This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.
provides an exception to the credibility rule. The rule does not apply to evidence to be adduced in cross-examination if the evidence could substantially affect the assessment of the credibility of the witness. Under this clause, the test is not whether the evidence has substantial probative value. Under section 103 of the UEAs the test was whether the evidence has substantial probative value and common law interpretation of this section considered the co-existing definition of probative value in the Dictionary in the Bill. The two provisions combined had the unintended effect of shifting the focus from issues of credibility (see R v RPS unreported, NSW Court of Criminal Appeal, Gleeson CJ, Hunt J at CL and Hidden J, 13 August 1997). This clause implements recommendation 12-2 of the 2005 LRCs' Report and makes it clear that the evidence relevant to credibility must be substantial in order to be admitted.