Australian Capital Territory Current Acts

EVIDENCE ACT 2011 - SECT 32

    (1)     A witness must not, in the course of giving evidence, use a document to try to revive the witness's memory about a fact or opinion unless the court gives leave.

    (2)     Without limiting the matters that the court may take into account in deciding whether to give leave, it must take into account—

        (a)     whether the witness will be able to recall the fact or opinion adequately without using the document; and

        (b)     whether the part of the document that the witness proposes to use is, or is a copy of, a document that—

              (i)     was written or made by the witness when the events recorded in it were fresh in the witness's memory; or

              (ii)     was, at that time, found by the witness to be accurate.

    (3)     If a witness has, while giving evidence, used a document to try to revive the witness's memory about a fact or opinion, the witness may, with the leave of the court, read aloud, as part of the witness's evidence, the part of the document that relates to the fact or opinion.

    (4)     The court must, on the request of a party, give the directions the court thinks fit to ensure that the part of the document that relates to the proceeding is produced to the party.