Assessment Event 1.

Assessment Event 1
BSBLEG417: Apply the principles of evidence law
Short answer questions - Evidence Law
Respond to the questions below.
Complete and save this document and submit according to your assessment event submission instructions.
Questions
1.1
What are the primary pieces of legislation that deal with evidence law in all the states and territories in
Australia?
Your answer
In Australia, the practices related to the documents as evidence is difficult as well as differs in relation to
jurisdiction. The Commonwealth Evidence Act is applicable in a case when legal proceedings are in
federal court. The Tasmanian, NSW, and Victorian Evidence Acts usually mirror the Commonwealth
Evidence Act.
Further, the Commonwealth Evidence Act also apply in territory and state legal proceedings regarding
certain documents. Commonwealth legislation (such as Freedom of Information Act 1982, Archives Act
1983, Crimes Act 1914 and Privacy Act 1988 , has requirements regarding the documents, which can
relate to the utilisation in evidence.
1.2
Explain the key concepts of ‘burden’ and ‘standard of proof’ in:
1. civil proceedings
2. criminal proceedings.
Your answer
1.3
Briefly explain the effect of section 76 of the Evidence Act 1995 (NSW) and any one of the exceptions to this
rule.
Your answer
Assessment Event 1 BSBLEG417 R1 Page 1 of 3
Created: 23 Feb 2016 | Revised: 14 Nov 2017 |