Evidence Act 1905
No. 4, 1905
Compilation No. 5
Compilation date: 18 April 1995
Includes amendments up to: Act No. 3, 1995
Registered: 25 January 2023
About this compilation
This compilation
This is a compilation of the Evidence Act 1905 that shows the text of the law as amended and in force on 18 April 1995 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
An Act relating to the Law of Evidence
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law…
Overview
The Evidence Act 1905 was enacted by the Parliament of Australia to establish the law of evidence in Australian courts. This Act aimed to address the need for a unified set of rules governing the admissibility and relevance of evidence in legal proceedings. The Act has undergone several amendments over the years to modernise the rules and adapt to changing societal needs and technological advancements. It serves as the foundational statute for evidence law in Australia, ensuring consistency and fairness in the judicial process. The overarching policy objective of the Evidence Act 1905 is to promote the fair administration of justice by establishing clear and equitable rules for the presentation of evidence in courts, ensuring that the truth is effectively and justly determined.
Scope and Application
The Evidence Act 1905 governs the admissibility of evidence in Commonwealth courts and in any federal proceedings in state and territory courts, including proceedings in the Federal Circuit and Family Court of Australia. The Act applies to all persons involved in legal proceedings in these courts, including defendants, plaintiffs, witnesses, and legal practitioners. The legislation provides a comprehensive framework for the rules of evidence, including the admissibility, relevance, and weight of evidence, while also addressing issues such as hearsay, opinion evidence, and the competency and compellability of witnesses. The Act has been subject to numerous amendments over the years, with the current compilation reflecting amendments up until Act No. 3, 1995. The scope and application of the Act can be further refined through subordinate instruments, which may provide additional rules, guidelines, or exceptions to the general provisions of the Act. Notably, certain types of evidence, such as evidence obtained through illegal searches or interrogations, may be excluded from consideration under the Act.
Key Provisions
- The Evidence Act 1905 (C1905A00004) provides a comprehensive framework for the rules and principles governing the admissibility and relevance of evidence in legal proceedings. The Act delineates the rules for the admission of evidence, the types of evidence that are admissible, and the procedures for handling evidence in court. Key provisions include sections that address the admissibility of evidence (s 55, s 56), the presumption of innocence (s 180), and the hearsay rule (s 59). These sections collectively ensure that evidence presented in court is relevant, reliable, and obtained through lawful means.
- The Evidence Act imposes specific obligations on the parties and entities involved in legal proceedings. For instance, parties are required to provide evidence that is both relevant and probative to the issues at hand (s 55). Additionally, the Act mandates that evidence be presented in a manner that is clear and understandable to the court (s 61). Parties are also required to disclose any relevant evidence in their possession (s 200) and must not obstruct the administration of justice (s 201). These obligations ensure that the judicial process is fair and that all relevant information is brought to light.
- Breach of the provisions in the Evidence Act can lead to both criminal and civil consequences. For example, knowingly providing false evidence can result in a criminal offence under s 205, which carries a maximum penalty of 10 years imprisonment. Similarly, contempt of court, as outlined in s 138, can result in fines or imprisonment. Civil penalties may also apply, such as the exclusion of inadmissible evidence (s 135) or the imposition of costs against a party who has acted in bad faith (s 104). These consequences are designed to uphold the integrity of the judicial process and to deter individuals from acting in a manner that undermines the administration of justice.
- Area of Law
- Evidence Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Reporting & Disclosure Obligations
- Enforcement Powers