Evidence Act 2006

37 Veracity rules

• (1) A party may not offer evidence in a civil or criminal proceeding about a person’s veracity unless the evidence is substantially helpful in assessing that person’s veracity.

  (2) In a criminal proceeding, evidence about a defendant’s veracity must also comply with section 38 or, as the case requires, section 39.

  (3) In deciding, for the purposes of subsection (1), whether or not evidence proposed to be offered about the veracity of a person is substantially helpful, the Judge may consider, among any other matters, whether the proposed evidence tends to show 1 or more of the following matters:

  • (a) lack of veracity on the part of the person when under a legal obligation to tell the truth (for example, in an earlier proceeding or in a signed declaration):

  • (b) that the person has been convicted of 1 or more offences that indicate a propensity for dishonesty or lack of veracity:

  • (c) any previous inconsistent statements made by the person:

  • (d) bias on the part of the person:

  • (e) a motive on the part of the person to be untruthful.

  (4) A party who calls a witness—

  • (a) may not offer evidence to challenge that witness’s veracity unless the Judge determines the witness to be hostile; but

  • (b) may offer evidence as to the facts in issue contrary to the evidence of that witness.

  (5) For the purposes of this Act, veracity means the disposition of a person to refrain from lying, whether generally or in the proceeding.