Victorian Current Acts

EVIDENCE ACT 2008 - SECT 165

S. 165(1) amended by No. 14/2015 s. 75(1)(a).

    (1)     This section applies to evidence in a civil proceeding that is evidence of a kind that may be unreliable, including the following kinds of evidence—

        (a)     evidence in relation to which Part 3.2 (hearsay evidence) or 3.4 (admissions) applies;

        (b)     identification evidence;

        (c)     evidence the reliability of which may be affected by age, ill health (whether physical or mental), injury or the like;

S. 165(1)(d)(e) repealed by No. 14/2015 s. 75(1)(b).

    *     *     *     *     *

S. 165(1)(f) amended by No. 68/2009 s. 97(Sch. item 55.41), repealed by No. 14/2015 s. 75(1)(b).

    *     *     *     *     *

        (g)     in a proceeding against the estate of a deceased person—evidence adduced by or on behalf of a person seeking relief in the proceeding that is evidence about a matter about which the deceased person could have given evidence if he or she were alive.

Note to s. 165(1) inserted by No. 14/2015 s. 75(2).

Note

Subsection (1) differs from section 165(1) of the Commonwealth Act and New South Wales Act.

    (2)     If there is a jury and a party so requests, the judge is to—

        (a)     warn the jury that the evidence may be unreliable; and

        (b)     inform the jury of matters that may cause it to be unreliable; and

        (c)     warn the jury of the need for caution in determining whether to accept the evidence and the weight to be given to it.

    (3)     The judge need not comply with subsection (2) if there are good reasons for not doing so.

    (4)     It is not necessary that a particular form of words be used in giving the warning or information.

    (5)     This section does not affect any other power of the judge to give a warning to, or to inform, the jury.

    (6)     Subsection (2) does not permit a judge to warn or inform a jury in proceedings before it in which a child gives evidence that the reliability of the child's evidence may be affected by the age of the child. Any such warning or information may be given only in accordance with section 165A(2) and (3).

Note to s. 165 inserted by No. 14/2015 s. 75(3).

Note

This section applies only to civil proceedings. Divisions 3 and 4 of Part 4 of the Jury Directions Act 2015 contain provisions relating to unreliable evidence and identification evidence that apply in criminal trials.