Tasmanian Numbered Acts

EVIDENCE ACT 2001 (NO. 76 OF 2001) - SECT 13

13. Competence: lack of capacity

      (1) A person who is incapable of understanding that, in giving evidence, he or she is under an obligation to give truthful evidence is not competent to give sworn evidence.

      (2) A person who because of subsection (1) is not competent to give sworn evidence is competent to give unsworn evidence if –

(a) the court is satisfied that the person understands the difference between the truth and a lie; and

(b) the court tells the person that it is important to tell the truth; and

(c) the person indicates, by responding appropriately when asked, that he or she will not tell lies in the proceeding.

      (3) A person who is incapable of giving a rational reply to a question about a fact is not competent to give evidence about the fact but may be competent to give evidence about other facts.

      (4) A person is not competent to give evidence about a fact if –

(a) the person is incapable of hearing or understanding, or of communicating a reply to, a question about the fact; and

(b) that incapacity cannot be overcome.

      (5) It is presumed, unless the contrary is proved, that a person is not incompetent because of this section.

      (6) Evidence that has been given by a witness does not become inadmissible merely because, before the witness finishes giving evidence, he or she dies or ceases to be competent to give evidence.

      (7) To determine a question arising under this section, the court may inform itself as it thinks fit.