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NCJ Number: 65608 Find in a Library
Title: ADMISSIBILITY IN EVIDENCE OF COMPUTER RECORDS AND OTHER DOCUMENTS WORKING PAPER - AUSTRALIA
Corporate Author: Western Australia Law Reform Cmssn
Australia
Date Published: 1978
Page Count: 107
Sponsoring Agency: Western Australia Law Reform Cmssn
Perth, W.A. 6000, Australia
Publication Number: PROJECT 27
Format: Document
Language: English
Country: Australia
Annotation: PROBLEMS ASSOCIATED WITH THE ADMISSIBILITY OF COMPUTER RECORDS AND OTHER BUSINESS DOCUMENTS AS EVIDENCE IN COURT ARE EXAMINED IN A WORKING PAPER OF THE LAW REFORM COMMISSION OF WESTERN AUSTRALIA.
Abstract: THE PAPER OPENS WITH AN OUTLINE OF EVIDENTIARY PROBLEMS UNDER WESTERN AUSTRALIA'S EXISTING HEARSAY RULE, PARTICULARLY WITH RESPECT TO THE ADMISSIBILITY OF COMPUTER RECORDS. AN OVERVIEW OF THE USE OF COMPUTERS BY BANKS, WHOLESALERS AND RETAILERS AND LOCAL AUTHORITIES IS THEN PRESENTED. WESTERN AUSTRALIA LAW ON EXCEPTIONS TO THE HEARSAY RULE IN CIVIL AND CRIMINAL PROCEEDINGS IS REVIEWED, AND PROBLEMS ARISING OUT OF THE LAW IN DETERMING THE ADMISSIBILITY OF COMPUTER RECORDS AND CERTAIN OTHER BUSINESS DOCUMENTS ARE IDENTIFIED. POSSIBLE REFORMS, INCLUDING ABOLITION OR MODIFICATION OF THE HEARSAY RULE, ARE EXPLORED, WITH REFERENCE TO APPROACHES ADOPTED IN ENGLAND AND IN OTHER AUSTRALIAN JURISDICITONS. ANCILLARY MATTERS RELATED TO COMPUTER DOCUMENTS AS EVIDENCE ARE DISCUSSED, AS ARE PROBLEMS RELATING SPECIFICALLY TO BANK RECORDS AND TO DISCOVERY AND PRODUCTION REQUIREMENTS FOR COMPUTER MATERIALS. THE PAPER CLOSES WITH A LIST OF QUESTIONS TO BE ADDRESSED IN SETTLING THE ISSUES RAISED BY THE COMMISSION. APPENDED MATERIALS INCLUDE EXCERPTS FROM THE WESTERN AUSTRALIA LAW ON EVIDENCE, SUMMARIES OF EVIDENTIARY LAW ELSEWHERE IN THE COMMONWEALTH, AND RECOMMENDATION OF THE CANADIAN LAW REFORM COMMISSION ON ADMISSIBILITY OF BUSINESS RECORDS.
Index Term(s): Australia; Computer generated reports; Law reform; Records; Rules of evidence
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=65608

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