Exceptions to hearsay rule – notices of previous representations
4 Exceptions to hearsay rule – notices of previous representations
This regulation is made for the purposes of section 67 of the Act.
A notice of previous representation must state – subject to subregulation (6), the substance of evidence of a previous representation that the notifying party intends to adduce; and the substance of all other relevant representations made by the person who made that previous representation, so far as they are known to the notifying party; and particulars of – the date, time, place and circumstances at or in which each of the representations mentioned in paragraph (a) or (b) was made; and the names of the persons by whom, and the persons to whom, each of those representations was made; and in a civil proceeding, the address of each person so named, so far as they are known to the notifying party.
If a notifying party intends to rely on – section 63(2)(a) or (b) of the Act; or section 65(2)(a), (b), (c) or (d) of the Act; or section 65(3)(a) or (b) of the Act; or section 65(8)(a) or (b) of the Act – the party’s notice of previous representation must state particulars of the facts that the party will rely on to establish that a person who made a representation referred to in the notice is not available to testify.
If a notifying party intends to rely on section 64(2)(a) or (b) of the Act, the party’s notice of previous representation must state particulars of the facts that the party will rely on to establish the grounds specified in section 64(2) of the Act.
If a notice of previous representation refers to a previous representation that is in writing – a copy of the document, or of the relevant portion of the document, containing the representation must be attached to the notice; and the notice must identify the document unless – a copy of the document is attached to the notice; and the identity of the document is apparent on the face of the copy.
If a copy of a document, or of a portion of a document, is attached to a notice of previous representation, it is a sufficient compliance for the purposes of subregulation (2)(a) to specify in the notice, or in the copy of a document or portion of a document attached to the notice, the representation evidence of which the notifying party intends to adduce.
On the application of a party in a criminal proceeding, the court may make an order directing the notifying party to disclose the address of any person named in a notice given under this regulation by whom, or to whom, a representation referred to in the notice was made.
The direction may be given on such terms as the court thinks fit.
In this regulation – notice of previous representation means a notice given under section 67(1).
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