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Victoria set for quicker, fairer trials
February 2006
Changes to Victoria’s evidence law will bring it into the 21st century and lead to quicker, fairer and less complicated trials, according to two reports released today by the Victorian Law Reform Commission.
The Implementing the Uniform Evidence Act Report and Uniform Evidence Law Report were both tabled in parliament this morning.
The uniform Evidence Act was introduced 10 years ago by the Commonwealth and New South Wales, to make evidence laws simpler and easier to use. A review by three law reform commissions found the Act has been working well but needs some finetuning.
“Implementing the uniform Act in Victoria will mean the main principles of evidence law will be gathered in a single Act,” commission Chairperson Professor Marcia Neave said.
“Cases will be resolved quicker because there will be less opportunity to waste time on technical arguments about whether evidence is admissible. It will also be easier to prove the contents of documents and use copies of documents, making civil trials more efficient.
“Victorian evidence law is complex and out of date and this can be seen in its treatment of children, who cannot give evidence under oath if they do not understand religious concepts.
“The common law has not kept pace with our understanding of child development. It assumes children have unreliable memories and are more likely to lie than adults. Under the uniform Act, courts will presume that children are capable of giving evidence and will not be permitted to warn juries about their unreliability as witnesses simply because of their age.
“We think changes to rules about hearsay and expert evidence will allow a more complete and accurate picture of a case to be presented to the court.
“As is already the case in New South Wales, courts will be able to exclude confidential communications made in a professional relationship. This would cover oral and written information between doctors and their patients, and in some cases the relationship between journalists and their sources,” Professor Neave said.
The commission has recommended a 12 month lead-in to the Act’s introduction to allow the courts and legal profession time to educate themselves about the new Act.
The Uniform Evidence Law Report is available at: www.alrc.gov.au and the Implementing the Uniform Evidence Act Report at: www.lawreform.vic.gov.au. The Commonwealth Parliament will also table the Uniform Evidence Law Report today.