Victorian Current Acts

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EVIDENCE ACT 2008


TABLE OF PROVISIONS

   PART 1.1--FORMAL MATTERS

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   3A.     Notes  

   PART 1.2--APPLICATION OF THIS ACT

   4.      Courts and proceedings to which Act applies  
   5.      Extended application of certain provisions  
   6.      Territories  
   7.      Act binds Crown  
   8.      Operation of Acts  
   9.      Application of common law and equity  
   10.     Parliamentary privilege preserved  
   11.     General powers of a court  

   PART 2.1--WITNESSES

   12.     Competence and compellability  
   13.     Competence—lack of capacity  
   14.     Compellability—reduced capacity  
   15.     Compellability—Sovereign and others  
   16.     Competence and compellability—judges and jurors  
   17.     Competence and compellability—accused in criminal proceedings  
   18.     Compellability of spouses and others in criminal proceedings generally  
   19.     Compellability of spouses and others in certain criminal proceedings  
   20.     Comment on failure to give evidence  
   21.     Sworn evidence of witnesses to be on oath or affirmation  
   22.     Interpreters to act on oath or affirmation  
   23.     Choice of oath or affirmation  
   24.     Requirements for oaths  
   24A.    Alternative oath  
   25.     Rights to make unsworn statements unaffected  
   26.     Court's control over questioning of witness  
   27.     Parties may question witnesses  
   28.     Order of examination in chief, cross-examination and re‑examination  
   29.     Manner and form of questioning witnesses and their responses  
   30.     Interpreters  
   31.     Deaf and mute witnesses  
   32.     Attempts to revive memory in court  
   33.     Evidence given by police officers  
   34.     Attempts to revive memory out of court  
   35.     Effect of calling for production of documents  
   36.     Person may be examined without subpoena or other process  
   37.     Leading questions  
   38.     Unfavourable witnesses  
   39.     Limits on re-examination  
   40.     Witness called in error  
   41.     Improper questions  
   42.     Leading questions  
   43.     Prior inconsistent statements of witnesses  
   44.     Previous representations of other persons  
   45.     Production of documents  
   46.     Leave to recall witnesses  

   PART 2.2--DOCUMENTS

   47.     Definitions  
   48.     Proof of contents of documents  
   49.     Documents in foreign countries  
   50.     Proof of voluminous or complex documents  
   51.     Original document rule abolished  

   PART 2.3--OTHER EVIDENCE

   52.     Adducing of other evidence not affected  
   53.     Views  
   54.     Views to be evidence  

   PART 3.1--RELEVANCE

   55.     Relevant evidence  
   56.     Relevant evidence to be admissible  
   57.     Provisional relevance  
   58.     Inferences as to relevance  

   PART 3.2--HEARSAY

   59.     The hearsay rule—exclusion of hearsay evidence  
   60.     Exception—evidence relevant for a non-hearsay purpose  
   61.     Exceptions to the hearsay rule dependant on competency  
   62.     Restriction to "first-hand" hearsay  
   63.     Exception—civil proceedings if maker not available  
   64.     Exception—civil proceedings if maker available  
   65.     Exception—criminal proceedings if maker not available  
   66.     Exception—criminal proceedings if maker available  
   66A.    Exception—contemporaneous statements about a person's health etc.  
   67.     Notice to be given  
   68.     Objections to tender of hearsay evidence in civil proceedings if maker available  
   69.     Exception—business records  
   70.     Exception—contents of tags, labels and writing  
   71.     Exception—electronic communications  
   72.     Exception—Aboriginal and Torres Strait Islander traditional laws and customs  
   73.     Exception—reputation as to relationships and age  
   74.     Exception—reputation of public or general rights  
   75.     Exception—interlocutory proceedings  

   PART 3.3--OPINION

   76.     The opinion rule  
   77.     Exception—evidence relevant otherwise than as opinion evidence  
   78.     Exception—lay opinions  
   78A.    Exception—Aboriginal and Torres Strait Islander traditional laws and customs  
   79.     Exception—opinions based on specialised knowledge  
   80.     Ultimate issue and common knowledge rules abolished  

   PART 3.4--ADMISSIONS

   81.     Hearsay and opinion rules—exception for admissions and related representations  
   82.     Exclusion of evidence of admissions that is not first-hand  
   83.     Exclusion of evidence of admissions as against third parties  
   84.     Exclusion of admissions influenced by violence and certain other conduct  
   85.     Criminal proceedings—reliability of admissions by accused  
   86.     Exclusion of records of oral questioning  
   87.     Admissions made with authority  
   88.     Proof of admissions  
   89.     Evidence of silence  
   90.     Discretion to exclude admissions  

   PART 3.5--EVIDENCE OF JUDGMENTS AND CONVICTIONS

   91.     Exclusion of evidence of judgments and convictions  
   92.     Exceptions  
   93.     Savings  

   PART 3.6--TENDENCY AND COINCIDENCE

   94.     Application  
   95.     Use of evidence for other purposes  
   96.     Failure to act  
   97.     The tendency rule  
   98.     The coincidence rule  
   99.      Requirements for notices  
   100.    Court may dispense with notice requirements  
   101.    Further restrictions on tendency evidence and coincidence evidence adduced by prosecution  

   PART 3.7--CREDIBILITY

   101A.   Credibility evidence  
   102.    The credibility rule  
   103.    Exception—cross-examination as to credibility  
   104.    Further protections—cross-examination as to credibility  
   105.    Further protections—accused making unsworn statements  
   106.    Exception—rebutting denials by other evidence  
   107.    Exception—application of certain provisions to makers of representations  
   108.    Exception—re-establishing credibility  
   108A.   Admissibility of evidence of credibility of person who has made a previous representation  
   108B.   Further protections—previous representations of an accused who is not a witness  
   108C.   Exception—evidence of persons with specialised knowledge  

   PART 3.8--CHARACTER

   109.    Application  
   110.    Evidence about character of an accused  
   111.    Evidence about character of co-accused  
   112.    Leave required to cross-examine about character of accused or co-accused  

   PART 3.9--IDENTIFICATION EVIDENCE

   113.    Application of Part  
   114.    Exclusion of visual identification evidence  
   115.    Exclusion of evidence of identification by pictures  
   116.    Directions to jury  

   PART 3.10--PRIVILEGES

   117.    Definitions  
   118.    Legal advice  
   119.    Litigation  
   120.    Unrepresented parties  
   121.    Loss of client legal privilege—generally  
   122.    Loss of client legal privilege—consent and related matters  
   123.    Loss of client legal privilege—accused  
   124.    Loss of client legal privilege—joint clients  
   125.    Loss of client legal privilege—misconduct  
   126.    Loss of client legal privilege—related communications and documents  
   126J.   Definitions  
   126K.   Journalist privilege relating to identity of informant  
   127.    Religious confessions  
   128.    Privilege in respect of self-incrimination in other proceedings  
   128A.   Privilege in respect of self-incrimination—exception for certain orders etc.  
   129.    Exclusion of evidence of reasons for judicial etc. decisions  
   130.    Exclusion of evidence of matters of state  
   131.    Exclusion of evidence of settlement negotiations  
   131A.   Application of Part to preliminary proceedings of courts  
   132.    Court to inform of rights to make applications and objections  
   133.    Court may inspect etc. documents  
   134.    Inadmissibility of evidence that must not be adduced or given  

   PART 3.11--DISCRETIONARY AND MANDATORY EXCLUSIONS

   135.    General discretion to exclude evidence  
   136.    General discretion to limit use of evidence  
   137.    Exclusion of prejudicial evidence in criminal proceedings  
   138.    Exclusion of improperly or illegally obtained evidence  
   139.    Cautioning of persons  

   PART 4.1--STANDARD OF PROOF

   140.    Civil proceedings—standard of proof  
   141.    Criminal proceedings—standard of proof  
   142.    Admissibility of evidence—standard of proof  

   PART 4.2--JUDICIAL NOTICE

   143.    Matters of law  
   144.    Matters of common knowledge  
   145.    Certain Crown certificates  

   PART 4.3--FACILITATION OF PROOF

   146.    Evidence produced by processes, machines and other devices  
   147.    Documents produced by processes, machines and other devices in the course of business  
   148.    Evidence of certain acts of justices, Australian lawyers and notaries public  
   149.    Attestation of documents  
   150.    Seals and signatures  
   151.    Seals of bodies established under State law  
   152.    Documents produced from proper custody  
   153.    Gazettes and other official documents  
   154.    Documents published by authority of Parliaments etc.  
   155.    Evidence of official records  
   155A.   Evidence of Commonwealth documents  
   156.    Public documents  
   157.    Public documents relating to court processes  
   158.    Evidence of certain public documents  
   159.    Official statistics  
   160.    Postal articles  
   161.    Electronic communications  
   162.    Lettergrams and telegrams  
   163.    Proof of letters having been sent by Commonwealth agencies  

   PART 4.4--CORROBORATION

   164.    Corroboration requirements abolished  

   PART 4.5--WARNINGS AND INFORMATION

   165.    Unreliable evidence  
   165A.   Warnings in relation to children's evidence  
   165B.   Delay in prosecution  

   PART 4.6--ANCILLARY PROVISIONS

   166.    Definition of request  
   167.    Requests may be made about certain matters  
   168.    Time limits for making certain requests  
   169.    Failure or refusal to comply with requests  
   170.    Evidence relating to certain matters  
   171.    Persons who may give such evidence  
   172.    Evidence based on knowledge, belief or information  
   173.    Notification of other parties  
   174.    Evidence of foreign law  
   175.    Evidence of law reports of foreign countries  
   176.    Questions of foreign law to be decided by judge  
   177.    Certificates of expert evidence  
   178.    Convictions, acquittals and other judicial proceedings  
   179.    Proof of identity of convicted persons—affidavits by members of State or Territory police forces  
   180.    Proof of identity of convicted persons—affidavits by members of Australian Federal Police  
   181.    Proof of service of statutory notifications, notices, orders and directions  
   182.    Application of certain sections in relation to Commonwealth records  
   183.    Inferences  
   184.    Accused may admit matters and give consents  
   185.    Full faith and credit to be given to documents properly authenticated  
   186.    Swearing of affidavits  
   187.    No privilege against self-incrimination for bodies corporate  
   188.    Impounding documents  
   189.    The voir dire  
   190.    Waiver of rules of evidence  
   191.    Agreements as to facts  
   192.    Leave, permission or direction may be given on terms  
   192A.   Advance rulings and findings  
   193.    Additional powers  
   194.    Witnesses failing to attend proceedings  
   195.    Prohibited question not to be published  
   196.    Proceedings for offences  
   197.    Regulations  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES


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