Exceptions to the hearsay rule dependent on competency
61 Exceptions to the hearsay rule dependent on competency
This part does not enable use of a previous representation to prove the existence of an asserted fact if, when the representation was made, the person who made it was not competent to give evidence about the fact because of section 13 (1) (Competence—lack of capacity).
This section does not apply to a contemporaneous representation made by a person about the person’s health, feelings, sensations, intention, knowledge or state of mind.
Note For the admissibility of contemporaneous representations, see s 66A.
For this section, it is presumed, unless the contrary is proved, that when the representation was made the person who made it was competent to give evidence about the asserted fact.
Division 3.2.2 First-hand hearsay
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