Evidence · Legislation

Uniform evidence law in Australia

Most Australian jurisdictions share a largely identical evidence statute, known as the uniform evidence law. Because the section numbers match, a decision on s 79 in one jurisdiction is usually directly useful in another.

Last updated 9 November 2026

In short

  • The uniform Acts apply in Commonwealth courts, New South Wales, Victoria, Tasmania, the ACT and the Northern Territory.
  • Queensland, Western Australia and South Australia have their own evidence statutes, with the common law filling the gaps.
  • Section numbering is shared, so authority on a section in one jurisdiction is usually persuasive in the others.
  • The Acts grew out of Australian Law Reform Commission work, most recently its 2005 report Uniform Evidence Law (ALRC Report 102).

Where the uniform Acts apply

JurisdictionAct
Commonwealth (federal courts)Evidence Act 1995 (Cth)
New South WalesEvidence Act 1995 (NSW)
TasmaniaEvidence Act 2001 (Tas)
VictoriaEvidence Act 2008 (Vic)
Australian Capital TerritoryEvidence Act 2011 (ACT)
Northern TerritoryEvidence (National Uniform Legislation) Act 2011 (NT)
Norfolk IslandEvidence Act 2004 (NI)
QueenslandNot adopted: Evidence Act 1977 (Qld)
Western AustraliaNot adopted: Evidence Act 1906 (WA)
South AustraliaNot adopted: Evidence Act 1929 (SA)

How the Acts are structured

ChapterSubject
Chapter 1Preliminary: application and definitions
Chapter 2Adducing evidence: witnesses, documents and other evidence
Chapter 3Admissibility of evidence: relevance, hearsay, opinion, admissions, tendency and coincidence, credibility, character, identification, privileges and discretions
Chapter 4Proof: judicial notice, facilitation of proof, standard of proof, corroboration and warnings
Chapter 5Miscellaneous
DictionaryDefinitions used throughout the Act

Sections practitioners use most

SectionRuleLeading High Court authority
ss 55 and 56Relevance; relevant evidence is admissible unless excludedSmith v The Queen [2001] HCA 50
s 59The hearsay ruleLee v The Queen [1998] HCA 60
ss 76 and 79The opinion rule and the exception for specialised knowledgeDasreef Pty Ltd v Hawchar [2011] HCA 21
ss 97 and 98Tendency and coincidence evidenceHughes v The Queen [2017] HCA 20
s 101Further restrictions on tendency and coincidence evidence adduced by the prosecution
ss 118 to 120, 131AClient legal privilege; s 131A extends it to pre-trial disclosure (not in the Commonwealth Act)Esso Australia Resources Ltd v Commissioner of Taxation [1999] HCA 67 (the common law dominant purpose test)
ss 135 to 137General discretions to exclude or limit evidenceIMM v The Queen [2016] HCA 14
s 138Improperly or illegally obtained evidenceKadir v The Queen [2020] HCA 1
s 140Civil standard of proofSee the Briginshaw principle
s 165Unreliable evidence warnings

The common law still matters

The Acts do not displace the common law entirely. Section 9 preserves common law principles unless the Act provides otherwise, and the principle in Jones v Dunkel continues to operate in uniform Act jurisdictions. In non-uniform jurisdictions the common law rules of evidence carry more weight, alongside each local statute.

Frequently asked questions

Which states have the uniform Evidence Act?

New South Wales, Victoria, Tasmania, the ACT and the Northern Territory, together with the Commonwealth. Queensland, Western Australia and South Australia have not adopted it.

Is the Evidence Act 1995 (Cth) the same as the NSW Act?

They are substantially the same and share section numbering, though there are some differences in application and wording.

What is the hearsay rule under the Evidence Act?

Section 59 provides that evidence of a previous representation made by a person is not admissible to prove the existence of a fact that it can reasonably be supposed the person intended to assert by the representation, subject to exceptions in Part 3.2 and elsewhere in the Act.

Sources

General information, not legal advice. See our editorial policy for how this page is sourced and reviewed, and how to report an error.

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