South Australian Current Acts

EVIDENCE ACT 1929 - SECT 34ZA

34ZA—Evidence relating to Aboriginal traditional laws and customs

Despite a provision of this Act, or any other Act or law, the following provisions apply if an Aboriginal person gives evidence relating to the existence, or non-existence, or the content, of traditional laws and customs of an Aboriginal group:

            (a)         evidence that would otherwise be inadmissible under the hearsay rule at common law is admissible as evidence of the fact stated;

            (b)         evidence that would otherwise be inadmissible under the opinion rule at common law is admissible to prove the existence of the fact about the existence of which the opinion was expressed;

            (c)         the court may make orders or other arrangements that the court thinks fit (including, but not limited to, making orders or arrangements relating to the giving, receiving or publication of evidence) having regard to Aboriginal traditional law and custom, but not so as to prejudice unduly any other party to the relevant proceedings.