NTIn ForceAct
Evidence (National Uniform Legislation) Act 2011
101ACredibility evidence
Start here
Get a plain-English read of 101A
Turn the raw legal text into a practical explanation grounded in Evidence (National Uniform Legislation) Act 2011.
101A Credibility evidence
Credibility evidence, in relation to a witness or other person, is
evidence relevant to the credibility of the witness or person that:
(a) is relevant only because it affects the assessment of the
credibility of the witness or person; or
(b) is relevant:
(i) because it affects the assessment of the credibility of the
witness or person; and
(ii) for some other purpose for which it is not admissible, or
cannot be used, because of a provision of Parts 3.2
to 3.6.
Notes for section 101A
1 Sections 60 and 77 will not affect the application of paragraph (b), because
they cannot apply to evidence that is yet to be admitted.
2 Section 101A is inserted as a response to the decision of the High Court of
Australia in Adam v The Queen (2001) 207 CLR 96.
102 The credibility rule
Credibility evidence about a witness is not admissible.
Notes for section 102
1 Specific exceptions to the credibility rule are as follows:
• evidence adduced in cross-examination (sections 103 and 104)
• evidence in rebuttal of denials (section 106)
• evidence to re-establish credibility (section 108)
• evidence of persons with specialised knowledge (section 108C)
• character of accused persons (section 110)
2 Other provisions of this Act, or of other laws, may operate as further
exceptions.
3 Sections 108A and 108B deal with the admission of credibility evidence about
a person who has made a previous representation but is not a witness.
Evidence (National Uniform Legislation) Act 2011 58