Media Release: NEW EVIDENCE LAWS TO SAVE COSTS FOR BUSINESSES

FROM THE OFFICE OF THE ATTORNEY-GENERAL

DATE: Tuesday, June 24, 2008

NEW EVIDENCE LAWS TO SAVE COSTS FOR BUSINESSES

New evidence laws will cut red tape and potentially save Victorian businesses about $10 million a year, Deputy Premier and Attorney-General Rob Hulls said today.

The new Evidence Act, introduced into State Parliament today, will bring Victoria into line with uniform evidence laws across Australia.

“The new Act will cut red tape for Victorian businesses, government and the not-for-profit sector,” Mr Hulls said.

“The legislation removes the original document rule which, when combined with current statute law, is complex and unwieldy.

“The rule has resulted in businesses, Government and not-for-profit organisations retaining documents in their original form as part of a prudent risk-management strategy for potential litigation. This places an unnecessary record-keeping burden on businesses.

“The abolition of the original document rule will bring much-needed clarity to this area of the law.

“Cutting red tape also has wider community benefits such as freeing up the administrative capacity of not-for-profit organisations, allowing them to focus on the services they provide to the community.”

Treasurer John Lenders said the cut to business red tape was part of the Brumby Labor Government’s plan to reduce business regulation and make it easier for Victoria’s businesses to thrive.

“We are on track to meet our long term commitment of reducing red tape by 15 per cent over three years and 25 per cent over five years,” Mr Lenders said.

“In fact we predict that we can save business $154 million per year by July 2009 and $256 million per year by July 2011 – just by cutting red tape.”

Mr Hulls said the new Act would also improve the ability of Victorian courts to conduct cases efficiently and in a way that was consistent with practices in other state courts and the Federal Court.

“Uniform national evidence laws are important because they provide consistent rules across all courts,” Mr Hulls said.

The legislation will also:
· Provide a more structured approach to hearsay evidence, with rules allowing hearsay evidence to be admitted in some cases;
· Create a specific exception to the hearsay rule to allow for evidence to be given of the existence or content of traditional laws and customs of an Aboriginal or Torres Strait Islander group; and
· Extend the courts' discretion to excuse a married person from testifying against their partner to de facto partners, including same sex partners.

Mr Hulls said the Brumby Government had committed $3 million to implement the legislation by modernising the skills and qualifications of people working in the justice system and updating technology and key resources used for the delivery of justice in Victoria.

“This substantial up-front investment will help realise the considerable benefits of the new evidence laws and reduce regulatory burden associated with changes,” Mr Hulls said.