8–1 Section 64(3) of the uniform Evidence Acts should be amended to remove the requirement that, when the representation was made, the occurrence of the asserted fact was fresh in the memory of the person who made the representation.
8–2 The uniform Evidence Acts should be amended to provide that a person is taken not to be available to give evidence about a fact if the person is mentally or physically unable to give evidence about the fact and that inability cannot reasonably be overcome.
8–3 Section 65(2)(d) of the uniform Evidence Acts should be amended to require that the representation be made against the interests of the person who made it at the time it was made and in circumstances that make it likely that the representation is reliable.
8–4 The uniform Evidence Acts should be amended to make it clear that, for the purposes of s 66(2), whether a memory is ‘fresh’ is to be determined by reference to factors in addition to the temporal relationship between the occurrence of the asserted fact and the making of the representation. These factors may include the nature of the event concerned, and the age and health of the witness.
8–5 Section 72 of the uniform Evidence Acts dealing with contemporaneous statements about a person’s health, feelings, sensations, intention, knowledge or state of mind should be repealed and re-enacted in identical form in Division 2 of Part 3.2 of the Acts.