Where a witness is unavailable and their previous representation recounts statements made to them by another person, ss 65(2)(b) and (c) of the Evidence Act 2008 (Vic) can only be used to prove that the other person made the statements, not the truth of the content of those statements. The first-hand hearsay requirement in s 62 means that the unavailable witness must have had personal knowledge of the asserted fact, and knowledge derived from a previous representation by another person does not satisfy this requirement.
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