Evidence (National Uniform Legislation) Act 2011

Notes for section 76

Specific exceptions to the opinion rule are as follows:

 summaries of voluminous or complex documents (section 50(3))

 evidence relevant otherwise than as opinion evidence (section 77)

 lay opinion (section 78)

 Aboriginal and Torres

Strait Islander traditional laws and customs (section 78A)

 expert opinion (section 79)

 admissions (section 81)

 exceptions to the rule excluding evidence of judgments and convictions (section 92(3))

 character of and expert opinion about accused persons (sections 110 and 111).

Other provisions of this Act, or of other laws, may operate as further exceptions.

Examples for section 76

1 P sues D, her doctor, for the negligent performance of a surgical operation. Unless an exception to the opinion rule applies, P's neighbour, W, who had the same operation, cannot give evidence of his opinion that D had not performed the operation as well as his own.

2 P considers that electrical work that D, an electrician, has done for her is unsatisfactory. Unless an exception to the opinion rule applies, P cannot give evidence of her opinion that D does not have the necessary skills to do electrical work.