Welcome to the Evidence Act 2008


This blog was started back when the Evidence Act 2008 was nothing more than a gleam in Parliament's eye. It was an attempt to further understanding of some challenging new legislation when information about it was difficult to find.

Since then, many authors and luminaries have turned their minds to the complex issues the Act obliges Victorian lawyers to engage with. A blog devoted exclusively to this one piece of legislation isn't necessary, and is impossible for us to give the attention it deserves.

If you're looking for a more conventional blog posting on topical legal issues, have a look at Quis Custodiet Ipsos Custodes? by the same authors.

This site is no substitute for legal advice from an Australian lawyer. If you have a legal problem, it's great that you are doing a bit of research, but go consult a professional.




» » 23. Choice of oath or affirmation
2009-07-05

23. Choice of oath or affirmation

23. Choice of oath or affirmation

(1) A person who is to be a witness or act as an interpreter in a proceeding may choose whether to take an oath or make an affirmation.

(2) The court is to inform the person that he or she has this choice, unless the court is satisfied that the person has already been informed or knows that he or she has the choice.

(3) The court may direct a person who is to be a witness to make an
affirmation if-

(a) the person refuses to choose whether to take an oath or make an affirmation; or

(b) it is not reasonably practicable for the person to take an appropriate oath.

Note

Subsection (2) differs from section 23 of the Commonwealth Act.

Posted by Dr Manhattan at 11:53 AM
Labels: , , , , , , ,

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)
Related Articles


Related Article Widget by Hoctro

  © Blogger templates The Professional Template by Ourblogtemplates.com 2008

Back to TOP