DOCUMENTARY HEARSAY: THE SCOPE OF THE QUEENSLAND EVIDENCE ACT

Abstract

The purpose of this article is to examine the scope and effect of the two Queensland provisions concerning documentary hearsay mentioned above, sections 92 and 93 of the Evidence Act 1977-84. What is remarkable about this area of the law is that despite the wealth of comparatively complex statutory material there is a paucity of reported judicial decisions, not least in Queensland. Such cases as there are come in the main from England, New South Wales and Victoria, and it will be necessary to look to those and other jurisdictions for some guide as to how the Queensland provisions might be interpreted.Although there are other sections in the Queensland Evidence Act, such as s.84 and s.95, which deal with specific areas of documentary hearsay it will be necessary to defer an examination of them to a later time. This article will concentrate on the two general and most widely-used provisions.