Section 101A — Evidence Act 1995 (Cth)

Credibility evidence, in relation to a witness or other person, is evidence relevant to the credibility of the witness or person that:

(a) is relevant only because it affects the assessment of the credibility of the witness or person; or

(b) is relevant:

(i) because it affects the assessment of the credibility of the witness or person; and

(ii) for some other purpose for which it is not admissible, or cannot be used, because of a provision of Parts 3.2 to 3.6.

Note 1: Sections 60 and 77 will not affect the application of paragraph (b), because they cannot apply to evidence that is yet to be admitted.

Note 2: Section 101A was inserted as a response to the decision of the High Court of Australia in Adam v The Queen (2001) 207 CLR 96.

Related sections

• s 99 — Requirements for notices
• s 100 — Court may dispense with notice requirements
• s 101 — Further restrictions on tendency evidence and coincidence evidence adduced by prosecution
• s 102 — The credibility rule
• s 103 — Exception: cross‑examination as to credibility
• s 104 — Further protections: cross‑examination of accused

Research how courts apply s 101A

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.