Evidence Act 2011

This section applies to a document that—

either—

is or forms part of a record belonging to or kept by an entity in the course of, or for the purposes of, a business; or

at any time was or formed part of the record; and

contains a previous representation made or recorded in the document in the course of, or for the purposes of, the business.

The hearsay rule does not apply to the document (so far as it contains the representation) if the representation was made—

by a person who had or might reasonably be supposed to have had personal knowledge of the asserted fact; or

on the basis of information directly or indirectly supplied by a person who had or might reasonably be supposed to have had personal knowledge of the asserted fact.

Subsection (2) does not apply if the representation—

was prepared or obtained for the purpose of conducting, or for or in contemplation of or in connection with, an Australian or overseas proceeding; or

was made in connection with an investigation relating or leading to a criminal proceeding.

If—

the happening of an event of a particular kind is in question; and

in the course of a business, a system has been followed of making and keeping a record of the happening of all events of that kind;

the hearsay rule does not apply to evidence that tends to prove that there is no record kept, in accordance with the system, of the happening of the event.

For this section, a person is taken to have had personal knowledge of a fact if the person’s knowledge of the fact was or might reasonably be supposed to have been based on what the person saw, heard or otherwise perceived (other than a previous representation made by a person about the fact).

Note 1 Sections 48, 49, 50, 146, 147 and 150 (1) are relevant to the mode of proof, and authentication, of business records.

Note 2 The Commonwealth Act, s 182 gives the Commonwealth Act, s 69 a wider application in relation to Commonwealth records.