Law and Justice Legislation Amendment Act 1997 (34 of 1997)

Schedule 6   Amendment of the Evidence Act 1995

11   At the end of Part 3.7

Add:

108A Admissibility of evidence of credibility of person who has made a previous representation

(1) If:

(a) because of a provision of Part 3.2, the hearsay rule does not apply to evidence of a previous representation; and

(b) evidence of the representation has been admitted; and

(c) the person who made the representation has not been called, and will not be called, to give evidence in the proceeding;

evidence that is relevant only to the credibility of the person who made the representation is not admissible unless the evidence has substantial probative value.

(2) Without limiting the matters to which the court may have regard in deciding whether the evidence has substantial probative value, it is to have regard to:

(a) whether the evidence tends to prove that the person who made the representation knowingly or recklessly made a false representation when the person was under an obligation to tell the truth; and

(b) the period that elapsed between the doing of the acts or the occurrence of the events to which the representation related and the making of the representation.