Section 78A — Evidence Act 1995 (Cth)

Exception: Aboriginal and Torres Strait Islander traditional laws and customs

The opinion rule does not apply to evidence of an opinion expressed by a member of an Aboriginal or Torres Strait Islander group about the existence or non‑existence, or the content, of the traditional laws and customs of the group.

Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 76 — The opinion rule
s 77 — Exception: evidence relevant otherwise than as opinion evidence
s 78 — Exception: lay opinions
s 79 — Exception: opinions based on specialised knowledge
s 80 — Ultimate issue and common knowledge rules abolished
s 81 — Hearsay and opinion rules: exception for admissions and related representations

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