Exception: evidence relevant for a non‑hearsay purpose
60 Exception: evidence relevant for a non‑hearsay purpose
The hearsay rule does not apply to evidence of a previous representation that is admitted because it is relevant for a purpose other than proof of an asserted fact.
This section applies whether or not the person who made the representation had personal knowledge of the asserted fact (within the meaning of subsection 62(2)).
Subsection (2) was inserted as a response to the decision of the High Court of Australia in Lee v The Queen (1998) 195 CLR 594.
However, this section does not apply in a criminal proceeding to evidence of an admission.
The admission might still be admissible under section 81 as an exception to the hearsay rule if it is “first‑hand” hearsay: see section 82.
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