Victorian Numbered Acts

JURY DIRECTIONS AND OTHER ACTS AMENDMENT ACT 2017 (NO. 37 OF 2017) - SECT 17

For section 66(2) of the Evidence Act 2008 substitute —

    "(2)     The hearsay rule does not apply to evidence of the representation that is given by the person who made the representation or a person who saw, heard or otherwise perceived the representation being made if—

        (a)     the person who made the representation has been or is to be called to give evidence; and

        (b)     either—

              (i)     when the representation was made, the occurrence of the asserted fact was fresh in the memory of the person who made the representation; or

              (ii)     the person who made the representation is a victim of an offence to which the proceeding relates and was under the age of 18 years when the representation was made.

Note

Subsection (2) differs from the Commonwealth Act and New South Wales Act.".