Page 4851 - Week 15 - Thursday, 16 December 1993

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UNCERTAINTY IN ALL AREAS OF THE LAWS OF EVIDENCE WHICH COULD ONLY BE ADDRESSED BY COMPREHENSIVE UNIFORM LEGISLATION.

IN ITS FINAL REPORT IN1987THE COMMISSION, IN ADDITION TO MAKING RECOMMENDATIONS ABOUT EVIDENCE LAW IN FEDERAL COURTS, SAID THAT THE LAW OF EVIDENCE IN AUSTRALIA IS BADLY IN NEED OF REFORM IN ALL AREAS. IT SAID THAT THE PRESENT LAW OF EVIDENCE IS THE PRODUCT OF UNSYSTEMATIC STATUTORY AND JUDICIAL DEVELOPMENT, AND THAT IT CONTAINS TRAPS AND PITFALLS WHICH ARE LIKELY TO LEAVE THE UNREPRESENTED LITIGANT BAFFLED, FRUSTRATED AND DEFEATED.

THE COMMONWEALTH DECIDED TO ACT ON THE RECOMMENDATIONS OF THE LAW REFORM COMMISSION AND REFORM THE LAWS OF EVIDENCE THAT APPLY IN FEDERAL COURTS. AT THAT TIME, RESPONSIBILITY FOR EVIDENCE LAW IN THE AUSTRALIAN CAPITAL TERRITORY REMAINED WITH THE COMMONWEALTH, AND A DRAFT EVIDENCE BILL PREPARED BY THE COMMONWEALTH IN 1991 APPLIED TO A.C.T. COURTS. THE COMMONWEALTH, MINDFUL OF THE FACT THAT RESPONSIBILITY FOR EVIDENCE LAW IN THE A.C.T. WOULD TRANSFER TO THE TERRITORY ON 1 JULY 1992, STATED THAT IT SAW THIS AS FULFILLING ITS RESPONSIBILITY TO PROVIDE THE A.C.T. WITH AN UPTO-DATE BODY OF EVIDENCE LAW.

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