Business Records Flashcards
What is a record? Case?o
ATRA v Farmers & Graziers co-op.
A history of events in some form which is not evanescent.
Denotes documents which truly might be regarded as the internal reccords kept by or for that company in repsect of its business.. not documents relating to its affairs by 3rd parties for the 3rd partys own purposes.
S 69 Evidence Act?
Exception: Business Records
69 (1) (a) and (b)?
This setion applies to a document that:
a) either
i - is or forms part of the records belonging to or kept by a person, body or organisation in the course of, or for the purposes of, a business, or;
ii - at any time was or formed part of such a record, and
b) contains a previous representation made or recorded in the document in the course of, or for the purposes of, the business.
Is excetion rule required for CCTV or other computer generated business records?
No, as it does not classify as hearsay, as it is not made by a ‘person’.
69 (2) (a) (b)?
(2) The hearsay rule does not apply to the document (so far as it contains the representation) if the representation was made:
(a) by a person who had or might reasonably be supposed to have had personal knowledge of the asserted fact, or
(b) on the basis of information directly or indirectly supplied by a person who had or might reasonably be supposed to have had personal knowledge of the asserted fact
69 (3) (a) (b)?
(3) Subsection (2) does not apply if the representation:
(a) was prepared or obtained for the purpose of conducting, or for or in contemplation of or in connection with, an Australian or overseas proceeding, or
(b) was made in connection with an investigation relating or leading to a criminal proceeding
Example of 69 (3)?
Cops event, intel etc. Created in connection with an investigation relating or leading to a criminal proceeding.
69 (4)?
(4) If:
(a) the occurrence of an event of a particular kind is in question, and
(b) in the course of a business, a system has been followed of making and keeping a record of the occurrence of all events of that kind,
the hearsay rule does not apply to evidence that tends to prove that there is no record kept, in accordance with that system, of the occurrence of the event
69 (4) example?
During ERISP, POI says he was at Dr at time the offence ws committed.
GO to Dr and get business record of the day whhich is hearsay as has human input.
This document is exempt from hearsay ule as it is being used t prove there is no record kept, as an event (the offence) is in question.
69 (5)?
Personal knowledge for this section refers to having it first hand.
When talking about hearsay and evidence act states evidence of a ‘fact’ what does fact refer to?
A proof of the offence.
s 170?
EVidence relating to certain matters.
What does 170 say?
a) Evidence of a fact that is required by a section under the evidence act to be proved in relation to a document or thing, may be given by a person permitted under section 171.
b) The evidence may be given by affidavit or if public document by a written statement.
What sections does 170 refer to?
48, 65, 69, 70, 71,
S 69, In the course of or for the purpose of… Case?
Re Marra Developments 1972.
The statement or representation must relate to the course (operations) of the business, not to personal or other matters that may happen to be disclosed within a document
