[Browse Databases] [Alphabetical Index] ['Ev' Index]
[Download Act] [Search Act]

---

EVIDENCE ACT 1995 !!!The following amendment (No. 46, 2006) has not been incorporated. - List of Sections

Section

Compilation Information

Long Title

EVIDENCE ACT 1995
Chapter 1—Preliminary

EVIDENCE ACT 1995
Part 1.1—Formal matters

1. Short title [ see Note 1]
2. Commencement [ see Note 1]
3. Definitions
EVIDENCE ACT 1995
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 other Acts etc.
8A. Application of the Criminal Code
9. Effect of Act on other laws
10. Parliamentary privilege preserved
11. General powers of a court
EVIDENCE ACT 1995
Chapter 2—Adducing evidence

EVIDENCE ACT 1995
Part 2.1—Witnesses

EVIDENCE ACT 1995
Division 1—Competence and compellability of 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: defendants 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
EVIDENCE ACT 1995
Division 2—Oaths and affirmations


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
25. Rights to make unsworn statements unaffected
EVIDENCE ACT 1995
Division 3—General rules about giving evidence


26. Court's control over questioning of witnesses
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
EVIDENCE ACT 1995
Division 4—Examination in chief and re-examination


37. Leading questions
38. Unfavourable witnesses
39. Limits on re-examination
EVIDENCE ACT 1995
Division 5—Cross-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
EVIDENCE ACT 1995
Part 2.2—Documents

EVIDENCE ACT 1995



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
EVIDENCE ACT 1995
Part 2.3—Other evidence

52. Adducing of other evidence not affected
53. Views
54. Views to be evidence
EVIDENCE ACT 1995
Chapter 3—Admissibility of evidence

EVIDENCE ACT 1995
Part 3.1—Relevance

55. Relevant evidence
56. Relevant evidence to be admissible
57. Provisional relevance
58. Inferences as to relevance
EVIDENCE ACT 1995
Part 3.2—Hearsay

EVIDENCE ACT 1995
Division 1—The hearsay rule


59. The hearsay rule—exclusion of hearsay evidence
60. Exception: evidence relevant for a non-hearsay purpose
61. Exceptions to the hearsay rule dependent on competency
EVIDENCE ACT 1995
Division 2—First-hand hearsay


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
67. Notice to be given
68. Objections to tender of hearsay evidence in civil proceedings if maker available
EVIDENCE ACT 1995
Division 3—Other exceptions to the hearsay rule


69. Exception: business records
70. Exception: contents of tags, labels and writing
71. Exception: telecommunications
72. Exception: contemporaneous statements about a person's health etc.
73. Exception: reputation as to relationships and age
74. Exception: reputation of public or general rights
75. Exception: interlocutory proceedings
EVIDENCE ACT 1995
Part 3.3—Opinion

EVIDENCE ACT 1995



76. The opinion rule
77. Exception: evidence relevant otherwise than as opinion evidence
78. Exception: lay opinions
79. Exception: opinions based on specialised knowledge
80. Ultimate issue and common knowledge rules abolished
EVIDENCE ACT 1995
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 defendants
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
EVIDENCE ACT 1995
Part 3.5—Evidence of judgments and convictions

91. Exclusion of evidence of judgments and convictions
92. Exceptions
93. Savings
EVIDENCE ACT 1995
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
EVIDENCE ACT 1995
Part 3.7—Credibility

102. The credibility rule
103. Exception: cross-examination as to credibility
104. Further protections: cross-examination of accused
105. Further protections: defendants making unsworn statements
106. Exception: rebutting denials by other evidence
108. Exception: re-establishing credibility
108A. Admissibility of evidence of credibility of person who has made a previous representation
EVIDENCE ACT 1995
Part 3.8—Character

109. Application
110. Evidence about character of accused persons
111. Evidence about character of co-accused
112. Leave required to cross-examine about character of accused or co-accused
EVIDENCE ACT 1995
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
EVIDENCE ACT 1995
Part 3.10—Privileges

EVIDENCE ACT 1995
Division 1—Client legal privilege


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: defendants
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
EVIDENCE ACT 1995
Division 2—Other privileges


127. Religious confessions
128. Privilege in respect of self-incrimination in other proceedings
EVIDENCE ACT 1995
Division 3—Evidence excluded in the public interest


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
EVIDENCE ACT 1995
Division 4—General


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
EVIDENCE ACT 1995
Part 3.11—Discretions to exclude evidence

EVIDENCE ACT 1995



135. General discretion to exclude evidence
136. General discretion to limit use of evidence
137. Exclusion of prejudicial evidence in criminal proceedings
138. Discretion to exclude improperly or illegally obtained evidence
139. Cautioning of persons
EVIDENCE ACT 1995
Chapter 4—Proof

EVIDENCE ACT 1995
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
EVIDENCE ACT 1995
Part 4.2—Judicial notice

143. Matters of law
144. Matters of common knowledge
145. Certain Crown certificates
EVIDENCE ACT 1995
Part 4.3—Facilitation of proof

EVIDENCE ACT 1995
Division 1—General


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, 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
EVIDENCE ACT 1995
Division 2—Matters of official record


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
EVIDENCE ACT 1995
Division 3—Matters relating to post and communications


160. Postal articles
161. Telexes
162. Lettergrams and telegrams
163. Proof of letters having been sent by Commonwealth agencies
EVIDENCE ACT 1995
Part 4.4—Corroboration

SECT
164 Corroboration requirements abolished

EVIDENCE ACT 1995
Part 4.5—Warnings

165. Unreliable evidence
EVIDENCE ACT 1995
Part 4.6—Ancillary provisions

EVIDENCE ACT 1995
Division 1—Requests to produce documents or call
witnesses

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
EVIDENCE ACT 1995
Division 2—Proof of certain matters by affidavits or written
statements

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
EVIDENCE ACT 1995
Division 3—Foreign law


174. Evidence of foreign law
175. Evidence of law reports of foreign countries
176. Questions of foreign law to be decided by judge
EVIDENCE ACT 1995
Division 4—Procedures for proving other matters


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 AFP employees or special members of the Australian Federal Police
181. Proof of service of statutory notifications, notices, orders and directions
EVIDENCE ACT 1995
Chapter 5—Miscellaneous

182. Application of certain sections in relation to Commonwealth records, postal articles sent by Commonwealth agencies and certain Commonwealth documents
183. Inferences
184. Accused may admit matters and give consents
185. Faith and credit to be given to documents properly authenticated
186. Swearing of affidavits before justices of the peace, notaries public and lawyers
187. Abolition of the 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
193. Additional powers
194. Witnesses failing to attend proceedings
195. Prohibited question not to be published
196. Proceedings for offences
197. Regulations
EVIDENCE ACT 1995
Schedule—Oaths and Affirmations

EVIDENCE ACT 1995
Dictionary

EVIDENCE ACT 1995
Notes to the Evidence Act 1995

Table A

---

[Browse Databases] [Alphabetical Index] ['Ev' Index]
[Download Act] [Search Act] [Back to top]