Section 78A — Evidence Act 1995 (NSW)

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 New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.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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