Reliability of expert scientific evidence is not a criterion of admissibility under s 79(1) of the Evidence Act 2008 (Vic); it falls to be assessed under s 137 as part of the probative value/unfair prejudice balancing exercise. The touchstone of reliability for scientific evidence under s 137 is proof of appropriate validation — both of the underlying science (where necessary) and of the particular methodology employed. Proof of general acceptance in the relevant scientific community is not a necessary condition of reliability. A person's knowledge may qualify as 'specialised knowledge' under s 79(1) even if the area of knowledge is novel or the inferences drawn have not been tested or accepted by others, provided the knowledge is based on the person's training, study or experience.
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