In this work, the large body of new law of evidence is presented in an accessible form. 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. The uniform evidence acts victorian evidence act 2008. This blog was started back when the evidence act 2008 was nothing more than a gleam in parliaments eye. 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. This act is in most respects uniform with the evidence act 1995 cth, the evidence. This locator links to state evidence codes that correspond to the uniform rules of evidence. With the introduction of the evidence act 2008 the act, for the first time the. Provisions which are substantially equivalent include provisions that have minor drafting variations such as those required because an act is to operate in a jurisdiction that is not the.
Uniform evidence acts comparative tables attorneygenerals. Uniform evidence law, december 2005 and it has been acted in s 1a. Provisions in force all the provisions displayed in this version of the legislation have commenced. All of these acts are based on the model uniform evidence bill, as. 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.
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. Evidence national uniform legislation act nt parliament. Sworn evidence of witnesses to be on oath or affirmation 22. 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. Together, these acts are known as the uniform evidence acts the uea. Evidence act 2008 vic, using the word accused in place of defendant. Legislation evidence law libguides at the australian.
In 1995, the commonwealth and new south wales each enacted an evidence act based on the draft bill included in the australian law reform commissions report titled evidence alrc 38. The evidence act 2008 vic is the principal act introducing uniform evidence law into victoria. The explanatory memorandum to the civil law and justice legislation amendment bill 2014 includes a. This is a draft bill based on the nsw evidence act 1995, as amended by the evidence amendment bill 2007, prepared by the parliamentary counsels committee and endorsed by the standing committee of attorneysgeneral on 26 july 2007, a nd as amended by model provisions that the committee agreed to include in the model uniform evidence bill. In a letter dated 10 august 2005 you requested that the commission consider the recommendations of the office of. The vlrc also published an implementation report in february 2006. Legislation on the nsw legislation website is usually updated within 3 working days. Be it enacted by the queens most excellent majesty, by and with the advice and consent of the senate and the house of assembly of bermuda, and by the authority of the same, as follows. Pocket evidence law analyses the operation of uniform evidence law uel in criminal. Only amendments that have commenced are incorporated.
This legislation is affected by amending provisions that have not yet come into operation or taken effect. The evidence act 2001 tas is also largely uniform with these acts but there are a number of departures. Christie, section 7 and forensic science evidence after dupas v the queen and r v xyy gary edmond, david hamer, andrew ligertwood and mehera san roque i introduction this article addresses the implications of dupas v the queen 1 andd r v xyy2 for the handling of expert evidence under s 7 of the uniform evidence law uel. 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. Australian law reform commission report no 102, new south wales law reform commission report no 112, victorian law reform commission final report, uniform evidence law, december 2005 7. The evidence act 2001 tas is also largely uniform with these acts but includes a number of departures. With a small number of exceptions, the evidence act 2008 implements the model uniform evidence bill. 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.
The uniform electronic evidence act twelve years later article pdf available in archivaria 70 january 2010 with 1,236 reads. Clause 3 definitions the expressions used in the dictionary at the end of the act have the meanings. The uniform evidence law the uniform evidence law now covers all australian jurisdictions except for queensland, south australia and western australia. The evidence that is relevant in a proceeding is evidence that, if it were.
The evidence act 2008 will apply to all proceedings both civil and criminal in all victorian courts. The paper 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. As is the case under the common law, expert evidence is admissible under the uniform evidence legislation only if it is relevant. The purpose of the act is to make the northern territorys law of evidence uniform with commonwealth, act, new south wales, tasmanian, norfolk island and victorian evidence law. Part 1definitions defined wordterm in the cth act nsw vic tas act nt additional definition for act court. Uniform evidence act evidence act vic 2008 background until 2008 evidence law in victoria used to be derived from common law it came from what judges said in landmark decisions in relation to what was in and what was out this was confusing an counterintuitive now uea. Admissibility of expert evidence under the uniform. As discussed in chapter 1, although there were hopes when the evidence act 1995 cth was passed that this would lead to uniform legislation throughout australia, this has not yet occurred. The earlier 1974 version, with amendments, is still the basis of the rules in a number of states since the federal rules of evidence fre are quite similar to the uniform rules of evidence it also links to them.
Short title 1 this act may be cited as the police and criminal evidence amendment act 2008. We will provide you with a separate implementation report in early 2006. Authorised by the act parliamentary counselalso accessible at. Evidence act 2008 sect 43 prior inconsistent statements. Pdf electronic records and the law of evidence in canada. Review the evidence act nt and other laws of evidence which apply in the northern territory and advise. All victorian courts or tribunals that are obliged to apply the laws of evidence now apply the uea.
Some key concepts in the evidence act 2008 for civl. Background to uniform evidence law in australia the movement towards a unified evidence regime across australia has been a long, and welldocumented, one. 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. This report made recommendations of a technical nature for the implementation of the model uniform evidence bill in victoria. 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. Evidence act 2008 sect 43 prior inconsistent statements of witnesses 1 a witness may be crossexamined about a prior inconsistent statement alleged to have been made by the witness whether or not a complete particulars of the statement have been given to the witness. The explanatory memorandum to the civil law and justice legislation amendment bill 2014 includes a table setting out the differences as at 8 july 2014. Uniform evidence bill taking into account the amendments proposed by the law reform commissions. It was an attempt to further understanding of some challenging new legislation when information about it was difficult to find. Evidence act 2001 tas is located in sections 33d instead of at the end of the act. All of these acts are based on the model uniform evidence bill, as endorsed by the then standing committee of attorneysgeneral in 2007. While these acts are in most respects identical to this act, there are differences. Evidence act 2008 vic evidence act 2001 tas evidence act 2011 act evidence national uniform legislation act 2011 nt. Comment on failure to give evidence division 2oaths and affirmations 21.
Chapter 1 nature of evidence law, the uniform evidence. The overwhelming majority of provisions in the uea. 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 evidence act. The victorian parliament subsequently passed the and it. 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. Admissibility of expert evidence under the uniform evidence legislation 14. Tasmania, victoria, act and the northern territory have also now enacted uniform legislation. Tendency and coincidence under the uniform evidence act. Evidence act 2008 came into force at the start of 2009. This act may be cited as the statutes amendment evidence and procedure act 2008. Alrc report 102 nswlrc report 112 vlrc final report. In 1995, new south wales enacted similar legislation.
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