section","heading":"Definitions","content":"224 Definitions\namending Act means the Justice Legislation Amendment\n(Domestic and Family Violence) Act 2023.\ncommencement means the commencement of Part 6 of the\namending Act.\n","sortOrder":245},{"sectionNumber":"225","sectionType":"section","heading":"Application of amendment to section 19","content":"225 Application of amendment to section 19\n(1) Section 19, as amended by the amending Act, applies only in\nrelation to a proceeding in which the hearing commences after the\n(2) Section 19, as in force immediately before the commencement,\ncontinues to apply in relation to a proceeding in which the hearing\ncommenced before the commencement.\n\nEvidence (National Uniform Legislation) Act 2011 137\nNote for Schedule\nThe Commonwealth Act, NSW Act and Victorian Act contain a schedule, which is not required\nfor the Territory because of the provisions in the Oaths, Affidavits and Declarations Act 2010.\n\nEvidence (National Uniform Legislation) Act 2011 138\nsection 3\nPart 1 Definitions\nadmission means a previous representation that is:\n(a) made by a person who is or becomes a party to a proceeding\n(including a defendant in a criminal proceeding); and\n(b) adverse to the person's interest in the outcome of the\nasserted fact, see section 59.\nassociated defendant, in relation to a defendant in a criminal\nproceeding, means a person against whom a prosecution has been\ninstituted, but not yet completed or terminated, for:\n(a) an offence that arose in relation to the same events as those\nin relation to which the offence for which the defendant is\nbeing prosecuted arose; or\n(b) an offence that relates to or is connected with the offence for\nwhich the defendant is being prosecuted.\nAustralia includes the external Territories.\nAustralian court means:\n(a) the High Court; or\n(b) a court exercising federal jurisdiction; or\n(c) a court of a State or Territory; or\n(d) a judge, justice or arbitrator under an Australian law; or\n(e) a person or body authorised by an Australian law, or by\nconsent of parties, to hear, receive and examine evidence; or\n(f) a person or body that, in exercising a function under an\nAustralian law, is required to apply the laws of evidence.\n\nEvidence (National Uniform Legislation) Act 2011 139\nAustralian law means a law of the Commonwealth, a State or\nNote for definition Australian law\nSee clause 9 of Part 2 of this Dictionary for the meaning of a law of the\nCommonwealth, a State, a Territory or a foreign country. That clause also further\ndefines Australian law.\nAustralian lawyer, see section 5(a) of the Legal Profession\nAct 2006.\nAustralian legal practitioner, see section 6(a) of the Legal\nAustralian or overseas proceeding means a proceeding\n(however described) in an Australian court or a foreign court.\nAustralian Parliament means the Parliament of the\nCommonwealth or a State or the Legislative Assembly of a\nAustralian practising certificate, see section 4 of the Legal\nAustralian-registered foreign lawyer, see section 4 of the Legal\nAustralian Statistician means the Australian Statistician referred\nto in section 5(2) of the Australian Bureau of Statistics Act 1975\n(Cth), and includes any person to whom the powers of the\nAustralian Statistician under section 12 of the Census and Statistics\nAct 1905 (Cth) have been delegated.\nbusiness, see clause 1 of Part 2 of this Dictionary.\ncase, of a party, means the facts in issue in respect of which the\nparty bears the legal burden of proof.\nchild means a child of any age, and includes the meaning given in\nclause 10(1) of Part 2 of this Dictionary.\ncivil penalty, see clause 3 of Part 2 of this Dictionary.\ncivil proceeding means a proceeding other than a criminal\nclient, see section 117.\ncoincidence evidence means evidence of a kind referred to in\nsection 98(1) that a party seeks to have adduced for the purpose\nreferred to in that subsection.\n\nEvidence (National Uniform Legislation) Act 2011 140\ncoincidence rule means the provision contained in section 98(1).\nCommonwealth Act, see section 2A.\nCommonwealth owned body corporate means a body corporate\nthat, were the Commonwealth a body corporate, would, for the\npurposes of the Corporations Act 2001, be:\n(a) a wholly-owned subsidiary of the Commonwealth; or\n(b) a wholly-owned subsidiary of another body corporate that is,\nunder this definition, a Commonwealth owned body corporate\nbecause of the application of paragraph (a) (including the\napplication of that paragraph together with another application\nor other applications of this paragraph).\nCommonwealth record means a record made by:\n(a) a Department within the meaning of the Public Service\nAct 1999 (Cth); or\n(b) the Parliament of the Commonwealth, a House of the\nParliament, a committee of a House of the Parliament or a\ncommittee of the Parliament; or\n(c) a person or body, other than a Legislative Assembly, holding\noffice, or exercising power, under or because of the\nConstitution or a law of the Commonwealth; or\n(d) a body or organisation other than a Legislative Assembly,\nwhether incorporated or unincorporated, established for a\npublic purpose:\n(i) by or under a law of the Commonwealth or of a Territory\n(other than the Australian Capital Territory, this Territory\nor Norfolk Island); or\n(ii) by the Governor-General; or\n(iii) by a Minister of the Commonwealth; or\n(e) any other body or organisation that is a Commonwealth\nowned body corporate;\nand kept or maintained by a person, body or organisation of a kind\nreferred to in paragraph (a), (b), (c), (d) or (e), but does not include\na record made by a person or body holding office, or exercising\npower, under or because of the Constitution or a law of the\nCommonwealth if the record was not made in connection with\nholding the office concerned, or exercising the power concerned.\n\nEvidence (National Uniform Legislation) Act 2011 141\nconfidential communication, see section 117.\nconfidential document, see section 117.\ncourt means a Territory court.\nNotes for definition court\n1 Territory court is defined in this Dictionary.\n2 The Commonwealth Act does not include this definition.\ncredibility, of a person who has made a representation that has\nbeen admitted in evidence, means the credibility of the\nrepresentation, and includes the person's ability to observe or\nremember facts and events about which the person made the\nrepresentation.\ncredibility, of a witness, means the credibility of any part or all of\nthe evidence of the witness, and includes the witness's ability to\nobserve or remember facts and events about which the witness has\ngiven, is giving or is to give evidence.\ncredibility evidence, see section 101A.\ncredibility rule means the provision contained in section 102.\ncriminal proceeding means a prosecution for an offence and\nincludes:\n(a) a proceeding for the committal of a person for trial or sentence\nfor an offence; and\n(b) a proceeding relating to bail;\nbut does not include a prosecution for an offence that is a\nprescribed taxation offence within the meaning of Part III of the\nTaxation Administration Act 1953 (Cth).\ncross-examination, see clause 2(2) of Part 2 of this Dictionary.\ncross-examiner means a party who is cross-examining a witness.\nde facto partner\nNote for definition de facto partner\nThis definition is not needed because of the definition of de facto partner in\nsection 19A(3) of the Interpretation Act 1978.\ndocument means any record of information, and includes:\n(a) anything on which there is writing; or\n\nEvidence (National Uniform Legislation) Act 2011 142\n(b) anything on which there are marks, figures, symbols or\nperforations having a meaning for persons qualified to\ninterpret them; or\n(c) anything from which sounds, images or writings can be\nreproduced with or without the aid of anything else; or\n(d) a map, plan, drawing or photograph.\nNote for definition document\nSee also clause 8 of Part 2 of this Dictionary on the meaning of document.\nelectronic communication, see section 5 of the Electronic\nTransactions (Northern Territory) Act 2000.\nexamination in chief, see clause 2(1) of Part 2 of this Dictionary.\nexercise, of a function, includes performance of a duty.\nfax, in relation to a document, means a copy of the document that\nhas been reproduced by facsimile telegraphy.\nfederal court\nNote for definition federal court\nThe Commonwealth Act includes a definition of this term.\nforeign court means any court (including any person or body\nauthorised to take or receive evidence, whether on behalf of a court\nor otherwise and whether or not the person or body is empowered\nto require the answering of questions or the production of\ndocuments) of a foreign country or a part of such a country.\nfunction includes power, authority and duty.\ngovernment or official gazette includes the Government Gazette.\nNote for definition government or official gazette\nThe definition of this term in the Commonwealth Act and NSW Act differs from\nthis definition.\nGovernor of a State includes any person for the time being\nadministering the Government of the State.\nNote for definition Governor of a State\nThe Commonwealth Act does not include a definition of Governor of a State.\nThe definition is covered by section 16B of the Acts Interpretation Act 1901 (Cth).\n\nEvidence (National Uniform Legislation) Act 2011 143\nGovernor-General means Governor-General of the\nCommonwealth and includes any person for the time being\nadministering the Government of the Commonwealth.\nNote for definition Governor-General\nThe Commonwealth Act does not include a definition of Governor-General.\nThe definition is covered by section 16A of the Acts Interpretation Act 1901 (Cth).\nhearsay rule means the provision contained in section 59(1).\nidentification evidence means evidence that is:\n(a) an assertion by a person to the effect that a defendant was, or\nresembles (visually, aurally or otherwise) a person who was,\npresent at or near a place where:\n(i) the offence for which the defendant is being prosecuted\nwas committed; or\n(ii) an act connected to that offence was done;\nat or about the time at which the offence was committed or the\nact was done, being an assertion that is based wholly or partly\non what the person making the assertion saw, heard or\notherwise perceived at that place and time; or\n(b) a report (whether oral or in writing) of such an assertion.\ninvestigating official means:\n(a) a police officer (other than a police officer who is engaged in\ncovert investigations under the orders of a superior); or\n(b) a person appointed by or under an Australian law (other than\na person who is engaged in covert investigations under the\norders of a superior) whose functions include functions in\nrespect of the prevention or investigation of offences.\njoint sitting means:\n(a) in relation to the Parliament of the Commonwealth – a joint\nsitting of the members of the Senate and of the House of\nRepresentatives convened by the Governor-General under\nsection 57 of the Commonwealth Constitution or convened\nunder any Act of the Commonwealth; or\n(b) in relation to a bicameral legislature of a State – a joint sitting\nof both Houses of the legislature convened under a law of the\nState.\n\nEvidence (National Uniform Legislation) Act 2011 144\njudge, in relation to a proceeding, means the judge, magistrate or\nother person before whom the proceeding is being held.\njudicial entity means the following:\n(a) the Civil and Administrative Tribunal;\n(b) any other person or body prescribed by the regulations.\nlaw, see clause 9 of Part 2 of this Dictionary.\nlawyer, see section 117.\nleading question means a question asked of a witness that:\n(a) directly or indirectly suggests a particular answer to the\nquestion; or\n(b) assumes the existence of a fact the existence of which is in\ndispute in the proceeding and as to the existence of which the\nwitness has not given evidence before the question is asked.\nlegal counsel means an Australian lawyer employed in or by a\ngovernment agency or other body who by law is exempted from\nholding an Australian practising certificate, or who does not require\nan Australian practising certificate, to engage in legal practice in the\ncourse of that employment.\nNote for definition legal counsel\nExamples of legal counsel are in-house counsel and government solicitors.\nLegislative Assembly means any present or former Legislative\nAssembly of a Territory, and includes the Australian Capital\nTerritory House of Assembly.\nmember, of the Australian Federal Police, includes a special\nmember or a staff member of the Australian Federal Police.\nNSW Act, see section 2A.\noffence means an offence against or arising under an Australian\nlaw.\nopinion rule means the provision contained in section 76.\noverseas-registered foreign lawyer, see section 170 of the Legal\nparent includes the meaning given in clause 10(2) of Part 2 of this\nDictionary.\n\nEvidence (National Uniform Legislation) Act 2011 145\nparty, see section 117.\npicture identification evidence, see section 115.\npolice officer means:\n(a) a member of the Australian Federal Police; or\n(b) a member of the police force of a State or Territory.\npostal article, see section 3 of the Australian Postal Corporation\nAct 1989 (Cth).\nprevious representation means a representation made otherwise\nthan in the course of giving evidence in the proceeding in which\nevidence of the representation is sought to be adduced.\nprior consistent statement, of a witness, means a previous\nrepresentation that is consistent with evidence given by the witness.\nprior inconsistent statement, of a witness, means a previous\nrepresentation that is inconsistent with evidence given by the\nprobative value, of evidence, means the extent to which the\nevidence could rationally affect the assessment of the probability of\nthe existence of a fact in issue.\nprosecutor means a person who institutes or is responsible for the\nconduct of a prosecution.\npublic document means a document that:\n(a) forms part of the records of the Crown in any of its capacities;\nor\n(b) forms part of the records of the government of a foreign\ncountry; or\n(c) forms part of the records of a person or body holding office or\nexercising a function under or because of the Commonwealth\nConstitution, an Australian law or a law of a foreign country; or\n(d) is being kept by or on behalf of the Crown, such a government\nor such a person or body;\n\nEvidence (National Uniform Legislation) Act 2011 146\nand includes the records of the proceedings of, and papers\npresented to:\n(e) an Australian Parliament, a House of an Australian\nParliament, a committee of such a House or a committee of an\nAustralian Parliament; and\n(f) a legislature of a foreign country, including a House or\ncommittee (however described) of such a legislature.\nre-examination, see clause 2(3) and (4) of Part 2 of this Dictionary.\nrepresentation includes:\n(a) an express or implied representation (whether oral or in\nwriting); or\n(b) a representation to be inferred from conduct; or\n(c) a representation not intended by its maker to be\ncommunicated to or seen by another person; or\n(d) a representation that for any reason is not communicated.\nseal includes a stamp.\ntendency evidence means evidence of a kind referred to in\nsection 97(1) that a party seeks to have adduced for the purpose\nreferred to in that subsection.\ntendency rule means the provision contained in section 97(1).\nTerritory court means:\n(a) the Supreme Court; or\n(b) any other court created by a law of the Territory; or\n(c) any person or body (other than a court) that, in exercising a\nfunction under the law of the Territory, is required to apply the\nlaws of evidence.\nNote for definition Territory court\nThe Commonwealth Act does not include this definition. The Commonwealth Act\ncontains a similar definition of \"ACT court\". The NSW Act contains a similar\ndefinition of \"NSW court\". The Victorian Act contains a similar definition of\n\"Victorian court\".\n\nEvidence (National Uniform Legislation) Act 2011 147\ntraditional laws and customs, of an Aboriginal or Torres Strait\nIslander group (including a kinship group), includes any of the\ntraditions, customary laws, customs, observances, practices,\nknowledge and beliefs of the group.\nVictorian Act, see section 2A.\nvisual identification evidence, see section 114.\nwitness includes the meaning given in clause 7 of Part 2 of this\nDictionary.\n","sortOrder":246},{"sectionNumber":"Part 2","sectionType":"part","heading":"Other expressions","content":"Part 2 Other expressions\n1 References to businesses\n(1) A reference in this Act to a business includes a reference to the\n(a) a profession, calling, occupation, trade or undertaking;\n(b) an activity engaged in or carried on by the Crown in any of its\ncapacities;\n(c) an activity engaged in or carried on by the government of a\nforeign country;\n(d) an activity engaged in or carried on by a person or body\nholding office or exercising power under or because of the\nCommonwealth Constitution, an Australian law or a law of a\nforeign country, being an activity engaged in or carried on in\nthe performance of the functions of the office or in the exercise\nof the power (otherwise than in a private capacity);\n(e) the proceedings of an Australian Parliament, a House of an\nAustralian Parliament, a committee of such a House or a\ncommittee of an Australian Parliament;\n(f) the proceedings of a legislature of a foreign country, including\na House or committee (however described) of such a\nlegislature.\n(2) A reference in this Act to a business also includes a reference to:\n(a) a business that is not engaged in or carried on for profit; and\n(b) a business engaged in or carried on outside Australia.\n\nEvidence (National Uniform Legislation) Act 2011 148\n2 References to examination in chief, cross-examination and\nre-examination\n(1) A reference in this Act to examination in chief of a witness is a\nreference to the questioning of a witness by the party who called\nthe witness to give evidence, not being questioning that is\nre-examination.\n(2) A reference in this Act to cross-examination of a witness is a\nreference to the questioning of a witness by a party other than the\nparty who called the witness to give evidence.\n(3) A reference in this Act to re-examination of a witness is a reference\nto the questioning of a witness by the party who called the witness\nto give evidence, being questioning (other than further examination\nin chief with the leave of the court) conducted after the cross-\nexamination of the witness by another party.\n(4) If a party has recalled a witness who has already given evidence, a\nreference in this Act to re-examination of a witness does not include\na reference to the questioning of the witness by that party before\nthe witness is questioned by another party.\n3 References to civil penalties\nFor the purposes of this Act, a person is taken to be liable to a civil\npenalty if, in an Australian or overseas proceeding (other than a\ncriminal proceeding), the person would be liable to a penalty arising\nunder an Australian law or a law of a foreign country.\n4 Unavailability of persons\n(1) For the purposes of this Act, a person is taken not to be available to\ngive evidence about a fact if:\n(a) the person is dead; or\n(b) the person is, for any reason other than the application of\nsection 16 (Competence and compellability – judges and\njurors), not competent to give the evidence; or\n(c) the person is mentally or physically unable to give the\nevidence and it is not reasonably practicable to overcome that\ninability; or\n(d) it would be unlawful for the person to give the evidence; or\n(e) a provision of this Act prohibits the evidence being given; or\n\nEvidence (National Uniform Legislation) Act 2011 149\n(f) all reasonable steps have been taken, by the party seeking to\nprove the person is not available, to find the person or secure\nhis or her attendance, but without success; or\n(g) all reasonable steps have been taken, by the party seeking to\nprove the person is not available, to compel the person to give\nthe evidence, but without success.\n(2) In all other cases the person is taken to be available to give\nevidence about the fact.\n5 Unavailability of documents and things\nFor the purposes of this Act, a document or thing is taken not to be\navailable to a party if and only if:\n(a) it cannot be found after reasonable inquiry and search by the\n(b) it was destroyed by the party, or by a person on behalf of the\nparty, otherwise than in bad faith, or was destroyed by another\n(c) it would be impractical to produce the document or thing\nduring the course of the proceeding; or\n(d) production of the document or thing during the course of the\nproceeding could render a person liable to conviction for an\n(e) it is not in the possession or under the control of the party and:\n(i) it cannot be obtained by any judicial procedure of the\ncourt; or\n(ii) it is in the possession or under the control of another\nparty to the proceeding concerned who knows or might\nreasonably be expected to know that evidence of the\ncontents of the document, or evidence of the thing, is\nlikely to be relevant in the proceeding; or\n(iii) it was in the possession or under the control of such a\nparty at a time when that party knew or might reasonably\nbe expected to have known that such evidence was\nlikely to be relevant in the proceeding.\n\nEvidence (National Uniform Legislation) Act 2011 150\n6 Representations in documents\nFor the purposes of this Act, a representation contained in a\ndocument is taken to have been made by a person if:\n(a) the document was written, made or otherwise produced by the\n(b) the representation was recognised by the person as his or her\nrepresentation by signing, initialling or otherwise marking the\n7 Witnesses\n(1) A reference in this Act to a witness includes a reference to a party\ngiving evidence.\n(2) A reference in this Act to a witness who has been called by a party\nto give evidence includes a reference to the party giving evidence.\n(3) A reference in this clause to a party includes a defendant in a\ncriminal proceeding.\n8 References to documents\nA reference in this Act to a document includes a reference to:\n(a) any part of the document; and\n(b) any copy, reproduction or duplicate of the document or of any\npart of the document; and\n(c) any part of such a copy, reproduction or duplicate.\n8A References to offices etc.\nIn this Act:\n(a) a reference to a person appointed or holding office under or\nbecause of an Australian law or a law of the Commonwealth\nincludes a reference to an APS employee within the meaning\nof the Public Service Act 1999 (Cth); and\n(b) in that context, a reference to an office is a reference to a\nposition occupied by the APS employee concerned, and a\nreference to an officer includes a reference to a Secretary, or\nAPS employee, within the meaning of the Act.\n\nEvidence (National Uniform Legislation) Act 2011 151\n9 References to laws\n(1) A reference in this Act to a law of the Commonwealth, a State, a\nTerritory or a foreign country is a reference to a law (whether\nwritten or unwritten) of or in force in that place.\n(2) A reference in this Act to an Australian law is a reference to an\nAustralian law (whether written or unwritten) of or in force in\nAustralia.\n10 References to children and parents\n(1) A reference in this Act to a child of a person includes a reference to:\n(a) an adopted child or ex-nuptial child of the person; and\n(b) a child living with the person as if the child were a member of\nthe person's family.\n(2) A reference in this Act to a parent of a person includes a reference\nto:\n(a) an adoptive parent of the person; and\n(b) if the person is an ex-nuptial child – the person's natural\nfather; and\n(c) the person with whom a child is living as if the child were a\nmember of the person's family.\n11 References to de facto partners\nThis clause is not needed because of the definition of de facto partner in\nsection 19A(3) of the Interpretation Act 1978.\n\nEvidence (National Uniform Legislation) Act 2011 152\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nEvidence (National Uniform Legislation) Act 2011 (Act No. 33, 2011)\nAssent date 15 November 2011\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nEvidence (National Uniform Legislation) (Consequential Amendments) Act 2012 (Act\nNo. 23, 2012)\nAssent date 21 November 2012\nCommenced 1 January 2013 (Gaz G51, 19 December 2012, p 4)\nEvidence (National Uniform Legislation) Amendment Act 2013 (Act No. 4, 2013)\nAssent date 14 March 2013\nCommenced 2 April 2013 (Gaz S14, 2 April 2013)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nIndependent Commissioner Against Corruption (Consequential and Related\nAmendment) Act 2018 (Act No. 3, 2018)\nAssent date 21 February 2018\nCommenced 30 November 2018 (s 2, s 2 Independent Commissioner\nAgainst Corruption Act 2017 (Act No. 23, 2017) and Gaz S94,\nEvidence (National Uniform Legislation) Amendment (Journalist Privilege) Act 2018\n(Act No. 7, 2018)\nAssent date 19 April 2018\nCommenced 20 April 2018 (s 2)\n\nEvidence (National Uniform Legislation) Act 2011 153\nBirths, Deaths and Marriages Registration and Other Legislation Amendment 2018 (Act\nNo. 30, 2018)\nAssent date 5 December 2018\nCommenced 6 December 2018 (s 2)\nEvidence (National Uniform Legislation) Amendment Act 2021 (Act No. 2, 2021)\nAssent date 5 March 2021\nCommenced 1 April 2021 (Gaz G13, 31 March 2021, p 1)\nStatute Law Revision Act 2023 (Act No. 4, 2023)\nAssent date 2 March 2023\nCommenced 3 March 2023 (s 2)\nJustice Legislation Amendment (Domestic and Family Violence) Act 2023 (Act No. 33,\n2023)\nAssent date 6 December 2023\nCommenced 25 March 2024 (Gaz S18, 22 March 2024)\nAmending Legislation\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and\nOther Legislation Amendment Act 2022 (Act No. 28,\n2022) and Gaz S19, 22 March 2024);\npt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice\nLegislation Amendment (Sexual Offences) Act 2023\n(Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nAttorney-General Legislation Amendment Act 2025 (Act No. 14, 2025)\nAssent date 6 June 2025\nCommenced 1 August 2025 (Gaz G14, 10 July 2025, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 19, 21, 22, 23, 24, 128A,\n129, 171 and 194 and sch and dict.\n4 LIST OF AMENDMENTS\ns 4 amd No. 3, 2018, s 107\ns 10A ins No. 7, 2018, s 4\ns 19 amd No. 4, 2013, s 4; No. 33, 2023, s 55\ns 73 amd No. 30, 2018, s 18\ns 81 amd No. 14, 2025, s 33\ns 94 amd No. 2, 2021, s 4\ns 97A ins No. 2, 2021, s 5\ns 98 amd No. 2, 2021, s 6\ns 101 amd No. 2, 2021, s 7\npt 3.10\ndiv 1A note amd No. 7, 2018, s 6\n\nEvidence (National Uniform Legislation) Act 2011 154\ns 127A ins No. 7, 2018, s 5\ns 160 amd No. 7, 2018, s 7\ns 196 rep No. 8, 2016, s 22\nch 6 hdg ins No. 23, 2012, s 4\nss 198 – 212 ins No. 23, 2012, s 4\ns 213 exp No. 23, 2012, s 213(5)\nch 7 hdg ins No. 4, 2013, s 5\nss 214 – 215 ins No. 4, 2013, s 5\nch 8 hdg ins No. 7, 2018, s 8\ns 216 ins No. 7, 2018, s 8\namd No. 4, 2023, s 23\nss 217 – 218 ins No. 7, 2018, s 8\nch 9 hdg ins No. 30, 2018, s 19\ns 219 ins No. 30, 2018, s 19\nch 10 hdg ins No. 2, 2021, s 8\nss 220 – 223 ins No. 2, 2021, s 8\nch 11 hdg ins No. 33, 2023, s 55\nss 224 – 225 ins No. 33, 2023, s 55\ndict amd No. 7, 2018, s 9","sortOrder":247}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":931},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":false,"description":"The legislation appears to remain within its original scope as a uniform evidence law for the Northern Territory. While it has been amended multiple times (2013, 2016, 2018, 2021, 2023, 2024, 2025), these amendments appear to be incremental updates maintaining consistency with other jurisdictions and addressing specific issues like journalist privilege (2018), tendency evidence in child sexual offence cases (2021), and domestic violence protections (2023). The core purpose — establishing uniform evidence rules matching Commonwealth/NSW/Victoria legislation — remains unchanged."},"complexity_factors":["197 sections across 11 chapters plus extensive Dictionary","47+ defined terms in the Dictionary including nested definitions (e.g. 'client', 'confidential communication', 'lawyer')","Multiple overlapping exclusionary rules (hearsay, opinion, tendency, coincidence, credibility) each with numerous exceptions","Cross-references between chapters — e.g. Part 3.2 (hearsay) interacts with Part 3.4 (admissions) and Part 3.8 (character)","Conditional admissibility requiring notice periods (21 days), court leave, or satisfaction of multiple criteria","11 separate transitional chapters dealing with commencement of amendments from 2011-2023","Nested exceptions within exceptions — e.g. section 19 removes spousal compellability protections for specific offence categories including DVO contraventions and domestic violence offences","Section 97A creates a presumption of significant probative value for tendency evidence in child sexual offence cases, with 7 specific matters that cannot be considered unless 'exceptional circumstances' exist","Privilege rules in Part 3.10 include 6 separate loss-of-privilege exceptions (sections 121-126) plus Division 1A placeholder for professional confidential relationship privilege","Section 138 requires balancing test for improperly obtained evidence with 8 mandatory factors including compliance with International Covenant on Civil and Political Rights"],"plain_english_summary":"This is the **Evidence (National Uniform Legislation) Act 2011** of the Northern Territory — a comprehensive law that sets out the rules for what evidence can be used in court and how it must be presented.\n\n**What it does:**\n- **Establishes uniform evidence rules** across the NT, matching similar laws in the Commonwealth, NSW and Victoria\n- **Governs all Territory court proceedings** — civil and criminal cases, bail hearings, and some sentencing matters\n- **Sets out who can give evidence** — including rules about competence (mental capacity), compellability (being forced to testify), and special protections for vulnerable witnesses\n\n**Key areas covered:**\n\n| Area | What it covers |\n|------|---------------|\n| **Witnesses** | Who must testify, oaths, how they can be questioned, protections for children and vulnerable people |\n| **Documents** | How to prove what's in a document without bringing the original |\n| **Hearsay** | The general rule against \"he said, she said\" evidence, with exceptions for business records, first-hand accounts, and other reliable sources |\n| **Opinion evidence** | When experts can give opinions, when ordinary people can |\n| **Admissions** | When confessions or statements against interest can be used, with protections against unreliable or coerced admissions |\n| **Tendency & coincidence** | When you can use evidence that someone \"has a tendency\" to do something, or that similar events aren't coincidence — with special rules for child sexual offence cases |\n| **Privileges** | Protections for lawyer-client communications, religious confessions, journalist sources, and against self-incrimination |\n| **Proof** | Standards of proof (balance of probabilities vs beyond reasonable doubt), presumptions about official documents, electronic communications |\n\n**Who it affects:**\n- Anyone involved in NT court proceedings — lawyers, judges, witnesses, defendants, and parties in civil disputes\n- **Special protections** for children, people with cognitive impairments, family members of accused persons, and journalists' confidential sources\n\n**Why it matters:**\nThis Act ensures fairness and consistency in how courts decide what information can be considered. It balances the need to get at the truth with protections against unreliable evidence, unfair prejudice, and abuse of process. The uniform approach means similar rules apply across Australian jurisdictions, making it easier to handle cases that cross state/territory boundaries."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original Act was a straightforward codification of uniform evidence law. Subsequent amendments have added new substantive provisions that expand its scope beyond the original uniform template. For example, the 2018 amendment introduced journalist privilege (section 127A), and the 2021 amendment added a special rule for tendency evidence in child sexual offence cases (section 97A) and modified the coincidence rule. The 2023 amendment extended compellability exceptions in domestic violence proceedings. These additions increase the Act's reach and complexity, though the core purpose remains the same."},"complexity_factors":["Extremely long Act with 225 sections plus a Dictionary and schedules.","Numerous defined terms (over 100 in the Dictionary) with complex cross-references.","Multiple layers of exceptions to rules (e.g., hearsay rule has over 10 exceptions, each with sub-conditions).","Heavy use of conditional logic and nested qualifications (e.g., section 41 on improper questions has multiple subsections defining vulnerability).","Significant cross-referencing between Parts (e.g., Part 3.6 on tendency relies on definitions and other Parts).","Multiple transitional chapters for amendments, adding complexity.","Conceptual difficulty in areas like tendency/coincidence, credibility, and privileges.","One section (section 79 on expert opinion) has been amended to include child development knowledge, adding nuance."],"plain_english_summary":"This Act sets out the rules for how evidence is used in Northern Territory courts. It covers who can give evidence, how witnesses are questioned, what documents are allowed, and when evidence can be excluded. The Act applies to both criminal and civil proceedings. Key rules include:\n\n- **Relevance**: Only evidence that is relevant to a case can be admitted.\n- **Hearsay**: Generally, second-hand statements are not allowed, but there are many exceptions (e.g., business records, first-hand hearsay if the original speaker is unavailable).\n- **Opinion**: Witnesses generally cannot give opinions unless they are experts.\n- **Admissions**: What a party says against their own interest can be used as evidence.\n- **Tendency and coincidence**: Evidence of a person's character or similar past events is restricted, especially in criminal cases.\n- **Privileges**: Certain communications are protected, such as lawyer-client advice, journalist sources (with limits), and religious confessions.\n- **Judicial warnings**: Judges must warn juries about unreliable evidence (e.g., identification) and delay.\n\nThe Act is designed to be uniform with similar laws in the Commonwealth, New South Wales, and Victoria. It affects everyone involved in court proceedings: parties, witnesses, lawyers, and judges. It matters because it determines what evidence a court can consider, which directly affects the fairness and outcome of trials."}},"importantCases":[],"_links":{"self":"/api/acts/evidence-national-uniform-legislation-act-2011","history":"/api/acts/evidence-national-uniform-legislation-act-2011/history","analysis":"/api/acts/evidence-national-uniform-legislation-act-2011/analysis","conflicts":"/api/acts/evidence-national-uniform-legislation-act-2011/conflicts","importantCases":"/api/acts/evidence-national-uniform-legislation-act-2011/important-cases","documents":"/api/acts/evidence-national-uniform-legislation-act-2011/documents"}}