Document ID: chunk:federal_register_of_legislation:F2023C00098:body:0:p8
Version: federal_register_of_legislation:F2023C00098
Segment Type: other
Provision Reference: 
Character Range: 20535–23252

fact even if the matter is not within the party's personal knowledge.

Rule 18  Character evidence

    (1) Evidence of the good character of the accused person is admissible in summary authority proceedings as it may relate to credibility.

    (2) Evidence of the bad character of the accused person is not admissible in summary authority proceedings, unless it forms part of the evidence necessary to prove an element of the offence charged, or to rebut evidence of good character, or a matter relevant to punishment.

    (3) Evidence of the bad character of a witness (other than the accused person), is admissible in summary authority proceedings as it may relate to credibility.

    Example
    If:
    (a) an accused person is charged with the offence of making a false answer to a question on enlistment (section 57 of the Act); and
    (b) the answer given was that the accused had no prior convictions; it would be a necessary part of the prosecution case to prove the prior convictions in order to show the answer was false.

Rule 19  Hearsay evidence

    (1) Hearsay evidence is evidence of a statement to a witness made by a person who is not called as a witness, to prove that any fact in the statement is true.

    (2) However, subrule (1) does not apply to:

       (a) documentary evidence; or

       (b) an admission made by an accused person.

    (3) Although hearsay evidence is not admissible to prove the truth of a fact in a statement made to a witness, it may nevertheless be admissible to prove that the statement was made.

Example
On a charge of absence from duty, Sergeant Brown states that:
(a) he ordered Corporal White to check if Private Smith was on duty; and
    (b) Corporal White subsequently reported to him that Private Smith was not present at his place of duty.
    If Corporal White is not called as a witness, the statement to Sergeant Brown that Private Smith was not on duty is hearsay evidence and inadmissible to prove that fact.

Rule 20  Documentary evidence

    (1) A document is admissible in summary authority proceedings to prove the truth of a matter stated in the document if:

       (a) the document is produced from a record kept by:

           (i) the Defence Force; or

           (ii) a Department or agency of a government; or

           (iii) an authority otherwise created by a law of a government; or

           (iv) a business; and

       (b) the record was kept by a person who, in the course of the person's duties or business:

           (i) is required to create, amend, maintain or store records of that kind; or

           (ii) was, at the relevant time, required to create, amend, maintain or store records of that kind.

    (2)