Outline of the report
The primary objectives of this inquiry were twofold: to identify and address any defects in the uniform Evidence Acts; and to maintain and further the harmonisation of the laws of evidence throughout Australia.
During the course of the inquiry, the governments of Victoria, Western Australia and the Northern Territory signalled their intention to enter into the uniform Evidence Act scheme. Further, the government of South Australia announced that the take-up of the uniform Evidence Act had been placed on the legislative reform agenda. Hence, the inquiry provided a strong impetus for the realisation of a truly uniform Evidence regime in Australia.
The inquiry concluded that the uniform Evidence Acts were working well, and that there were no major structural problems with the legislation, or with the underlying policy of the Acts.
While areas of concern were identified and addressed in the report, the Commissions concluded that a major overhaul of the uniform Evidence Acts was neither warranted nor desirable.
In addition to provisions currently in the uniform Evidence Act, the report discusses specific aspects of the policy framework of the uniform Evidence Act regime, issues relating to the receipt in court of evidence of Aboriginal and Torres Strait Islander traditional laws and customs, and the relationship between the uniform Evidence Act and other legislation.
The Executive Summary in ALRC 102 contains a concise summary of the key findings and recommendations in the report.