New South Wales Consolidated Acts

EVIDENCE ACT 1995 - SECT 108A

108A Admissibility of evidence of credibility of person who has made a previous representation

(1) If--

(a) evidence of a previous representation has been admitted in a proceeding, and

(b) the person who made the representation has not been called, and will not be called, to give evidence in the proceeding,

credibility evidence about the person who made the representation is not admissible unless the evidence could substantially affect the assessment of the person's credibility.

(2) Without limiting the matters to which the court may have regard for the purposes of subsection (1), it is to have regard to--

(a) whether the evidence tends to prove that the person who made the representation knowingly or recklessly made a false representation when the person was under an obligation to tell the truth, and

(b) the period that elapsed between the doing of the acts or the occurrence of the events to which the representation related and the making of the representation.