Section 81 — Evidence Act 1995 (Cth)

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

(2) The hearsay rule and the 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:

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 that admission; and

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

Related sections

• s 78A — Exception: Aboriginal and Torres Strait Islander traditional laws and customs
• s 79 — Exception: opinions based on specialised knowledge
• s 80 — Ultimate issue and common knowledge rules abolished
• s 82 — Exclusion of evidence of admissions that is not first‑hand
• s 83 — Exclusion of evidence of admissions as against third parties
• s 84 — Exclusion of admissions influenced by violence and certain other conduct

Research how courts apply s 81

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