Evidence Act 2011

The court (including, if there is a jury, the jury) may draw any reasonable inference from what it sees, hears or otherwise notices during a demonstration, experiment or inspection.

Chapter 3 Admissibility of evidence

Note This chapter is about whether evidence presented in a proceeding is admissible.

 Pt 3.1 sets out the general inclusionary rule that relevant evidence is admissible.

 Pt 3.2 is about the exclusion of hearsay evidence, and exceptions to the hearsay rule.

 Pt 3.3 is about exclusion of opinion evidence, and exceptions to the opinion rule.

 Pt 3.4 is about admissions and the extent to which they are admissible as exceptions to the hearsay rule and the opinion rule.

 Pt 3.5 is about exclusion of certain evidence of judgments and convictions.

 Pt 3.6 is about exclusion of evidence of tendency or coincidence, and exceptions to the tendency rule and the coincidence rule.

 Pt 3.7 is about exclusion of evidence relevant only to credibility, and exceptions to the credibility rule.

 Pt 3.8 is about character evidence and the extent to which it is admissible as exceptions to the hearsay rule, the opinion rule, the tendency rule and the credibility rule.

 Pt 3.9 is about the requirements that must be satisfied before identification evidence is admissible.

 Pt 3.10 is about the various categories of privilege that may prevent evidence being presented.

 Pt 3.11 provides for the discretionary and mandatory exclusion of evidence even if it would otherwise be admissible.

The following diagram shows how this chapter applies to particular evidence:

Is the evidence relevant? (See pt 3.1).

►

THE

EVIDENCE IS

NOT

ADMISSIBLE

No

▼

Yes

Does the hearsay rule apply? (See pt 3.2. See also pt 3.4 on admissions and pt 3.8 on character evidence.)

►

Yes

▼

No

Does the opinion rule apply? (See pt 3.3.

See also pt 3.4 on admissions and pt 3.8 on character evidence.)

►

Yes

▼

No

Does the evidence contravene the rule about evidence of judgments and convictions? (See pt 3.5.)

►

Yes

▼

No

Does the tendency rule or the coincidence rule apply? (See pt 3.6. See also pt 3.8 on character evidence.)

►

Yes

▼

No

Does the credibility rule apply? (See pt 3.7. See also pt 3.8 on character evidence.)

►

Yes

▼

No

Does the evidence contravene the rules about identification evidence? (See pt 3.9.)

►

Yes

▼

No

Does a privilege apply? (See pt 3.10.)

►

Yes

▼

No

Should the evidence be excluded or must it be excluded? (See pt 3.11.)

▼

►

Yes

No

THE EVIDENCE IS ADMISSIBLE

Part 3.1 Relevance