Legislation › Evidence Act 1995 (NSW) Evidence Act 1995 (NSW) An Act about the law of evidence, and for related purposes.
Sections (225) s 1 — Name of Act s 2 — Commencement s 3 — Definitions s 4 — Courts and proceedings to which Act applies s 5 — Extended application of certain provisions s 6 — Territories s 7 — Act binds Crown s 8 — Operation of other Acts s 9 — Application of common law and equity s 10 — Parliamentary privilege preserved s 11 — General powers of a court s 12 — Competence and compellability s 13 — Competence: lack of capacity s 14 — Compellability: reduced capacity s 15 — Compellability: Sovereign and others s 16 — Competence and compellability: judges and jurors s 17 — Competence and compellability: defendants in criminal proceedings s 18 — Compellability of spouses and others in criminal proceedings generally s 19 — Compellability of spouses and others in certain criminal proceedings s 20 — Comment on failure to give evidence s 21 — Sworn evidence to be on oath or affirmation s 22 — Interpreters to act on oath or affirmation s 23 — Choice of oath or affirmation s 24 — Requirements for oaths s 24A — Alternative oath s 25 — Rights to make unsworn statements unaffected s 26 — Court’s control over questioning of witnesses s 27 — Parties may question witnesses s 28 — Order of examination in chief, cross-examination and re-examination s 29 — Manner and form of questioning witnesses and their responses s 30 — Interpreters s 31 — Deaf and mute witnesses s 32 — Attempts to revive memory in court s 33 — Evidence given by police officers s 34 — Attempts to revive memory out of court s 35 — Effect of calling for production of documents s 36 — Person may be examined without subpoena or other process s 37 — Leading questions s 38 — Unfavourable witnesses s 39 — Limits on re-examination s 40 — Witness called in error s 41 — Improper questions s 42 — Leading questions s 43 — Prior inconsistent statements of witnesses s 44 — Previous representations of other persons s 45 — Production of documents s 46 — Leave to recall witnesses s 47 — Definitions s 48 — Proof of contents of documents s 49 — Documents in foreign countries s 50 — Proof of voluminous or complex documents s 51 — Original document rule abolished s 52 — Adducing of other evidence not affected s 53 — Views s 54 — Views to be evidence s 55 — Relevant evidence s 56 — Relevant evidence to be admissible s 57 — Provisional relevance 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 61 — Exceptions to the hearsay rule dependent on competency s 62 — Restriction to “first-hand” hearsay s 63 — Exception: civil proceedings if maker not available s 64 — Exception: civil proceedings if maker available s 65 — Exception: criminal proceedings if maker not available s 66 — Exception: criminal proceedings if maker available s 66A — Exception: contemporaneous statements about a person’s health etc s 67 — Notice to be given s 68 — Objections to tender of hearsay evidence in civil proceedings if maker available s 69 — Exception: business records s 70 — Exception: contents of tags, labels and writing s 71 — Exception: electronic communications s 72 — Exception: Aboriginal and Torres Strait Islander traditional laws and customs s 73 — Exception: reputation as to relationships and age s 74 — Exception: reputation of public or general rights s 75 — Exception: interlocutory proceedings s 76 — The opinion rule s 77 — Exception: evidence relevant otherwise than as opinion evidence s 78 — Exception: lay opinions 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 81 — Hearsay and opinion rules: exception for admissions and related representations 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 s 85 — Criminal proceedings: reliability of admissions by defendants s 86 — Exclusion of records of oral questioning s 87 — Admissions made with authority s 88 — Proof of admissions s 89 — Evidence of silence generally s 89A — Evidence of silence in criminal proceedings for serious indictable offences s 90 — Discretion to exclude admissions s 91 — Exclusion of evidence of judgments and convictions s 92 — Exceptions s 93 — Savings s 94 — Application s 95 — Use of evidence for other purposes s 96 — Failure to act s 97 — The tendency rule s 97A — Admissibility of tendency evidence in proceedings involving child sexual offences s 98 — The coincidence rule 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 101A — Credibility evidence s 102 — The credibility rule s 103 — Exception: cross-examination as to credibility s 104 — Further protections: cross-examination as to credibility s 105 — Further protections: defendants making unsworn statements s 106 — Exception: rebutting denials by other evidence s 108 — Exception: re-establishing credibility s 108A — Admissibility of evidence of credibility of person who has made a previous representation s 108B — Further protections: previous representations of an accused who is not a witness s 108C — Exception: evidence of persons with specialised knowledge s 109 — Application s 110 — Evidence about character of accused persons s 111 — Evidence about character of co-accused s 112 — Leave required to cross-examine about character of accused or co-accused s 113 — Application of Part s 114 — Exclusion of visual identification evidence s 115 — Exclusion of evidence of identification by pictures s 116 — Directions to jury s 117 — Definitions s 118 — Legal advice s 119 — Litigation s 120 — Unrepresented parties s 121 — Loss of client legal privilege: generally s 122 — Loss of client legal privilege: consent and related matters s 123 — Loss of client legal privilege: defendants s 124 — Loss of client legal privilege: joint clients s 125 — Loss of client legal privilege: misconduct s 126 — Loss of client legal privilege: related communications and documents s 126A — Definitions s 126B — Exclusion of evidence of protected confidences s 126C — Loss of professional confidential relationship privilege: consent s 126D — Loss of professional confidential relationship privilege: misconduct s 126E — Ancillary orders s 126F — Application of Division s 126G — Definitions s 126H — Exclusion of evidence of protected sexual assault communications s 126I — Application of Division s 126J — Definitions s 126K — Journalist privilege relating to identity of informant s 126L — Application of Division s 127 — Religious confessions s 128 — Privilege in respect of self-incrimination in other proceedings s 128A — Privilege in respect of self-incrimination—exception for certain orders etc s 129 — Exclusion of evidence of reasons for judicial etc decisions s 130 — Exclusion of evidence of matters of state s 131 — Exclusion of evidence of settlement negotiations s 131A — Application of Part to preliminary proceedings of courts s 132 — Court to inform of rights to make applications and objections s 133 — Court may inspect etc documents s 134 — Inadmissibility of evidence that must not be adduced or given s 135 — General discretion to exclude evidence s 136 — General discretion to limit use of evidence s 137 — Exclusion of prejudicial evidence in criminal proceedings s 138 — Exclusion of improperly or illegally obtained evidence s 139 — Cautioning of persons s 140 — Civil proceedings: standard of proof s 141 — Criminal proceedings: standard of proof s 142 — Admissibility of evidence: standard of proof s 143 — Matters of law s 144 — Matters of common knowledge s 145 — Certain Crown certificates s 146 — Evidence produced by processes, machines and other devices s 147 — Documents produced by processes, machines and other devices in the course of business s 148 — Evidence of certain acts of justices, Australian lawyers and notaries public s 149 — Attestation of documents s 150 — Seals and signatures s 151 — Seals of bodies established under State law s 152 — Documents produced from proper custody s 153 — Gazettes and other official documents s 154 — Documents published by authority of Parliaments etc s 155 — Evidence of official records s 155A — Evidence of Commonwealth documents s 156 — Public documents s 157 — Public documents relating to court processes s 158 — Evidence of certain public documents s 159 — Official statistics s 160 — Postal articles s 161 — Electronic communications s 162 — Lettergrams and telegrams s 163 — Proof of letters having been sent by Commonwealth agencies s 164 — Corroboration requirements abolished s 165 — Unreliable evidence s 165A — Warnings in relation to children’s evidence s 165B — Delay in prosecution s 166 — Definition of request s 167 — Requests may be made about certain matters s 168 — Time limits for making certain requests s 169 — Failure or refusal to comply with requests s 170 — Evidence relating to certain matters s 171 — Persons who may give such evidence s 172 — Evidence based on knowledge, belief or information s 173 — Notification of other parties s 174 — Evidence of foreign law s 175 — Evidence of law reports of foreign countries s 176 — Questions of foreign law to be decided by judge s 177 — Certificates of expert evidence s 178 — Convictions, acquittals and other judicial proceedings s 179 — Proof of identity of convicted persons—affidavits by members of State or Territory police forces s 180 — Proof of identity of convicted persons—affidavits by members of Australian Federal Police s 181 — Proof of service of statutory notifications, notices, orders and directions s 182 — Application of certain sections in relation to Commonwealth records s 183 — Inferences s 184 — Accused may admit matters and give consents s 185 — Full faith and credit to be given to documents properly authenticated s 186 — Swearing of affidavits before justices of the peace, notaries public and lawyers s 187 — No privilege against self-incrimination for bodies corporate s 188 — Impounding documents s 189 — The voir dire s 190 — Waiver of rules of evidence s 191 — Agreements as to facts s 192 — Leave, permission or direction may be given on terms s 192A — Advance rulings and findings s 193 — Additional powers s 194 — Witnesses failing to attend proceedings s 195 — Prohibited question not to be published s 196 — Proceedings for offences s 197 — Regulations s 198 — Savings, transitional and other provisions s 8A — References to offices etc Sourced from the New South Wales Legislation website at 8 June 2026. 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