101ACredibility evidence

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