Builds on: Electronic Evidence: Foundations

Unit 1C17 minEnglish

Australia: Proving Electronic Records

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Australian evidence law has no special certificate for electronic records. It asks the same questions of an email as of a letter: is it relevant, how are its contents proved, is it hearsay, and should the court still keep it out? This unit walks through those questions in the Evidence Act 1995 of the Commonwealth.

Focus: which Act applies, how to prove what a record says, when a machine is trusted, and when a business record gets past the hearsay rule. This unit is not legal advice.

Learning objectives

  • Say which courts the Commonwealth Evidence Act covers, and which State and Territory Acts match it.
  • Explain how the contents of an electronic document may be proved.
  • Describe the presumption about machines and devices, and how it is displaced.
  • Apply the business-records rule to a provider's record.
  • Explain who may give the supporting evidence, and how the other side can test a record.

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