Uniform evidence act 2008 pdf

Provisions in force all the provisions displayed in this version of the legislation have commenced. The evidence act 2001 tas is also largely uniform with these acts but includes a number of departures. Uniform evidence acts comparative tables attorneygenerals. Admissibility of expert evidence under the uniform. 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. Review the evidence act nt and other laws of evidence which apply in the northern territory and advise. We will provide you with a separate implementation report in early 2006. The overwhelming majority of provisions in the uea. It was an attempt to further understanding of some challenging new legislation when information about it was difficult to find. 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. Short title 1 this act may be cited as the police and criminal evidence amendment act 2008. Evidence act 2008 came into force at the start of 2009. The uniform electronic evidence act twelve years later article pdf available in archivaria 70 january 2010 with 1,236 reads.

Uniform evidence law, december 2005 and it has been acted in s 1a. The vlrc also published an implementation report in february 2006. 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. Comment on failure to give evidence division 2oaths and affirmations 21. All victorian courts or tribunals that are obliged to apply the laws of evidence now apply the uea. 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. Some key concepts in the evidence act 2008 for civl.

Evidence national uniform legislation act nt parliament. The evidence act 2008 will apply to all proceedings both civil and criminal in all victorian courts. In this work, the large body of new law of evidence is presented in an accessible form. Pdf electronic records and the law of evidence in canada. Admissibility of expert evidence under the uniform evidence legislation 14. With a small number of exceptions, the evidence act 2008 implements the model uniform evidence bill. Tendency and coincidence under the uniform evidence act. 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. Part 1definitions defined wordterm in the cth act nsw vic tas act nt additional definition for act court. In 1995, new south wales enacted similar legislation. 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. This report made recommendations of a technical nature for the implementation of the model uniform evidence bill in victoria.

The evidence act 2001 tas is also largely uniform with these acts but there are a number of departures. Evidence act 2008 vic, using the word accused in place of defendant. 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. Tasmania, victoria, act and the northern territory have also now enacted uniform legislation. 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. In a letter dated 10 august 2005 you requested that the commission consider the recommendations of the office of. While these acts are in most respects identical to this act, there are differences. Chapter 1 nature of evidence law, the uniform evidence. 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.

Clause 3 definitions the expressions used in the dictionary at the end of the act have the meanings. 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. All of these acts are based on the model uniform evidence bill, as. The victorian parliament subsequently passed the and it. Authorised by the act parliamentary counselalso accessible at. Legislation on the nsw legislation website is usually updated within 3 working days. Uniform evidence bill taking into account the amendments proposed by the law reform commissions.

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. Background to uniform evidence law in australia the movement towards a unified evidence regime across australia has been a long, and welldocumented, one. The evidence that is relevant in a proceeding is evidence that, if it were. As is the case under the common law, expert evidence is admissible under the uniform evidence legislation only if it is relevant. 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. 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. 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. Sworn evidence of witnesses to be on oath or affirmation 22.

This act may be cited as the statutes amendment evidence and procedure act 2008. This legislation is affected by amending provisions that have not yet come into operation or taken effect. This blog was started back when the evidence act 2008 was nothing more than a gleam in parliaments eye. Only amendments that have commenced are incorporated. The uniform evidence acts victorian evidence act 2008. Together, these acts are known as the uniform evidence acts the uea. 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. 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. Legislation evidence law libguides at the australian. The explanatory memorandum to the civil law and justice legislation amendment bill 2014 includes a. This locator links to state evidence codes that correspond to the uniform rules of evidence. The uniform evidence law the uniform evidence law now covers all australian jurisdictions except for queensland, south australia and western australia. 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. Evidence act 2008 sect 43 prior inconsistent statements.

All of these acts are based on the model uniform evidence bill, as endorsed by the then standing committee of attorneysgeneral in 2007. 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 1995 no 25 status information currency of version historical version for 21 june 2011 to 8 december 2011 generated 19 december 2011 at 12. Alrc report 102 nswlrc report 112 vlrc final report.