Evidence Act 1995
73Exception: reputation as to relationships and age
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73 Exception: reputation as to relationships and age
(1) The hearsay rule does not apply to evidence of reputation concerning: (a) whether a person was, at a particular time or at any time, a married person; or (b) whether 2 people cohabiting at a particular time were married to each other at that time; or (c) a person’s age; or (d) family history or a family relationship. (2) In a criminal proceeding, subsection (1) does not apply to evidence adduced by a defendant unless: (a) it tends to contradict evidence of a kind referred to in subsection (1) that has been admitted; or (b) the defendant has given reasonable notice in writing to each other party of the defendant’s intention to adduce the evidence. (3) In a criminal proceeding, subsection (1) does not apply to evidence adduced by the prosecutor unless it tends to contradict evidence of a kind referred to in subsection (1) that has been admitted.