Opinion

Question 1

Opinion rule

Answer 1

Opinion evidence is evidence based on inference rather than simply an account of perceived events. Evidence of an opinion about the existence of a fact is not admissible to prove the existence of that fact (76).

Question 2

Evidence relevant otherwise than as opinion evidence

Answer 2

The opinion rule does not apply to evidence of an opinion that is admitted because it is relevant for a purpose other than proof of the existence of a fact about the existence of which the opinion was expressed.

Question 3

Lay opinion

Answer 3

The opinion rule does not apply to evidence of an opinion expressed by a person if the opinion is based on what the person saw heard or otherwise perceived and evidence of the opinion is necessary to obtain an adequate account or understanding of the person’s perception of the event.

Question 4

Expert evidence

Answer 4

If a person has specialised knowledge based on the person’s training study or experience, the opinion rule does not apply to evidence of that persons opinion that is wholly or substantially based on that knowledge (79).

Specialised knowledge includes knowledge of child development and behaviour (including specialised knowledge of the impact of sexual abuse on children and their development and behaviour during and following abuse).  If a person has such specialised knowledge, a reference to an opinion of that person includes a reference to an opinion relating to the development and behaviour of children generally and/or the development and behaviour of children who have been victims of sexual offences or similar offences.

Question 5

ATSI traditional laws and customs

Answer 5

The opinion rule does not apply to evidence of an opinion expressed by a member of an ATSI group about the existence or non-existence, or the content of, traditional laws and customs.