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VLRC to overhaul evidence laws
9 December 2004
The government has asked the Victorian Law Reform Commission to review the state’s evidence laws, and has appointed Supreme Court Judge the Hon Justice Tim Smith to work on the review.
“We are pleased that Justice Smith, who is widely regarded as one of the driving forces behind the national Uniform Evidence Act, has been appointed to work on our review of evidence laws,” VLRC Chairperson Professor Marcia Neave said today.
“The Uniform Evidence Act was developed to modernise and standardise evidence laws around the country. It’s already operating in Commonwealth jurisdictions, New South Wales, the ACT and Tasmania, and its review is long overdue in Victoria.
“We intend our review to build on recommendations we have already made in reports on sexual offences and defences to homicide, which largely mirrored what is already contained in the Uniform Evidence Act,” Professor Neave said.
During its review the Commission will work with the New South Wales Law Reform Commission and Australian Law Reform Commission, both of which are currently reviewing the Uniform Evidence Act.
Justice Smith has sat on the Supreme Court since 1990. He was made a QC in 1986 and appointed to the County Court in 1988. He was the Commissioner in charge of a 1987 Australian Law Reform Commission evidence review, which resulted in the enactment of the Uniform Evidence Act. He has been involved in the continuing education of lawyers and judges since he began lecturing articled clerks in evidence laws in the 1970s.
The government has also given the Commission a reference to review the Bail Act 1977.
For more information see the Bail Terms of Reference and the Evidence Terms of Reference.