Symbols & Numeric |
(1) Language |
(1) Overarching Principle |
(1) Things to do |
(2) Concepts of truth and a promise |
(2) Pre-court role of Child Witness Service |
(2) Things to avoid |
(3) Establishing the ‘rules of court’ |
(3) Impact of stress/trauma |
(4) Children and the rule in Browne v Dunn |
(4) Children and the rule in Browne v Dunn |
Update History |
(4) Experiences are understood egocentrically |
(5) When questioning about understanding of the obligation to tell the truth |
1 – References to businesses |
10 – References to children and parents |
11 – References to de facto partners |
2 – References to examination in chief, cross-examination and re-examination |
3 – References to civil penalties |
4 – Unavailability of persons |
4 – Unavailability of persons |
Update History |
5 – Unavailability of documents and things |
6 – Representations in documents |
7 - Witnesses |
8 – References to documents |
8A – References to offices, etc |
9 – References to laws |
A |
A. Children Aged 5 Years and Under |
A. Introduction |
A-B |
About this Manual |
Acknowledgments |
Appendix A: Child Witnesses: Testing Competency and Questioning – A Practical Guide |
Appendix A: Child Witnesses: Testing Competency and Questioning – A Practical Guide |
s 13 – Competence – lack of capacity |
Update History |
Application of the UEA |
Attachment A |
B |
B. Children Aged 6-8 Years |
B. General |
C |
C |
C. Children Aged 9-12 Years |
C. Developmentally Focussed Considerations |
Chapter 1 - Preliminary |
Chapter 1 - Preliminary |
Structure of this Manual |
Update History |
Chapter 2 – Adducing Evidence |
Chapter 2 – Adducing Evidence |
Structure of this Manual |
Update History |
Chapter 3 – Admissibility of Evidence |
Chapter 3 – Admissibility of Evidence |
Structure of this Manual |
Chapter 4 - Proof |
Chapter 4 - Proof |
Structure of this Manual |
Update History |
Chapter 5 - Miscellaneous |
Chapter 5 - Miscellaneous |
Structure of this Manual |
Update History |
D |
D - H |
D. Children Aged 13-15 Years |
D. Cross-Examination |
Dictionary |
Dictionary |
s 100 – Court may dispense with notice requirements |
s 101 – Further restrictions on tendency evidence and coincidence evidence adduced by prosecution |
s 101A – Credibility Evidence |
s 102 – The credibility rule |
s 103 – Exception: cross-examination as to credibility |
s 104 – Further protections: cross-examination as to credibility (criminal proceedings) |
s 106 – Exception: rebutting denials by other evidence |
s 108 – Exception: re-establishing credibility |
s 108A – Admissibility of evidence of credibility of person who has made a previous representation |
s 108B – Further protections: previous representations of an accused who is not a witness |
s 108C – Exception: evidence of persons with specialised knowledge |
s 109 - Application |
s 11 – General powers of a court |
s 110 – Evidence about character of an accused |
s 111 – Evidence about character of co-accused |
s 112 – Leave required to cross-examine about character of accused or co-accused |
s 113 - Application |
s 114 – Exclusion of visual identification evidence |
s 115 – Exclusion of evidence of identification by pictures |
s 117 - Definitions |
s 118 – Legal advice |
s 119 - Litigation |
s 120 – Unrepresented parties |
s 121 – Loss of client legal privilege: generally |
s 122 – Loss of client legal privilege: consent and related matters |
s 123 – Loss of client legal privilege: accused |
s 124 – Loss of client legal privilege: joint clients |
s 125 – Loss of client legal privilege: misconduct |
s 126 – Loss of client legal privilege: related communications and documents |
s 127 – Religious confessions |
s 128 – Privilege in respect of self-incrimination in other proceedings |
s 128A – Privilege in respect of self-incrimination: exception for certain orders etc |
s 129 – Exclusion of evidence of reasons for judicial etc. decisions |
s 13 – Competence – lack of capacity |
s 130 – Exclusion of evidence of matters of state |
s 131 – Exclusion of evidence of settlement negotiations |
s 131A – Application of Division to preliminary proceedings of courts |
s 132 – Court to inform of rights to make applications and objections |
s 133 – Court may inspect etc. documents |
s 135 – General discretion to exclude evidence |
s 136 – General discretion to limit use of evidence |
s 137 – Exclusion of prejudicial evidence in criminal proceedings |
s 138 – Exclusion of improperly or illegally obtained evidence |
s 139 – Cautioning of persons |
s 14 – Compellability – where reduced capacity |
s 140 – Civil proceedings: standard of proof |
s 141 – Criminal proceedings: standard of proof |
s 142 – Admissibility of evidence: standard of proof |
s 143 – Matters of law |
s 144 – Matters of common knowledge |
s 145 – Certain Crown certificates |
s 146 – Evidence produced by processes, machines and other devices |
s 147 - Documents produced by processes, machines and other devices in the course of business |
s 148 – Evidence of certain acts of justices, Australian lawyers and notaries public |
s 149 – Attestation of documents |
s 150 – Seals and signatures |
s 152 – Documents produced from proper custody |
s 153 – Gazettes and other official documents |
s 154 – Documents published by authority of Parliaments etc |
s 155 – Evidence of official records |
s 156 – Public documents |
s 157 – Public documents relating to court processes |
s 158 – Evidence of certain public documents |
s 159 – Official statistics |
s 160 – Postal articles |
s 161 – Electronic communications |
s 162 – Lettergrams and telegrams |
s 164 – Corroboration requirements abolished |
s 165 – Unreliable evidence |
s 165A – Warnings in relation to children’s evidence |
s 165B – Delay in prosecution |
s 166 – Definition of request |
s 167 – Requests may be made about certain matters |
s 168 – Time limits for making certain requests |
s 169 – Failure or refusal to comply with requests |
s 17 – Competence and compellability in criminal proceedings - accused |
s 174 – Evidence of foreign law |
s 175 – Evidence of law reports of foreign countries |
s 176 – Questions of foreign law to be decided by judge |
s 177 – Certificates of expert evidence |
s 178 – Convictions, acquittals and other judicial proceedings |
s 179 – Proof of identity of convicted persons: affidavits by members of State or Territory police forces |
s 18 – Compellability of spouses and others in criminal proceedings |
s 180 – Proof of identity of convicted persons: affidavits by members of Australian Federal Police |
s 181 – Proof of service of statutory notifications, notices, orders and directions |
s 183 - Inferences |
s 184 – Accused may admit matters and give consents |
s 187 – No privilege against self-incrimination for bodies corporate |
s 188 – Impounding documents |
s 189 – The voir dire |
s 190 – Waiver of rules of evidence |
s 191 – Agreements as to facts |
s 192 – Leave permission or direction may be given on terms |
s 192A – Advance rulings and findings |
s 193 – Additional powers |
s 194- Witnesses failing to attend proceedings |
s 195 – Prohibited question not to be published |
s 197 - Regulations |
s 21 – Sworn evidence of witnesses to be on oath or affirmation |
s 22 – Interpreters to act on oath or affirmation |
s 23 – Choice of oath or affirmation |
s 26 – Court’s control over questioning of witness |
s 27 – Parties may question witnesses |
s 28 – Order of examination in chief, cross-examination and re-examination |
s 29 – Manner and form of questioning witnesses and their responses |
s 30 - Interpreters |
s 31 – Deaf and mute witnesses |
s 32 – Attempts to revive memory in court |
s 33 – Evidence given by police officers |
s 34 – Attempts to revive memory out of court |
s 35 – Effect of calling for production of documents |
s 36 – Person may be examined without subpoena or other process |
s 37 – Leading questions |
s 38 – Unfavourable witnesses |
s 39 – Limits on re-examination |
s 4 – Courts and proceedings to which the Evidence Act 2008 applies |
s 40 – Witness called in error |
s 41 – Improper questions |
s 42 – Leading questions |
s 43 – Prior inconsistent statements of witnesses |
s 44 – Previous representations of other persons |
s 45 – Production of documents |
s 46 – Leave to recall witnesses |
s 47 - Definitions |
s 48 – Proof of contents of documents |
s 49 – Documents in foreign countries |
s 50 – Proof of voluminous or complex documents |
s 52 – Adducing of other evidence not affected |
s 53 - Views |
s 54 – Views to be evidence |
s 55 – Relevant evidence |
s 57 – Provisional relevance |
s 58 – Inferences as to relevance |
s 59 – The hearsay rule: exclusion of hearsay evidence |
s 60 – Exception: evidence relevant for a non-hearsay purpose |
s 61 – Exceptions to the hearsay rule dependant on competency |
s 62 – Restriction to ‘first-hand’ hearsay |
s 63 – Exception: civil proceedings if maker not available |
s 64 – Exception: civil proceedings if maker available |
s 65 – Exception: criminal proceedings if maker not available |
s 66 – Exception: criminal proceedings if maker available |
s 66A – Exception: contemporaneous statements about a person’s health etc. |
s 67 – Notice to be given |
s 68 – Objections to tender of hearsay evidence in civil proceedings if maker available |
s 69 – Exception: business records |
s 70 – Exception: contents of tags, labels and writing |
s 71 – Exception: electronic communications |
s 72 – Exception: Aboriginal and Torres Strait Islander traditional laws and customs |
s 73 - Exception: reputation as to relationships and age |
s 74 – Exception: reputation of public or general rights |
s 75 – Exception: interlocutory proceedings |
s 76 – The opinion rule |
s 77 – Exception to the opinion rule: evidence relevant otherwise than as opinion evidence |
s 78 – Exception to the opinion rule: lay opinions |
s 78A – Exception to the opinion rule: Aboriginal and Torres Strait Islander traditional laws and customs |
s 79 – Exception to the opinion rule: opinions based on specialised knowledge |
s 81, s 82 – Hearsay and opinion rules: exceptions for admissions and related representations |
s 83 – Exclusion of evidence of admissions as against third parties |
s 84 – Exclusion of admissions influenced by violence and certain other conduct (all proceedings) |
s 85 – Criminal proceedings: reliability of admissions by accused |
s 86 – Criminal proceedings: exclusion of oral questioning |
s 87 – All proceedings: admissions made with authority |
s 88 – Proof of admissions |
s 89 – Criminal proceedings: evidence of silence |
s 9 – Application of common law and equity |
s 90 – Criminal proceedings: discretion to exclude admissions |
s 91 – Exclusion of evidence of judgments and convictions |
s 92 – Exceptions to exclusion of evidence of judgments and convictions |
s 93 - Savings |
s 94 – Application of Part 3.6: limits |
s 97, s 98 – Civil and criminal proceedings: the tendency rule and the coincidence rule |
s 99 – Requirements for notices |
ss 170 – 173 – Proof by affidavits and written statements |
Structure of this Manual |
Disclaimer |
Discretions to exclude or limit use of evidence |
Division 1 – Client legal privilege (ss 117 – 126) |
Division 1 – Client legal privilege (ss 117 – 126) |
Structure of this Manual |
Division 1 – Competence and compellability of witnesses (ss 12 – 20) |
Division 1 – Competence and compellability of witnesses (ss 12 – 20) |
Structure of this Manual |
Division 1 – Credibility evidence (s 101A) |
Division 1 – Credibility evidence (s 101A) |
Structure of this Manual |
Division 1 – General (ss 146 – 152) |
Division 1 – Requests to produce documents or call witnesses (ss 166 – 169) |
Division 1 – Requests to produce documents or call witnesses (ss 166 – 169) |
Update History |
Division 1 – The hearsay rule (ss 59 – 61) |
Division 1 – The hearsay rule (ss 59 – 61) |
Structure of this Manual |
Division 1C - Journalist privilege (ss 126J - 126K) |
Division 1C - Journalist privilege (ss 126J - 126K) |
Update History |
Division 2 – ‘First-hand’ hearsay (ss 62 – 68) |
Division 2 – ‘First-hand’ hearsay (ss 62 – 68) |
Structure of this Manual |
Division 2 – Credibility of witnesses (ss 102 – 108) |
Division 2 – Credibility of witnesses (ss 102 – 108) |
Structure of this Manual |
Division 2 – Matters of official record (ss 153 – 159) |
Division 2 – Oaths and affirmations (ss 21 – 25) |
Division 2 – Oaths and affirmations (ss 21 – 25) |
Structure of this Manual |
Division 2 – Other privileges (ss 127 – 128A) |
Division 2 – Other privileges (ss 127 – 128A) |
Structure of this Manual |
Division 2 – Proof of certain matters by affidavits or written statements (ss 170 – 173) |
Division 3 – Credibility of persons who are not witnesses (ss 108A – 108B) |
Division 3 – Credibility of persons who are not witnesses (ss 108A – 108B) |
Structure of this Manual |
Division 3 – Evidence excluded in the public interest (ss 129 – 131) |
Division 3 – Evidence excluded in the public interest (ss 129 – 131) |
Structure of this Manual |
Division 3 – Foreign Law (ss 174 – 176) |
Division 3 – General rules about giving evidence (ss 26 – 36) |
Division 3 – General rules about giving evidence (ss 26 – 36) |
Structure of this Manual |
Division 3 – Matters relating to post and communications (ss 160 – 162) |
Division 3 – Other exceptions to the hearsay rule (ss 69 – 75) |
Division 3 – Other exceptions to the hearsay rule (ss 69 – 75) |
Structure of this Manual |
Division 4 – Examination in chief and re-examination (ss 37 - 39) |
Division 4 – Examination in chief and re-examination (ss 37 - 39) |
Structure of this Manual |
Division 4 – General (ss 131A – 134) |
Division 4 – General (ss 131A – 134) |
Structure of this Manual |
Division 4 – Persons with specialised knowledge (s 108C) |
Division 4 – Persons with specialised knowledge (s 108C) |
Structure of this Manual |
Update History |
Division 4 – Procedures for proving other matters (ss 177 – 181) |
Division 5 – Cross-examination (ss 40 - 46) |
Division 5 – Cross-examination (ss 40 - 46) |
Structure of this Manual |
E |
E. Children Aged 16 years and over |
E. Potentially Embarrassing/Difficult Questions |
F |
F. Sexual Abuse Accommodation Syndrome |
Flowcharts |
Flowcharts |
Structure of the admissibility of evidence provisions |
G |
G. Older Children |
General powers of a court |
H |
History of the Uniform Evidence Acts |
History of the Uniform Evidence Acts |
Structure of this Manual |
I |
I - L |
Introduction to the Evidence Act 2008 |
Introduction to the Evidence Act 2008 |
Structure of this Manual |
Update History |
K |
Key policy elements |
Key policy elements |
Structure of this Manual |
M |
M - P |
P |
Part 1 - Definitions |
Part 1 - Definitions |
Structure of this Manual |
Part 1 - General |
Part 1.1 – Formal Matters (ss 1 – 3) |
Part 1.1 – Formal Matters (ss 1 – 3) |
Structure of this Manual |
Part 1.2 – Application of the Evidence Act 2008 (ss 4 – 11) |
Part 1.2 – Application of the Evidence Act 2008 (ss 4 – 11) |
Structure of this Manual |
Part 2 – Application of Notification Provisions |
Part 2 – Other Expressions |
Part 2 – Other Expressions |
Structure of this Manual |
Part 2.1 – Witnesses (ss 12 – 46) |
Part 2.1 – Witnesses (ss 12 – 46) |
Structure of this Manual |
Part 2.2 – Documents (ss 47 – 51) |
Part 2.2 – Documents (ss 47 – 51) |
Structure of this Manual |
Part 2.3 – Other Evidence (ss 52 – 54) |
Part 2.3 – Other Evidence (ss 52 – 54) |
Structure of this Manual |
Part 3.1 – Relevance (ss 55 – 58) |
Part 3.1 – Relevance (ss 55 – 58) |
Structure of this Manual |
Update History |
Part 3.10 – Privileges (Divisions 1 - 4, ss 117 – 134) |
Part 3.10 – Privileges (Divisions 1 - 4, ss 117 – 134) |
Structure of this Manual |
Update History |
Part 3.11: Discretionary and Mandatory Exclusions (ss 135 – 139) |
Part 3.11: Discretionary and Mandatory Exclusions (ss 135 – 139) |
s 135 – General discretion to exclude evidence |
Structure of this Manual |
Update History |
Part 3.2 – Hearsay (ss 59 – 75) |
Part 3.2 – Hearsay (ss 59 – 75) |
Structure of this Manual |
Update History |
Part 3.3 – Opinion (ss 76 – 80) |
Part 3.3 – Opinion (ss 76 – 80) |
Structure of this Manual |
Update History |
Part 3.4 – Admissions (ss 81 – 90) |
Part 3.4 – Admissions (ss 81 – 90) |
Structure of this Manual |
Update History |
Part 3.5 – Evidence of judgments and convictions (ss 91 – 93) |
Part 3.5 – Evidence of judgments and convictions (ss 91 – 93) |
Structure of this Manual |
Update History |
Part 3.6 – Tendency and coincidence (s 94 – s 101) |
Part 3.6 – Tendency and coincidence (s 94 – s 101) |
Structure of this Manual |
Update History |
Part 3.7 – Credibility (ss 101A – 108C) |
Part 3.7 – Credibility (ss 101A – 108C) |
Structure of this Manual |
Update History |
Part 3.8 – Character (ss 109 – 112) |
Part 3.8 – Character (ss 109 – 112) |
Structure of this Manual |
Update History |
Part 3.9 – Identification evidence (ss 113 – 116) |
Part 3.9 – Identification evidence (ss 113 – 116) |
Structure of this Manual |
Update History |
Part 3—Transitional provisions for Evidence Amendment (Journalist Privilege) Act 2012 |
Part 4.1 – Standard of Proof (ss 140 – 142) |
Part 4.1 – Standard of Proof (ss 140 – 142) |
Structure of this Manual |
Part 4.2 – Judicial Notice (ss 143 – 145) |
Part 4.2 – Judicial Notice (ss 143 – 145) |
Structure of this Manual |
Part 4.3 – Facilitation of Proof (Division 1-3, ss 146 – 163) |
Part 4.3 – Facilitation of Proof (Division 1-3, ss 146 – 163) |
Structure of this Manual |
Part 4.4 – Corroboration (s 164) |
Part 4.4 – Corroboration (s 164) |
Structure of this Manual |
Part 4.5: Warnings & Information (ss 165 – 165B) |
Part 4.5: Warnings & Information (ss 165 – 165B) |
Structure of this Manual |
Part 4.6: Ancillary Provisions (Divisions 1 - 4, ss 166 – 181) |
Part 4.6: Ancillary Provisions (Divisions 1 - 4, ss 166 – 181) |
Structure of this Manual |
Part 5 —Transitional provision for Crimes Amendment (Abolition of Defensive Homicide) Act 2014 |
Part 6 —Transitional provisions for Jury Directions Act 2015 |
Part 7 —Transitional provision for Jury Directions and Other Acts Amendment Act 2017 |
Part I – Legislative Context |
Part II – Overarching Principles For Questioning Children |
Part III. Further Context and Sample Scripts |
Policy underlying the UEA |
Policy underlying the UEA |
Structure of this Manual |
Q |
Q - Z |
R |
Relationship with other legislation |
Relationship with the common law and equity – is the UEA a code? |
Reports and papers |
Reports and papers |
Structure of this Manual |
S |
s 100 – Court may dispense with notice requirements |
s 101 – Further restrictions on tendency evidence and coincidence evidence adduced by prosecution |
s 101 – Further restrictions on tendency evidence and coincidence evidence adduced by prosecution |
s 97, s 98 – Civil and criminal proceedings: the tendency rule and the coincidence rule |
Update History |
s 101A – Credibility Evidence |
s 101A – Credibility Evidence |
Update History |
s 102 – The credibility rule |
s 103 – Exception: cross-examination as to credibility |
s 103 – Exception: cross-examination as to credibility |
Update History |
s 104 – Further protections: cross-examination as to credibility (criminal proceedings) |
s 104 – Further protections: cross-examination as to credibility (criminal proceedings) |
Update History |
s 106 – Exception: rebutting denials by other evidence |
s 108 – Exception: re-establishing credibility |
s 108 – Exception: re-establishing credibility |
Update History |
s 108A – Admissibility of evidence of credibility of person who has made a previous representation |
s 108B – Further protections: previous representations of an accused who is not a witness |
s 108B – Further protections: previous representations of an accused who is not a witness |
Update History |
s 108C – Exception: evidence of persons with specialised knowledge |
s 108C – Exception: evidence of persons with specialised knowledge |
Update History |
s 109 - Application |
s 11 – General powers of a court |
s 11 – General powers of a court |
s 137 – Exclusion of prejudicial evidence in criminal proceedings |
s 90 – Criminal proceedings: discretion to exclude admissions |
Update History |
s 110 – Evidence about character of an accused |
s 110 – Evidence about character of an accused |
Update History |
s 111 – Evidence about character of co-accused |
s 112 – Leave required to cross-examine about character of accused or co-accused |
s 113 - Application |
s 113 - Application |
Update History |
s 114 – Exclusion of visual identification evidence |
s 114 – Exclusion of visual identification evidence |
Update History |
s 115 – Exclusion of evidence of identification by pictures |
s 115 – Exclusion of evidence of identification by pictures |
Update History |
s 116 – Directions to jury |
s 116 – Directions to jury |
Update History |
s 117 - Definitions |
s 117 - Definitions |
Update History |
s 118 – Legal advice |
s 118 – Legal advice |
Update History |
s 119 - Litigation |
s 119 - Litigation |
Update History |
s 12 – Competence and compellability |
Relationship with the common law and equity – is the UEA a code? |
s 12 – Competence and compellability |
s 120 – Unrepresented parties |
s 121 – Loss of client legal privilege: generally |
s 121 – Loss of client legal privilege: generally |
Update History |
s 122 – Loss of client legal privilege: consent and related matters |
s 122 – Loss of client legal privilege: consent and related matters |
Update History |
s 123 – Loss of client legal privilege: accused |
s 123 – Loss of client legal privilege: accused |
Update History |
s 124 – Loss of client legal privilege: joint clients |
s 124 – Loss of client legal privilege: joint clients |
Update History |
s 125 – Loss of client legal privilege: misconduct |
s 125 – Loss of client legal privilege: misconduct |
Update History |
s 126 – Loss of client legal privilege: related communications and documents |
s 126 – Loss of client legal privilege: related communications and documents |
Update History |
s 126J - Definitions |
s 126J - Definitions |
Update History |
s 126K - Journalist privilege |
s 127 – Religious confessions |
s 127 – Religious confessions |
Update History |
s 128 – Privilege in respect of self-incrimination in other proceedings |
s 128 – Privilege in respect of self-incrimination in other proceedings |
Update History |
s 128A – Privilege in respect of self-incrimination: exception for certain orders etc |
s 129 – Exclusion of evidence of reasons for judicial etc. decisions |
s 13 – Competence – lack of capacity |
s 13 – Competence – lack of capacity |
Update History |
s 130 – Exclusion of evidence of matters of state |
s 130 – Exclusion of evidence of matters of state |
Update History |
s 131 – Exclusion of evidence of settlement negotiations |
s 131 – Exclusion of evidence of settlement negotiations |
Update History |
s 131A – Application of Division to preliminary proceedings of courts |
s 132 – Court to inform of rights to make applications and objections |
s 132 – Court to inform of rights to make applications and objections |
Update History |
s 133 – Court may inspect etc. documents |
s 134 – Inadmissibility of evidence that must not be adduced or given |
s 135 – General discretion to exclude evidence |
s 135 – General discretion to exclude evidence |
Update History |
s 136 – General discretion to limit use of evidence |
s 136 – General discretion to limit use of evidence |
Update History |
s 137 – Exclusion of prejudicial evidence in criminal proceedings |
s 113 - Application |
s 137 – Exclusion of prejudicial evidence in criminal proceedings |
s 97, s 98 – Civil and criminal proceedings: the tendency rule and the coincidence rule |
Update History |
s 138 – Exclusion of improperly or illegally obtained evidence |
s 138 – Exclusion of improperly or illegally obtained evidence |
Update History |
s 139 – Cautioning of persons |
s 139 – Cautioning of persons |
Update History |
s 14 – Compellability – where reduced capacity |
s 140 – Civil proceedings: standard of proof |
s 140 – Civil proceedings: standard of proof |
Update History |
s 141 – Criminal proceedings: standard of proof |
s 142 – Admissibility of evidence: standard of proof |
Relationship with the common law and equity – is the UEA a code? |
s 142 – Admissibility of evidence: standard of proof |
s 143 – Matters of law |
s 144 – Matters of common knowledge |
s 144 – Matters of common knowledge |
Update History |
s 145 – Certain Crown certificates |
s 146 – Evidence produced by processes, machines and other devices |
s 146 – Evidence produced by processes, machines and other devices |
Update History |
s 147 - Documents produced by processes, machines and other devices in the course of business |
s 148 – Evidence of certain acts of justices, Australian lawyers and notaries public |
s 149 – Attestation of documents |
s 150 – Seals and signatures |
s 152 – Documents produced from proper custody |
s 153 – Gazettes and other official documents |
s 154 – Documents published by authority of Parliaments etc |
s 155 – Evidence of official records |
s 156 – Public documents |
s 157 – Public documents relating to court processes |
s 158 – Evidence of certain public documents |
s 159 – Official statistics |
s 160 – Postal articles |
s 161 – Electronic communications |
s 162 – Lettergrams and telegrams |
s 164 – Corroboration requirements abolished |
s 164 – Corroboration requirements abolished |
Update History |
s 165 – Unreliable evidence |
s 165 – Unreliable evidence |
Update History |
s 165A – Warnings in relation to children’s evidence |
s 165A – Warnings in relation to children’s evidence |
Update History |
s 165B – Delay in prosecution |
s 165B – Delay in prosecution |
Update History |
s 166 – Definition of request |
s 167 – Requests may be made about certain matters |
s 167 – Requests may be made about certain matters |
Update History |
s 168 – Time limits for making certain requests |
s 169 – Failure or refusal to comply with requests |
s 169 – Failure or refusal to comply with requests |
Update History |
s 17 – Competence and compellability in criminal proceedings - accused |
s 17 – Competence and compellability in criminal proceedings - accused |
Update History |
s 174 – Evidence of foreign law |
s 174 – Evidence of foreign law |
Update History |
s 175 – Evidence of law reports of foreign countries |
s 176 – Questions of foreign law to be decided by judge |
s 177 – Certificates of expert evidence |
s 178 – Convictions, acquittals and other judicial proceedings |
s 179 – Proof of identity of convicted persons: affidavits by members of State or Territory police forces |
s 18 – Compellability of spouses and others in criminal proceedings |
s 18 – Compellability of spouses and others in criminal proceedings |
Update History |
s 180 – Proof of identity of convicted persons: affidavits by members of Australian Federal Police |
s 181 – Proof of service of statutory notifications, notices, orders and directions |
s 183 - Inferences |
s 184 – Accused may admit matters and give consents |
s 187 – No privilege against self-incrimination for bodies corporate |
s 188 – Impounding documents |
s 189 – The voir dire |
s 190 – Waiver of rules of evidence |
s 190 – Waiver of rules of evidence |
Update History |
s 191 – Agreements as to facts |
s 192 – Leave permission or direction may be given on terms |
s 192A – Advance rulings and findings |
s 192A – Advance rulings and findings |
Update History |
s 193 – Additional powers |
s 194- Witnesses failing to attend proceedings |
s 195 – Prohibited question not to be published |
s 197 - Regulations |
s 20 – Comment on failure to give evidence |
s 20 – Comment on failure to give evidence |
Update History |
s 21 – Sworn evidence of witnesses to be on oath or affirmation |
s 22 – Interpreters to act on oath or affirmation |
s 23 – Choice of oath or affirmation |
s 24 – Requirements for oaths |
s 24A – Alternative oath |
s 26 – Court’s control over questioning of witness |
s 27 – Parties may question witnesses |
s 27 – Parties may question witnesses |
Update History |
s 28 – Order of examination in chief, cross-examination and re-examination |
s 29 – Manner and form of questioning witnesses and their responses |
s 30 - Interpreters |
s 31 – Deaf and mute witnesses |
s 31 – Deaf and mute witnesses |
Update History |
s 32 – Attempts to revive memory in court |
s 33 – Evidence given by police officers |
s 34 – Attempts to revive memory out of court |
s 35 – Effect of calling for production of documents |
s 36 – Person may be examined without subpoena or other process |
s 37 – Leading questions |
s 37 – Leading questions |
Update History |
s 38 – Unfavourable witnesses |
s 38 – Unfavourable witnesses |
Update History |
s 39 – Limits on re-examination |
s 39 – Limits on re-examination |
Update History |
s 4 – Courts and proceedings to which the Evidence Act 2008 applies |
Application of the UEA |
s 4 – Courts and proceedings to which the Evidence Act 2008 applies |
Update History |
s 40 – Witness called in error |
s 41 – Improper questions |
s 41 – Improper questions |
Update History |
s 42 – Leading questions |
s 42 – Leading questions |
Update History |
s 43 – Prior inconsistent statements of witnesses |
s 44 – Previous representations of other persons |
s 45 – Production of documents |
s 46 – Leave to recall witnesses |
s 46 – Leave to recall witnesses |
Update History |
s 47 - Definitions |
s 48 – Proof of contents of documents |
s 48 – Proof of contents of documents |
Update History |
s 49 – Documents in foreign countries |
s 50 – Proof of voluminous or complex documents |
s 50 – Proof of voluminous or complex documents |
Update History |
s 51 – Original document rule abolished |
s 52 – Adducing of other evidence not affected |
s 53 - Views |
s 53 - Views |
Update History |
s 54 – Views to be evidence |
s 55 – Relevant evidence |
s 55 – Relevant evidence |
Update History |
s 56 – Relevant evidence to be admissible (ie: relevance as threshold rule of admissibility) |
Relationship with the common law and equity – is the UEA a code? |
s 56 – Relevant evidence to be admissible (ie: relevance as threshold rule of admissibility) |
Update History |
s 57 – Provisional relevance |
s 57 – Provisional relevance |
Update History |
s 58 – Inferences as to relevance |
s 59 – The hearsay rule: exclusion of hearsay evidence |
s 59 – The hearsay rule: exclusion of hearsay evidence |
Update History |
s 60 – Exception: evidence relevant for a non-hearsay purpose |
s 60 – Exception: evidence relevant for a non-hearsay purpose |
Update History |
s 61 – Exceptions to the hearsay rule dependant on competency |
s 62 – Restriction to ‘first-hand’ hearsay |
s 62 – Restriction to ‘first-hand’ hearsay |
Update History |
s 63 – Exception: civil proceedings if maker not available |
s 64 – Exception: civil proceedings if maker available |
s 64 – Exception: civil proceedings if maker available |
Update History |
s 65 – Exception: criminal proceedings if maker not available |
s 65 – Exception: criminal proceedings if maker not available |
Update History |
s 66 – Exception: criminal proceedings if maker available |
s 66 – Exception: criminal proceedings if maker available |
Update History |
s 66A – Exception: contemporaneous statements about a person’s health etc. |
s 66A – Exception: contemporaneous statements about a person’s health etc. |
Update History |
s 67 – Notice to be given |
s 67 – Notice to be given |
Update History |
s 68 – Objections to tender of hearsay evidence in civil proceedings if maker available |
s 69 – Exception: business records |
s 69 – Exception: business records |
Update History |
s 70 – Exception: contents of tags, labels and writing |
s 71 – Exception: electronic communications |
s 72 – Exception: Aboriginal and Torres Strait Islander traditional laws and customs |
s 73 - Exception: reputation as to relationships and age |
s 74 – Exception: reputation of public or general rights |
s 75 – Exception: interlocutory proceedings |
s 75 – Exception: interlocutory proceedings |
Update History |
s 76 – The opinion rule |
s 76 – The opinion rule |
Update History |
s 77 – Exception to the opinion rule: evidence relevant otherwise than as opinion evidence |
s 78 – Exception to the opinion rule: lay opinions |
s 78 – Exception to the opinion rule: lay opinions |
Update History |
s 78A – Exception to the opinion rule: Aboriginal and Torres Strait Islander traditional laws and customs |
s 79 – Exception to the opinion rule: opinions based on specialised knowledge |
s 79 – Exception to the opinion rule: opinions based on specialised knowledge |
Update History |
s 8 – Operation of other Acts |
Relationship with other legislation |
s 8 – Operation of other Acts |
s 80 – Ultimate issue and common knowledge rules abolished |
s 80 – Ultimate issue and common knowledge rules abolished |
Update History |
s 81, s 82 – Hearsay and opinion rules: exceptions for admissions and related representations |
s 81, s 82 – Hearsay and opinion rules: exceptions for admissions and related representations |
Update History |
s 83 – Exclusion of evidence of admissions as against third parties |
s 83 – Exclusion of evidence of admissions as against third parties |
Update History |
s 84 – Exclusion of admissions influenced by violence and certain other conduct (all proceedings) |
s 84 – Exclusion of admissions influenced by violence and certain other conduct (all proceedings) |
Update History |
s 85 – Criminal proceedings: reliability of admissions by accused |
s 85 – Criminal proceedings: reliability of admissions by accused |
Update History |
s 86 – Criminal proceedings: exclusion of oral questioning |
s 87 – All proceedings: admissions made with authority |
s 88 – Proof of admissions |
s 89 – Criminal proceedings: evidence of silence |
s 89 – Criminal proceedings: evidence of silence |
Update History |
s 9 – Application of common law and equity |
s 9 – Application of common law and equity |
Update History |
s 90 – Criminal proceedings: discretion to exclude admissions |
s 90 – Criminal proceedings: discretion to exclude admissions |
Update History |
s 91 – Exclusion of evidence of judgments and convictions |
s 91 – Exclusion of evidence of judgments and convictions |
Update History |
s 92 – Exceptions to exclusion of evidence of judgments and convictions |
s 92 – Exceptions to exclusion of evidence of judgments and convictions |
Update History |
s 93 - Savings |
s 94 – Application of Part 3.6: limits |
s 94 – Application of Part 3.6: limits |
Update History |
s 95 – Use of evidence for other purposes: limits |
s 95 – Use of evidence for other purposes: limits |
Update History |
s 96 – Failure to act |
s 96 – Failure to act |
Update History |
s 97, s 98 – Civil and criminal proceedings: the tendency rule and the coincidence rule |
s 137 – Exclusion of prejudicial evidence in criminal proceedings |
s 97, s 98 – Civil and criminal proceedings: the tendency rule and the coincidence rule |
Update History |
s 99 – Requirements for notices |
s 99 – Requirements for notices |
Update History |
Schedule 1 – Oaths and Affirmations |
Schedule 1 – Oaths and Affirmations |
Structure of this Manual |
Update History |
Schedule 2 – Transitional Provisions |
Schedule 2 – Transitional Provisions |
Structure of this Manual |
Update History |
ss 170 – 173 – Proof by affidavits and written statements |
Structure of the admissibility of evidence provisions |
Structure of the UEA |
Structure of this Manual |
T |
Transitional provisions |
U |
Uniform Evidence Manual |
Update History |
Using the Victorian UEA |
Structure of this Manual |
Using the Victorian UEA |