Part 3.5 - Evidence of Judgments and Convictions

Question 1

91 Exclusion of evidence of judgments and convictions

Answer 1

(1) Evidence of a decision or finding of fact in a proceeding (Australian or overseas) is not admissible to prove the existence of a fact that was in issue in that proceeding.
(2) Even if it is relevant for another purpose.

Question 2

92 Exceptions

Answer 2

(1) Section 91(1) does not prevent the admission or use of evidence of the grant of probate, letters of administration or a similar order of a court to prove—
(a) the death, or date of death, of a person; or
(b) the due execution of a testamentary document.
(2) In a civil proceeding, section 91(1) does not prevent the admission or use of evidence that a party, or a person through or under whom a party claims, has been convicted of an offence, not being a conviction—
(a) in respect of which a review or appeal (however described) has been instituted but not finally determined; or
(b) that has been quashed or set aside; or
(c) in respect of which a pardon has been given.
(3) The hearsay rule and the opinion rule do not apply to evidence of a kind referred to in this section.

Question 3

S 93 Savings

Answer 3

This Part does not affect the operation of—

(a) a law that relates to the admissibility or effect of evidence of a conviction tendered in a proceeding (including a criminal proceeding) for defamation; or
(b) a judgment in rem; or
(c) the law relating to res judicata or issue estoppel.