This Consultation Draft considers reform of some aspects of the law of evidence in Western Australia. Traditionally the laws and rules of evidence require a high degree of formal proof. These exacting standards exist so that only reliable evidence is allowed in court. The integrity of the justice system depends on fact-finders, whether judges or juries, basing decisions on dependable evidence.
Hearsay is a key example of the kind of evidence which is excluded by the existing laws.
Unless a person who made a particular statement can be questioned during trial courts generally will not allow another witness to repeat or describe what that person said in an attempt to prove that what was said was true. The same complicated rule excludes written evidence. The reason for the hearsay rule is that the fact finders should be able to observe witnesses and evaluate their truthfulness. The Consultation Draft examines the advantages and disadvantages of the Commonwealth's Evidence Act and in particular its treatment of hearsay and documentary evidence. While acknowledging the advantages of the codification of the laws of evidence, the Draft also highlights existing State evidence laws which are preferable to the Commonwealth's.