Section 61 — Evidence Act 1995 (Cth)

(1) This Part does not enable use of a previous representation to prove the existence of an asserted fact if, when the representation was made, the person who made it was not competent to give evidence about the fact because of subsection 13(1).

(2) This section does not apply to a contemporaneous representation made by a person about his or her health, feelings, sensations, intention, knowledge or state of mind.

Note: For the admissibility of such contemporaneous representations, see section 66A.

(3) For the purposes of this section, it is presumed, unless the contrary is proved, that when the representation was made the person who made it was competent to give evidence about the asserted fact.

Related sections

• s 58 — Inferences as to relevance
• s 59 — The hearsay rule—exclusion of hearsay evidence
• s 60 — Exception: evidence relevant for a non‑hearsay purpose
• s 62 — Restriction to “first‑hand” hearsay
• s 63 — Exception: civil proceedings if maker not available
• s 64 — Exception: civil proceedings if maker available

Research how courts apply s 61

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