Assessment Event 1: BSBLEG417 Apply Principles of Evidence Law

This assignment addresses key concepts in Australian evidence law through short answer questions. It covers primary legislation across states and territories, explaining the burden and standard of proof in civil and criminal proceedings. The document clarifies the effect of Section 76 of the Evidence Act 1995 (NSW) and distinguishes between witness competence and compellability. It differentiates between case law and legislation related to hearsay, and explains the difference between relevant and admissible evidence, outlining the consequences of each. The assignment also explores methods for identifying information about evidence law and defines the meaning and nature of 'evidence of character'. This resource is designed to help students understand and apply the core principles of evidence law in Australia.

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 |

Assessment Event 1
1.4
Distinguish the ‘competence’ of a witness from the ‘compellability’ of a witness.
Your answer
1.5
Distinguish between case law (for example Ratten (1972) AC) and the sections of the legislation related to
the evidentiary principle of hearsay.
Your answer
In case law ‘Ratten (1972) AC’, it was held by the court that a test must be not undefined one whether
creating of statement was in certain sense part of transactions or events. As regard the statements
established after an occasion this should be for jury, by preliminary ruling, to gratify himself that a
statement was so simply created in situations of spontaneity or participation in event that an opportunity of
concoction may be overlooked. Contrariwise, if it is considered that a statement was created through the
description of separate previous occasion so that a speaker was so detached from this as to be capable to
follow the accounts, he must exclude this. The rule against hearsay is not described in the statute.
1.6
Explain the difference between the concepts of evidence being ‘relevant’ and evidence being ‘admissible’
Your answer
1.7
Identify the consequence of evidence not being relevant and evidence not being admissible.
Your answer
Certain evidence cannot be admissible even if this will be reverent. The best example is hearsay evidence
that is out of court statement presented for proving fact of declared matters. Further, the court can reject
relevant evidence in a case when probative values are considerably overshadowed by the risk of unfair
prejudice, undue postponement, confusing problems, killing time, or unnecessarily representing
cumulative evidence.
1.8
Outline two methods you could use to identify appropriate information about evidence law in Australia.
Your answer
In Australia, the rules of evidence is an important reading as well as the valuable resource to identify the
proper data about evidence law. In the addition of this, The Evidence Act 1995 is also helpful in
recognising the information about evidence law. It also tells which evidence are admissible or which are
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Assessment Event 1
not admissible.
1.9
Briefly explain the meaning and nature of ‘evidence of character’.
Your answer
Assessment Event 1 BSBLEG417 R1 Page 3 of 3
Created: 23 Feb 2016 | Revised: 14 Nov 2017