Changes authorised by subpart 2 of part 2 of the legislation act 2012 have been made in this official reprint. These evidence acts do not apply to pretrial scenarios which are still regulated by the common law lpp. The challenge throughout 2008 09 was to ensure that the community received the full benefit of these law reform. In victoria, the main statute is the evidence act 2008 vic, which contains rules about evidence in civil and criminal court proceedings, including how evidence can be brought before a court or adduced, what evidence is admissible and how to prove matters in court. Evidence act 2008, that i intend to adduce evidence of character, reputation, conduct or tendency to prove that insert full name of person who it is alleged has, or had, the tendency has, or had, a tendency to act in a particular way, or to have a particular state of mind. Note section 222 of the evidence act 2008 requires interpreters to take an oath or make an affirmation in accordance with a form in schedule 1 to that act or a similar form.
Evidence act 2006 no 69 as at 01 july 2019, public act. Record and evidence of participation policy and procedure. Evidence act 1995 no 25 status information currency of version historical version for 21 june 2011 to 8 december 2011 generated 19 december 2011 at 12. The victorian courts in particular the supreme court and court of appeal are rapidly accumulating case law that explores the provisions in the 2008 victorian. Where such retention is necessary, it is indicated during the discussion of the relevant provisions of the evidence act 1995 cth. Pel adopts the structure of the evidence act 2008 the act and the main focus is on chapter 3 of the act, which concerns the admissibility of evidence. May 23, 2010 hiding away in the evidence act, 2008 is an exception to the codified version of without prejudice privilege in s. Background paper similar fact and propensity evidence and. The evidence act 2008 vic is largely uniform with the evidence act 1995 cth, the evidence act 1995 nsw and the evidence act 2004 norfolk island. The relevant sections of the act are not reproduced, so read pel with a copy of the act at hand. Evidence may be given of facts in issue and relevant facts 6. Some key concepts in the evidence act 2008 for civl practitioners.
Laws of malaysia act 56 evidence act 1950 arrangement of sections part i relevancy chapter i preliminary section 1. In addition privilege does not apply to communications made. Section 57 provides that a coroner may require a person to give evidence despite that evidence being incriminating. Evidence reproduction of documents regulations 1993ceased.
Providing advice to child witnesses under section 18 evidence act 2008 the child witness service has developed this resource kit to assist legal practitioners to explain the concepts that s 18 evidence act 2008 encompasses, and to formalise the necessary processes that facilitate this. Jun 21, 2017 criminal law appeal against conviction identification evidence where victims identification of accused on photoboard admitted at trial where police conveyed to victim that photograph of suspect would be on photoboard where victim had made erroneous previous identification whether probative value of identification evidence outweighed by unfair prejudice to accused. The court may limit the use to be made of evidence if there is a danger that a particular use of the evidence might a be unfairly prejudicial to a party. Evidence act 2008 sect 6 general discretion to limit use.
This is a compilation of the evidence act 1995 that shows the text of the law as amended and in force on 1 may 2016 the compilation date. Whether evidence should have been excluded under s 7 of evidence act 2008 vic whether admission of identification evidence occasioned substantial miscarriage of justice. Tasmanian evidence act and the victorian evidence act are almost entirely uniform, it is acceptable to reference cases from any of the jurisdictions with the uniform legislation. Similar fact and propensity evidence and joint trials in australian. Evidence act with its variations is a stock short title used for legislation in australia, india, malaysia and the united kingdom relating to evidence.
Subsection 2h provides that the privilege does not apply if the communication or document is relevant to determining liability for costs. Transitional provisions for introduction of evidence act. Without prejudice privilege and the evidence act, 2008 the. Section 118 creates the privilege and states that the following are not to be admitted into evidence. All of these acts are based on the model uniform evidence bill, as endorsed by the then standing committee of attorneysgeneral in 2007. Outline of this act this act sets out the federal rules of evidence.
Evidence act 2008 sect 81 hearsay and opinion rulesexception for admissions and related representations 1 the hearsay rule and the opinion rule do not apply to evidence of an admission. Evidence act 2008 vic, using the word accused in place of defendant. Elizabeth ruddle c foleys list 205 william st melbourne, victoria, 3000. Page 5 terms and conditions october 2015 term definition and interpretation record means any document within the meaning of the evidence act 2008 vic, including. Provisions which are substantially equivalent include provisions that have minor drafting variations such as those required because an act is to operate in a. Evidence of the character, reputation or conduct of a person. Evidence act 2008 sect 6 general discretion to limit use of evidence. Evidence reproduction of documents revocation regulations 2008ceased. The old evidence act 1958 has been filleted and rebadged as the evidence miscellaneous provisions act 1958 but it remains an important source of evidence law in victoria. County criminal trial process county court of victoria. Freedom of information act 1982, health records act 2001 and evidence act 2008. References to sections and schedules and the dictionary are to those in the act unless.
The evidence act 2008 vic is largely uniform with the evidence act 1995. Rules for district criminal courts evidence act reciprocal procedures for obtaining evidence 1978ceased. Section 7, probative value and taking forensic science evidence at its highest gary edmond when determining probative value for the purposes of balancing the probative value of evidence against the danger of unfair prejudice to the accused, the high court has. Evidence act 2008 which apply to interpreters are taken to apply to an intermediary.
The queen v dickman 2017 hca 24 21 jun 2017 case number. Admissibility of expert evidence under the uniform evidence act. Charter of human rights and responsibilities act 2006 vic evidence act 2008 vic guidance to surveillance and privacy in the victorian public sector, published by the office of the victorian information commissioner may 2017 freedom of information act 1982 vic. Evidence act 2008 sect 81 hearsay and opinion rules. The evidence act 2008 vic is the principal act introducing uniform evidence law into victoria. Client legal privilege and michael stagg, public interest. One of the most important aspects of the uea is the discretion left to a judge to exclude evidence even if other tests are met where the probative value is. Introduction the commencement of the evidence act 2008 vic from 1 january 2010 will be a significant development for the law of evidence in this state and represents a critical step in the shift toward the uniformity of evidence legislation in australia. Without fettering a courts discretion in this regard, expert reports should be commissioned and prepared on the assumption that the court will so direct. Changes authorised by section 17c of the acts and regulations publication act 1989 have been made in this reprint a general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
Subsidiary legislation made under this act current versions. We would like to show you a description here but the site wont allow us. It is a key piece of legislation designed to protect the health of victorias population, with implications for. Davies collison cave legal professional privilege and. The public health and wellbeing act 2008 received royal assent in september 2008 and took effect on 1 january 2010. Providing advice to child witnesses under section 18. Those rights were not created by the charter afresh. Providing advice to child witnesses under section 18 evidence. Evidence act 2008 sect 8 exclusion of improperly or illegally obtained evidence 1 evidence that was obtained a improperly or in contravention of an australian law. The evidence act 2001 tas is also largely uniform with these acts but includes a number of departures. Jun 22, 2018 versions of this act includes consolidations, reprints and as passed versions.
Electronic transactions victoria regulations 2010 outlines exemptions for the use of an esignature in victoria. Jul 10, 2015 evidence national uniform legislation act 2011. Rules for local courts evidence act reciprocal procedures for obtaining evidence. Information about family violence including the definition under the act, behaviours that constitute family violence, evidencebased risk factors and presentations of risk for victim survivors across age groups, and across communities working with perpetrators of family violence, including the concepts of the predominant. Mr cahill noted that in a criminal context an accused is not a compellable witness and that a section 128 certificate would never be used in. Evidence act 2008 sect 8 exclusion of improperly or. Evidence act 2008 sect 110 evidence about character of an accused. The evidence act 2008 vic is largely uniform with the evidence act 1995 cth,1 the evidence act 1995 nsw and the evidence act 2004 norfolk island. In respect of almost all of these matters, what is required is the retention of existing evidentiary provisions contained in either the evidence act 1958 vic or the crimes act 1958 vic. Documents which require witnessing are not excluded from the intent of the victorian.
Exclusion of illegally or improperly obtained evidence. The clause also provides for the coroner to provide a certificate in respect of the evidence. Children, youth and families act 2005 family violence protection act 2008 personal safety intervention orders act 2010 crimes act 1958 criminal procedure act 2009 bail act 1977 magistrates court act 1989 evidence act 2008 all legislation of the state of victoria is available on victorian legislation and parliamentary documents website. Evidence act 2008 sect 110 evidence about character of an. Evidence acts govern the production of evidence at trial in vic, nsw, tas, and the act 2 and in the commonwealth courts 3. Note 4 at the end of this reprint provides a list of the amendments incorporated. Some key concepts in the evidence act 2008 for civl. The bill for an act with this short title will have been known as a evidence bill during its passage through parliament. Dec 10, 2008 an act to amend the law relating to evidence, and for other purposes assented to 4 december 2008 the parliament of australia enacts. Evidence act 2006 no 69 as at 01 october 2008, public act. Together, these acts are known as the uniform evidence acts the uea.
They reflect and reinforce rights in the criminal process that have been developed by. This act is administered by the ministry of justice. The act applies generally to victorian courts and is very. Admissibility of expert evidence under the uniform evidence act justice peter mcclellan introduction the evidence act 2008 vic will bring into operation in victoria the reforms to the law of evidence in both civil and criminal trials originally proposed by the australian law reform. Tendency evidence posthughes scott johns sc and christopher wareham holmes list barristers and gorman chambers 1. It is intended for legal practitioners as a continuing profession development tool. As required by regulation 7 of the evidence regulations, state. Human rights issues the charter includes a number of rights which are directly relevant to criminal procedure. Presumption chapter ii relevancy of facts general 5.
Evidence act 1995 nsw, evidence act 2001 tas, evidence act 2008 vic. Epas approach to legal professional privilege and the. This paper contains a discussion of some provisions of the evidence act 2008 vic. Relevancy of facts forming part of same transaction 7. The queen v dickman 2017 hca 24 high court of australia. Evidence act 2008 sect 110 evidence about character of. With the introduction of the evidence act 2008 the act, for the first time the differences in the rules of evidence relating to criminal and civil proceedings were clearly delineated the previous practical differences being swept up in interpretation and. Legislation on the nsw legislation website is usually updated within 3 working days. The thrust of them is that the new act applies to hearings which commence in 2010, but there is.
Section 57 is based on section 128 of the uniform evidence act, now applicable in victoria as the evidence act 2008. Provisions in force all the provisions displayed in this version of the legislation have commenced. Uniform evidence acts comparative tables attorneygenerals. The uniform evidence law the uniform evidence law now covers all australian jurisdictions except for queensland, south australia and western australia. Evidence act, 2008, vic freedom of information act, 1982, vic surveillance devices act, 1999, vic local government act, 1989, vic public records act, 1973, vic 8. Tendency and coincidence under the uniform evidence act. The notes at the end of this compilation the endnotes include information about amending laws and the amendment history of provisions of the compiled law. Criminal procedure act 2009 and the uniform evidence act offer through procedures such as summary case conferencing and early disclosure measures. Generally speaking, the act applies to proceedings in federal courts see section 4, but some provisions extend beyond such proceedings see note 2 to subsection 41. Uniform evidence acts comparative tables page content the downloadable tables below note where the provisions are substantially equivalent, substantially different, or where there are no equivalent sections in the evidence act 1995 cth, in comparison to the following acts. Police may not have to hold an identification parade or use a photo board if they are satisfied that the identifying witness has recognised the suspect on the basis of sufficient familiarity. With the introduction of the evidence act 2008 the act, for the first time the differences in the rules of evidence relating to criminal and civil proceedings were clearly delineated the previous practical differences being swept up in interpretation and application rather than the rules themselves.
377 53 221 182 159 1095 1537 637 978 1303 1598 456 542 463 103 14 582 692 114 1382 117 571 593 204 455 482 1521 333 713 1154 1275 932 209 1079 11 103 550 1037 1356 624 289 1029 739 199 1382 1301 344 1134 527 291