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
| Jurisdiction | Act |
|---|---|
| Commonwealth (federal courts) | Evidence Act 1995 (Cth) |
| New South Wales | Evidence Act 1995 (NSW) |
| Tasmania | Evidence Act 2001 (Tas) |
| Victoria | Evidence Act 2008 (Vic) |
| Australian Capital Territory | Evidence Act 2011 (ACT) |
| Northern Territory | Evidence (National Uniform Legislation) Act 2011 (NT) |
| Norfolk Island | Evidence Act 2004 (NI) |
| Queensland | Not adopted: Evidence Act 1977 (Qld) |
| Western Australia | Not adopted: Evidence Act 1906 (WA) |
| South Australia | Not adopted: Evidence Act 1929 (SA) |
How the Acts are structured
| Chapter | Subject |
|---|---|
| Chapter 1 | Preliminary: application and definitions |
| Chapter 2 | Adducing evidence: witnesses, documents and other evidence |
| Chapter 3 | Admissibility of evidence: relevance, hearsay, opinion, admissions, tendency and coincidence, credibility, character, identification, privileges and discretions |
| Chapter 4 | Proof: judicial notice, facilitation of proof, standard of proof, corroboration and warnings |
| Chapter 5 | Miscellaneous |
| Dictionary | Definitions used throughout the Act |
Sections practitioners use most
| Section | Rule | Leading High Court authority |
|---|---|---|
| ss 55 and 56 | Relevance; relevant evidence is admissible unless excluded | Smith v The Queen [2001] HCA 50 |
| s 59 | The hearsay rule | Lee v The Queen [1998] HCA 60 |
| ss 76 and 79 | The opinion rule and the exception for specialised knowledge | Dasreef Pty Ltd v Hawchar [2011] HCA 21 |
| ss 97 and 98 | Tendency and coincidence evidence | Hughes v The Queen [2017] HCA 20 |
| s 101 | Further restrictions on tendency and coincidence evidence adduced by the prosecution | |
| ss 118 to 120, 131A | Client 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 137 | General discretions to exclude or limit evidence | IMM v The Queen [2016] HCA 14 |
| s 138 | Improperly or illegally obtained evidence | Kadir v The Queen [2020] HCA 1 |
| s 140 | Civil standard of proof | See the Briginshaw principle |
| s 165 | Unreliable 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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