Purpose the purpose of this act is to make fresh provision for the law of evidence that is uniform with commonwealth and new south wales law. Evidence act 2008 sect 48 proof of contents of documents. Evidence act 2008 sect 69 exceptionbusiness records 1 this section applies to a document that a either i is or forms part of the records belonging to or kept by a person, body or organisation in the course of, or for the purposes of, a business. Textbooks buy textbooks sell textbooks textbook buyback book alerts my listings faq. Sworn evidence of witnesses to be on oath or affirmation 22.
The evidence act 2008 vic is largely uniform with the evidence act 1995. Exclusion of prejudicial evidence in criminal proceedings in a criminal proceeding, the court must refuse to admit evidence adduced by the prosecutor if its probative value is outweighed by the danger of unfair prejudice to the defendant. Evidence act 2008 sect 110 evidence about character of. This blog was started back when the evidence act 2008 was nothing more than a gleam in parliaments eye. Text created by the government department responsible for the subject matter of the act to explain what the act sets out to achieve and to make the act accessible to readers who are not legally qualified. Admissibility of tendency and coincidence under the uniform evidence act justice r a hulme 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. Elizabeth ruddle c foleys list 205 william st melbourne, victoria, 3000. The evidence act 1995 cth provided a comprehensive law of evidence to apply in federal courts and, with the agreement of the australian capital territory, in the courts of the act.
Transitional provisions for introduction of evidence act. In 1995, new south wales enacted similar legislation. Tendency and coincidence under the uniform evidence act. 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 178 convictions, acquittals and. Evidence act 2008 sect 191 agreements as to facts 1 in this section, agreed fact means a fact that the parties to a proceeding have agreed is not, for the purposes of the proceeding, to be disputed.
The evidence act 2001 tas is also largely uniform with these acts but there are a number of departures. 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. Parliamentary documents victorian statute book victorian law today. Tasmania, victoria, act and the northern territory have also now enacted uniform legislation. Evidence act 2008 vic, using the word accused in place of defendant. Evidence act 1995 nsw evidence act 2008 vic evidence act 2001 tas evidence act 2011 act. We would like to show you a description here but the site wont allow us. 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. Evidence is not to be adduced if, on objection by a client, the court finds that adducing the evidence would result in disclosure of a a confidential communication between the client and another person, or between a lawyer acting for the client and another person, that was made. 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. It is intended for legal practitioners as a continuing profession development tool. The queen v dickman 2017 hca 24 high court of australia. Evidence act 2008 sect 178 convictions, acquittals and other judicial proceedings evidence act 2008 sect 178 convictions, acquittals and other judicial proceedings 1 this section applies to the following facts a the conviction or acquittal before or by an applicable court of a. Comment on failure to give evidence division 2oaths and affirmations 21.
Evidence act 2008 vic evidence act 2008 vic legislation sell your copy of this textbook members reported this textbook was used for. Providing advice to child witnesses under section 18. This paper contains a discussion of some provisions of the evidence act 2008 vic. Evidence act 2008 sect 81 hearsay and opinion rules. Evidence act 2008 sect 48 proof of contents of documents 1 a party may adduce evidence of the contents of a document in question by tendering the document in question or by any one or more of the following methods a adducing evidence of an admission made by another party to the proceeding as to the contents of the document in question.
The evidence act 2008 was assented to on 15 september 2008 and came into operation as follows. Family violence protection act 2008 table of provisions preamble part 1preliminary 1. Evidence act 2008 sect 69 exceptionbusiness records. Exclusion of visual identification evidence 1 in this section, visual identification evidence means identification evidence relating to an identification based wholly or partly on what a person saw but does not include picture identification evidence. Some key concepts in the evidence act 2008 for civl.
Since then, many authors and luminaries have turned their minds to the complex issues the act obliges victorian lawyers to engage with. A blog devoted exclusively to this one piece of legislation isnt necessary, and is impossible for us to give the attention it deserves. Evidence act 2006 no 69 as at 01 october 2008, public. The long title for the bill for this act was a bill for an act about the law of evidence and for other purposes. The uniform evidence law the uniform evidence law now covers all australian jurisdictions except for queensland, south australia and western australia. 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. The queen v dickman 2017 hca 24 21 jun 2017 case number. Identification evidence may therefore be given in relation to any person, whether he or she is the accused or not, as well as in relation to objects jury directions act 2015 s35.
The thrust of them is that the new act applies to hearings which commence in 2010, but there is. Version incorporating amendments as at 22 june 2011. Remoral of incapacity to tstity from crime or mteresr 3. Legislation evidence law libguides at the australian. Of course, while uniformity of legislation across the australian jurisdictions is the ideal. Evidence act 2008 sect 110 evidence about character of an accused. Uniform evidence acts comparative tables attorneygenerals. 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. 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. Evidence act 2008 sect exclusion of evidence of matters of state 1 if the public interest in admitting into evidence information or a document that relates to matters of state is outweighed by the public interest in preserving secrecy or confidentiality in relation to the information or document, the court may direct that the information or document not be adduced as evidence. Whether evidence should have been excluded under s 7 of evidence act 2008 vic whether admission of identification evidence occasioned substantial miscarriage of justice. Victorian charter of human rights and responsibility act 2008. It was an attempt to further understanding of some challenging new legislation when information about it was difficult to find. Published in melbourne by the judicial college of victoria.
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