Western Australian Consolidated Acts

EVIDENCE ACT 1906 - SECT 79F

79F .         Dispute as to happening of event

        (1)         Where in any proceedings the happening of an event is in question, and a system has been followed to make and keep a record of the happening of all events of that description, oral or other evidence to establish that there is no record of the happening of the event is admissible to prove that the event did not happen.

        (2)         Where evidence is, or is proposed to be, tendered under this section, a court may require that the whole or part of the record concerned be produced and, in default, may reject the evidence or, if it has been received, exclude it.

        (3)         In estimating the weight, if any, to be attached to evidence rendered admissible by this section, regard shall be had to all the circumstances from which any inference can reasonably be drawn as to the accuracy or otherwise of the evidence, including whether or not any person concerned with the making or keeping of the relevant record had any incentive to omit recording the happening of the event in question.

        [Section 79F inserted by No. 66 of 1987 s. 5.]

[ 79G.         Deleted by No. 71 of 2000 s. 16.]

Proof of judicial proceedings