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Evidence (National Uniform Legislation) Act 2011
81Hearsay and opinion rules – exception for admissions and
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81 Hearsay and opinion rules – exception for admissions and
related representations
(1) The hearsay rule and the opinion rule do not apply to evidence of
an admission.
(2) The hearsay rule and the opinion rule do not apply to evidence of a
previous representation:
(a) that was made in relation to an admission at the time the
admission was made, or shortly before or after that time; and
(b) to which it is reasonably necessary to refer in order to
understand the admission.
Note for section 81
Specific exclusionary rules relating to admissions are as follows:
• evidence of admissions that is not first-hand (section 82)
• use of admissions against third parties (section 83)
• admissions influenced by violence and certain other conduct (section 84)
• unreliable admissions of accused persons (section 85)
• records of oral questioning of accused persons (section 86).
Example for section 81
D admits to W, his best friend, that he sexually assaulted V. In D's trial for the
sexual assault, the prosecution may lead evidence from W:
(a) that D made the admission to W as proof of the truth of that admission; and
(b) that W formed the opinion that D was sane when he made the admission.
Evidence (National Uniform Legislation) Act 2011 46