Section 16 — Evidence Act 1995 (Cth)

(1) A person who is a judge or juror in a proceeding is not competent to give evidence in that proceeding. However, a juror is competent to give evidence in the proceeding about matters affecting conduct of the proceeding.

(2) A person who is or was a judge in an Australian or overseas proceeding is not compellable to give evidence about that proceeding unless the court gives leave.

Related sections

• s 13 — Competence: lack of capacity
• s 14 — Compellability: reduced capacity
• s 15 — Compellability: Sovereign and others
• s 17 — Competence and compellability: defendants in criminal proceedings
• s 18 — Compellability of spouses and others in criminal proceedings generally
• s 20 — Comment on failure to give evidence

Research how courts apply s 16

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