Document ID: chunk:federal_register_of_legislation:C2025C00165:section:61k
Version: federal_register_of_legislation:C2025C00165
Segment Type: section
Provision Reference: s 61K
Character Range: 327134–328385

61K  Weight of evidence under section 61J
 (1) If evidence of a statement made by a person at an examination of the person is admitted under section 61J in a proceeding, in deciding how much weight (if any) to give to the statement as evidence of a matter, regard is to be had to:
 (a) the length of period between the statement and the matter to which the statement relates; and
 (b) any reason the person may have had for concealing or misrepresenting a material matter; and
 (c) any other circumstances from which it is reasonable to draw an inference about the accuracy of the statement.
 (2) If the person is not called as a witness in the proceeding:
 (a) evidence that would, if the person had been so called, have been admissible in the proceeding for the purpose of destroying or supporting his or her credibility is so admissible; and
 (b) evidence is admissible to show that the statement is inconsistent with another statement that the person has made at any time.
 (3) However, evidence of a matter is not admissible under this section if, had the person been called as a witness in the proceeding and denied the matter in cross‑examination, evidence of the matter would not have been admissible if adduced by the cross‑examining party.