Evidence Act 1995 Essay

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As outlined above, the large number of issues Aboriginal witnesses face highlights the necessity for providing adequate mechanisms for overcoming them. Hence, it is only fitting to highlight the number of provisions available in the Evidence Act 1995 (NSW) that provide for the manner of questioning witnesses and evaluate whether they are sufficient. The first of such relevant provisions is s26 of the Evidence Act 1995 (NSW) which gives the court control over the questioning of witnesses while s29 provides the manner and form of questioning witnesses and their responses. As mentioned in the introduction, the operation of these provisions allows witnesses to present their evidence in narrative form pursuant to section 29 (2) . The narrative …show more content…

Nevertheless, these sections are useful as one way of helping overcome the barriers of communication for Aboriginal witnesses . In addition, another relevant provision of the Evidence Act 1995 (NSW) that has been argued to help overcome communication and linguistic barriers is s30 which gives witnesses the right to an interpreter unless they can ‘speak the English language sufficiently ’. In spite of this, an issues arises as to what constitutes the speaking of ‘English sufficiently’ due to the fact that, as mentioned previously, most Aboriginals in NSW speak ‘Aboriginal English’, where there are slight differences in the grammatical structure or expressions used . On the other hand, s31 of the Evidence Act 1995 (NSW) relates to the questioning of deaf and mute witnesses in court. Consequently, for Aboriginal witnesses who suffer from hearing impairment this provision is effective in helping them overcome this communication issue as it additionally, does not restrict their right to an interpreter . While it seems that the aforementioned provisions of the Evidence Act 1995 (NSW) have certainly provided adequate mechanisms to overcome communications, there is still more to be

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