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Contents » Chapter 3 - ADMISSIBILITY OF EVIDENCE Introductory Note » Division 3 - Other exceptions to the hearsay rule
Clause 73 Exception—reputation as to relationships and age
(1)The hearsay rule does not apply to evidence of reputation concerning—
(a)whether a person was, at a particular time or at any time, a married person; or
(b)whether a man and a woman cohabiting at a particular time were married to each other at that time; or
(c)a person's age; or
(d)family history or a family relationship.
(2)In a criminal proceeding, subsection (1) does not apply to evidence adduced by a defendant unless—
(a)it tends to contradict evidence of a kind referred to in subsection (1) that has been admitted; or
(b)the defendant has given reasonable notice in writing to each other party of the defendant's intention to adduce the evidence.
(3)In a criminal proceeding, subsection (1) does not apply to evidence adduced by the prosecutor unless it tends to contradict evidence of a kind referred to in subsection (1) that has been admitted.