Evidence Act 2011

Evidence of the reasons for a decision made by a person who is—

a judge in an Australian or overseas proceeding; or

an arbitrator in relation to a dispute that has been submitted to the person, or to the person and 1 or more other people, for arbitration;

or the deliberations of the person in relation to the decision, must not be given by the person, or a person who was, in relation to the proceeding or arbitration, under the direction or control of the person.

Also, the evidence must not be given by tendering as evidence a document prepared by the person.

This section does not prevent the admission or use, in a proceeding, of published reasons for a decision.

In a proceeding, evidence of the reasons for a decision made by a member of a jury in another Australian or overseas proceeding, or of the deliberations of a member of a jury in relation to the decision, must not be given by any of the jury members.

This section does not apply in a proceeding that is—

a prosecution for 1 or more of the following offences:

an offence against or arising under the Criminal Code 2002, sections 707 to 709 or section 713;

an offence against or arising under the Juries Act 1967, section 42BA or section 43;

an offence connected with an offence mentioned in subparagraph (i) or (ii), including an offence of conspiring to commit the offence; or

in relation to a contempt of a court; or

an appeal from, or judicial review of, a judgment, decree, order or sentence of a court; or

a review of an arbitral award; or

a civil proceeding in relation to an act of a judicial officer or arbitrator that was, and that was known at the time by the judicial officer or arbitrator to be, outside the scope of the matters in relation to which the judicial officer or arbitrator had authority to act.

Note Subsection (5) (a) differs from the Commonwealth Act, s 129 (5) (a).