Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Secondary evidence is evidence of a statement made by a person who is not called as a witness for the purpose of proving the statement is true.
(2) However, subrule (1) does not apply to:
(a) documentary evidence; or
(b) an admission made by an accused person.
Note Rules for documentary evidence are set out in rule 57.
(3) The summary authority must assess secondary evidence that he or she receives, having regard to:
(a) the credibility of the witness repeating the statement; and
(b) the possibility that the witness misheard or misunderstood the statement; and
(c) the possibility that the person who made the statement was not being truthful; and
(d) the possibility that the person who made the statement was mistaken; and
(e) the fact that the credibility of the person who made the statement cannot be tested in cross‑examination.
Example
On a charge of absence from duty, Sergeant Brown states that:
(a) he ordered Corporal White to check if Private Smith was on duty; and
(b) Corporal White subsequently reported to him that Private Smith was not present at his place of duty.
If Corporal White is not called as a witness, the statement to Sergeant Brown that Private Smith was not on duty is secondary evidence to the extent that it relates to the purpose of proving that Private Smith was not on duty.