Australian Capital Territory Current Acts

EVIDENCE ACT 2011 - SECT 81

    (1)     The hearsay rule and opinion rule do not apply to evidence of an admission.

    (2)     The hearsay rule and opinion rule do not apply to evidence of a previous representation—

        (a)     that was made in relation to an admission at the time the admission was made, or shortly before or after that time; and

        (b)     to which it is reasonably necessary to refer in order to understand the admission.

Note     Specific exclusionary rules relating to admissions are as follows:

              •     evidence of admissions that is not first-hand (s 82)

              •     use of admissions against third parties (s 83)

              •     admissions influenced by violence etc (s 84)

              •     unreliable admissions of accused people (s 85)

              •     records of oral questioning of accused people (s 86).

Example

D admits to W, his best friend, that he sexually assaulted V. In D's trial for the sexual assault, the prosecution may lead evidence from W—

(a)     that D made the admission to W as proof of the truth of the admission; and

(b)     that W formed the opinion that D was sane when he made the admission.