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Evidence Act, 2011



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The Evidence Act, 2011 is the law related to Evidence of the Australian Capital Territory.

TABLE OF PROVISIONS

Long Title

CHAPTER 1--PRELIMINARY

  PART 1.1--FORMAL MATTERS
  1.      Name of Act  
  2.      Commencement  
  3.      Dictionary  
  3A.     Numbering  
  3B.     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 other Acts  
  8A.     Offences against Act—application of Criminal Code etc  
  9.      Application of common law and equity  
  10.     Parliamentary privilege preserved  
  11.     General powers of a court  

CHAPTER 2--GIVING AND PRESENTING EVIDENCE

  PART 2.1--WITNESSES
          Division 2.1.1--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 domestic partners and others in criminal proceedings  
  19.     Compellability of domestic partners and others in certain criminal  
  20.     Comment on failure to give evidence  
          Division 2.1.2--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  
  24A.    Alternative oath  
          Division 2.1.3--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  
  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  
          Division 2.1.4--Examination-in-chief and re-examination
  37.     Leading questions  
  38.     Unfavourable witnesses  
  39.     Limits on re-examination  
          Division 2.1.5--Cross-examination
  40.     Witness called in error  
  41.     Improper questions  
  42.     Leading questions  
  43.     Prior inconsistent statements of witnesses  
  44.     Previous representations of other people  
  45.     Production of documents  
  46.     Leave to recall witnesses  
  PART 2.2--DOCUMENTS
  47.     Definitions—pt 2.2  
  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.     Presenting of other evidence not affected  
  53.     Views  
  54.     Views to be evidence  

CHAPTER 3--ADMISSIBILITY OF 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
          Division 3.2.1--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  
          Division 3.2.2--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  
  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  
          Division 3.2.3--Other exceptions to the hearsay rule
  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  
  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  
  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  
  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—pt 3.6  
  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 presented by  
  PART 3.7--CREDIBILITY
          Division 3.7.1--Credibility evidence
  101A.   Credibility evidence  
          Division 3.7.2--Credibility of witnesses
  102.    The credibility rule  
  103.    Exception—cross-examination as to credibility  
  104.    Further protections—cross-examination as to credibility  
  106.    Exception—rebutting denials by other evidence  
  108.    Exception—re-establishing credibility  
          Division 3.7.3--Credibility of people who are not witnesses
  108A.   Admissibility of evidence of credibility of person who has made a previous  
  108B.   Further protections—previous representations of an accused who is not a  
          Division 3.7.4--People with specialised knowledge
  108C.   Exception—evidence of people with specialised knowledge  
  PART 3.8--CHARACTER
  109.    Application—pt 3.8  
  110.    Evidence about character of accused people  
  111.    Evidence about character of co-accused  
  112.    Leave required to cross-examine about character of accused or  
  PART 3.9--IDENTIFICATION EVIDENCE
  113.    Application—pt 3.9  
  114.    Exclusion of visual identification evidence  
  115.    Exclusion of evidence of identification by pictures  
  116.    Directions to jury  
  PART 3.10--PRIVILEGES
          Division 3.10.1--Client legal privilege
  117.    Definitions—div 3.10.1  
  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  
          Division 3.10.2--Other privileges
  127.    Religious confessions  
  128.    Privilege in relation to selfincrimination in other proceedings  
  128A.   Privilege in relation to selfincrimination—exception for certain orders  
          Division 3.10.3--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  
          Division 3.10.4--General
  131A.   Application of div 3.10.4 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 presented 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 people  

CHAPTER 4--PROOF

  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
          Division 4.3.1--General
  146.    Evidence produced by processes, machines and other devices  
  147.    Documents produced by processes, machines and other devices in the course of  
  148.    Evidence of certain acts of justices, Australian lawyers and notaries  
  149.    Attestation of documents  
  150.    Seals and signatures  
  151.    Seals of bodies established under State law  
  152.    Documents produced from proper custody  
          Division 4.3.2--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  
          Division 4.3.3--Matters relating to post and communications
  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
          Division 4.6.1--Requests to produce documents or call witnesses
  166.    Meaning of request—div 4.6.1  
  167.    Requests may be made about certain matters  
  168.    Time limits for making certain requests  
  169.    Failure to comply with requests  
          Division 4.6.2--Proof of certain matters by affidavits or written statements
  170.    Evidence relating to certain matters  
  171.    People who may give evidence mentioned in s 170  
  172.    Evidence based on knowledge, belief or information  
  173.    Notification of other parties  
          Division 4.6.3--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  
          Division 4.6.4--Procedures for proving other matters
  177.    Certificates of expert evidence  
  178.    Convictions, acquittals and other judicial proceedings  
  179.    Proof of identity of convicted people—affidavits by members of State or  
  180.    Proof of identity of convicted people—affidavits by members of Australian  
  181.    Proof of service of statutory notifications, notices, orders and  

CHAPTER 5--MISCELLANEOUS

  182.    Application of certain sections in relation to Commonwealth records  
  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  
  187.    No privilege against selfincrimination 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 conditions  
  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.    Regulation-making power  

SCHEDULE 1

DICTIONARY

ENDNOTES

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