Evidence Act 2025

For the purposes of this Act, a person is taken not to be available to give evidence about a fact if —

the person is dead; or

the person is, for any reason other than the application of section 26, not competent to give the evidence; or

the person is mentally or physically unable to give the evidence and it is not reasonably practicable to overcome that inability; or

the person objects to giving the evidence under section 28 and that objection is upheld; or

it would be unlawful for the person to give the evidence; or

a provision of this Act prohibits the evidence being given; or

all reasonable steps have been taken, by the party seeking to prove the person is not available, to find the person or secure the person’s attendance, without success; or

all reasonable steps have been taken, by the party seeking to prove the person is not available, to compel the person to give the evidence, without success.

In all other cases, the person is taken to be available to give evidence about the fact.

In deciding whether a person is not available to give evidence under subsection (1)(b) or (c), a court may inform itself as it thinks fit.