Evidence

​​Reference received: ​29 June 1966     

Reference extended: ​25 March 1975

Note: ​See also Review of the Evidence Act 1995 (2004-2005)

Reports

Report 17: Evidence (Business Records) (PDF, 274.5 KB), July 1973

• Tabled in parliament: 9 August 1973
• Legislative action: Evidence (Amendment) Act 1976

Report 29: The Rule Against Hearsay, May 1978

• An Outline of the Report was also published (PDF, 63.7 KB)
• A full version of the Report 29 (PDF, 17.9 MB)
• Tabled in parliament: 29 August 1978

Report 45: Criminal Procedure: Unsworn Statements of Accused Persons (PDF, 227.0 KB) [PDF, 420Kb], October 1985

• Tabled in parliament: 31 October 1985
• Legislative action: No legislation was required to implement this Report. However, the right to make an unsworn statement was subsequently abolished by theCrimesLegislation(Unsworn Evidence) Amendment Act 1994 (NSW) which inserted s 404A into the Crimes Act 1900 (NSW) (now Criminal Procedure Act 1986(NSW) s 31).​
  

Report 56: Evidence (PDF, 343.1 KB), June 1988

• Tabled in parliament: 15 November 1988
• Legislative action: ​Motor Accidents Act 1988 Part 5, Division 5; Evidence Act ​1995​

Working papers

Working Paper 9: Evidence (Business Records), 1972 

Working Paper 16: The Rule Against Hearsay, 1976

Working Paper 19: Evidence of Disposition, 1978

Working Paper 20: The Course of the Trial, 1978

Working Paper 21: Illegally and Improperly Obtained Evidence, 1979

Discussion papers 

Discussion Paper 7: ​Competence and Compellability (PDF, 1.8 MB), 1980​

Discussion Paper 8: Oaths and Affirmations, 1980

Discussion Paper 9: Unsworn Statements of Accused Persons, May 1980

Terms of reference

To review the law of evidence in both civil and criminal cases.