Review of the Evidence Act

• the importance of maintaining an efficient and effective justice system in which clear and comprehensive laws of evidence play a fundamental role,

• the experience gained from nearly a decade of operation of the uniform Evidence Act scheme, and

• the desirability of achieving greater clarity and effectiveness and promoting greater harmonisation of the laws of evidence in Australia

REFER to the New South Wales Law Reform Commission, for inquiry and report pursuant to section 10 of the Law Reform Commission Act 1967, the operation of the Evidence Act 1995 (NSW).

1. In carrying out its review of the Evidence Act 1995 (NSW), the Commission, will have particular regard to:

(a) the following topics, which have been identified as areas of particular concern:

(i) the examination and re-examination of witnesses; before and during proceedings;

(ii) the hearsay rule and its exceptions;

(iii) the opinion rule and its exceptions;

(iv) the coincidence rule;

(v) the credibility rule and its exceptions; and

(vi) privileges, including client legal privilege

(b) the relationship between the Evidence Act 1995 (NSW) and other legislation regulating the laws of evidence and whether the fact that significant areas of evidence law are dealt with in other legislation poses any significant disadvantages to the objectives of clarity, effectiveness and uniformity

(c) recent legislative and case law developments in evidence law, including the extent to which common law rules of evidence continue to operate in areas not covered by the Evidence Act 1995 (NSW)

(d) the application of the rules of evidence contained in the Evidence Act 1995 (NSW) to pre trial procedures

(e) any related matter.

2. In carrying out its review of the Evidence Act 1995 (NSW), the Commission, in keeping with the spirit of the uniform Evidence Act scheme, will:

(a) work in association with the Australian Law Reform Commission, with a view to producing agreed recommendations,

(b) consult with the other members of the uniform Evidence Act scheme – the Australian Capital Territory and Tasmania,

(c) consult with other States and Territories as appropriate; and

(d) consult with other relevant stakeholders, in particular the courts, their client groups and the legal profession;

in the interests of identifying and addressing any defects in the current law, and with a view to maintaining and furthering harmonisation of the laws of evidence throughout Australia.

3. The Commission is to report no later than 5 December 2005.

Note: See also Reference 13 Evidence for an earlier review of the law of evidence​