Section 171 — Evidence Act 1995 (NSW)

(1) Such evidence may be given by—
(a) a person who, at the relevant time or afterwards, had a position of responsibility in relation to making or keeping the document or thing, or
(b) except in the case of evidence of a fact that is to be proved in relation to a document or thing because of section 63, 64 or 65—an authorised person.
(2) Despite subsection (1) (b), evidence must not be given under this section by an authorised person who, at the relevant time or afterwards, did not have a position of responsibility in relation to making or keeping the document or thing unless it appears to the court that—
(a) it is not reasonably practicable for the evidence to be given by a person who had, at the relevant time or afterwards, a position of responsibility in relation to making or keeping the document or thing, or
(b) having regard to all the circumstances of the case, undue expense would be caused by calling such a person as a witness.
(3) In this section—
authorised person means—
(a) a person before whom an oath, declaration or affidavit may be taken or made in a country or place outside the State under section 26 of the Oaths Act 1900, or
(b) a police officer of or above the rank of sergeant, or
(c) a person authorised by the Attorney General for the purposes of this section.

Related sections

• 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 172 — Evidence based on knowledge, belief or information
• s 173 — Notification of other parties
• s 174 — Evidence of foreign law

Research how courts apply s 171

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.