Evidence Act 1906

Subject to subsection (2), in any proceedings where direct oral evidence of a fact or opinion would be admissible, any statement in a document and tending to establish the fact or opinion shall, on production of the document, be admissible as evidence of that fact or opinion if the statement —

was made by a qualified person; or

directly or indirectly reproduces or is derived from one or other or both of the following —

information in one or more statements, each made by a qualified person;

information from one or more devices designed for, and used for the purpose of, recording, measuring, counting or identifying information, not being information based on a statement made by any person.

Where a statement referred to in subsection (1) is made by a qualified person or reproduces or is derived from information in a statement made by a qualified person, that person must be called as a witness unless —

he is dead; or

he is unfit by reason of his bodily or mental condition to attend or give evidence as a witness; or

he is out of the State and it is not reasonably practicable to secure his attendance; or

all reasonable efforts to identify or find him have been made without success; or

no party to the proceedings who would have the right to cross‑examine him requires him to be called as a witness; or

having regard to the time which has elapsed since he made the statement and to all the circumstances, he cannot reasonably be expected to have any recollection of the matters dealt with in the statement; or

having regard to all the circumstances of the case, undue delay, inconvenience or expense would be caused by calling him as a witness; or

he refuses to give evidence.

Notwithstanding subsections (1) and (2), in any proceedings where direct oral evidence of a fact or opinion would be admissible, any statement in a document and tending to establish the fact or opinion shall, on production of the document, be admissible as evidence of that fact or opinion if —

the statement is, or directly or indirectly reproduces, or is derived from, a business record; and

the court is satisfied that the business record is a genuine business record.

Where a statement referred to in subsection (2a) is made by a qualified person that person shall not be called as a witness unless the court orders otherwise.

This section makes a statement admissible notwithstanding —

the rules against hearsay; or

the rules against secondary evidence of the contents of a document; or

that the person who made the statement or the person who made a statement from which the information in the statement is reproduced or derived is a witness in the proceedings, whether or not he gives evidence consistent or inconsistent with the statement; or

that the statement is in such a form that it would not be admissible if given as oral evidence,

Notwithstanding subsections (1), (2) and (2a), in any criminal proceedings a statement in a document which was made in the course of or for the purpose of —

the investigation of facts constituting or being constituents of the alleged offence being dealt with in the proceedings; or

an investigation which led to the discovery of facts constituting or being constituents of the alleged offence; or

the preparation of a defence to a charge for any offence; or

the preparation of the case of the prosecution in respect of any offence,

For the purposes of this section a court may —

for the purpose of deciding whether or not a statement is admissible as evidence, draw any reasonable inference from the form or contents of the document in which the statement is contained, or from any other circumstances;

in deciding whether or not a person is fit to attend or give evidence as a witness, act on a certificate purporting to be the certificate of a registered medical practitioner.

For the purposes of this section a court may, in its discretion, reject a statement notwithstanding that the requirements of this section are satisfied with respect thereto, if the court is of the opinion that the probative value of the statement is outweighed by the consideration that its admission or the determination of its admissibility —

may necessitate undue consumption of time; or

may create undue prejudice, confuse the issues, or in proceedings with a jury mislead the jury.