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MILITARY REHABILITATION AND COMPENSATION ACT 2004 - SECT 411

Evidence

             (1)  A statement in writing signed by a person who:

                     (a)  holds or has held the office of member of the Commission; or

                     (b)  is or was a staff member assisting the Commission;

that a person is or was receiving compensation, or compensation of a particular kind, under this Act on a certain date or of a certain amount must be received in all courts as prima facie evidence that the person is or was receiving the compensation, or compensation of that kind, on the date or of the amount stated.

             (2)  For the purposes of this section, a document purporting to be a statement referred to in subsection (1) is, unless the contrary is established, taken to be such a statement and to have been duly given.

Statement not to be admitted unless copy given to defendant 14 days before statement to be admitted in evidence

             (3)  A statement must not be admitted in evidence under subsection (1) in proceedings for an offence unless the person charged with the offence or a solicitor who has appeared for the person in those proceedings has, at least 14 days before the statement is sought to be so admitted, been given a copy of the statement together with reasonable evidence of the intention to produce the statement as evidence in the proceedings.

Person giving statement may be called to give evidence

             (4)  Subject to subsection (5), if, under subsection (1), a statement is admitted in evidence in proceedings for an offence, the person charged with the offence may require the person giving the statement to be called as a witness for the prosecution and cross-examined as if he or she had given evidence of the matters stated in the statement.

             (5)  Subsection (4) does not entitle the person charged to require the person giving a statement to be called as a witness for the prosecution unless the Court, by order, allows the person charged to require the person giving the statement to be so called.

Evidence in support of rebuttal of matters in statement to be considered on its merits

             (6)  Any evidence given in support, or in rebuttal, of a matter stated in a statement given under subsection (1) must be considered on its merits and the credibility and probative value of such evidence must be neither increased nor diminished by reason of this section.



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