Integrity

Integrity is a key element in recordkeeping.  According to AS ISO 15489, integrity of documents means that they are complete and unaltered. These words mirror s.11(3) of the Electronic Transactions Act 2000 (NSW) which notes that the integrity of information contained in a document is maintained if, and only if, the information has remained complete …

Advertisement

Processes, machines and devices

s.146 of the Evidence Act notes that: Where a document or thing is produced wholly or partly by a device or process, AND the device or process is one that, or is of a kind that, if properly used, ordinarily produces that outcome, THEN it is presumed (unless evidence sufficient to raise doubt about the …

Proof of contents

Provence evidence is a key element in ensuring the authenticity of documents in evidence. Proving that the contents of a document are authentic could be critical to the outcome of a court case. According to s.48 of the Evidence Act (NSW), the proof of contents of a document may be obtained (summarised): Via an admission …

Inferences

Inferences may also impact on questions relating to the authenticity of documents. s.183 (Inferences) of the Evidence Act 2005 (NSW) notes that if a question arises about a document or thing, the court may: (a) examine the document or thing, and (b) draw any reasonable inferences from it as well as from other matters from …

The balance of probabilities

s. 142 (Admissibility of evidence: standard of proof) of the Evidence Act 2005 (NSW) notes that evidence will be usually admitted if the Court is satisfied that the facts have been proved on the balance of probabilities.  The matters that the court must take into account include (summarised - see legislation for full version): (a) …

The need for authenticity

In NAB v Rusu, Justice Bryson said that: At its simplest, the authenticity of a document may be proved by the evidence of the person who made it or one of the persons who made it, or a person who was present when it was made, or in the case of a business record, a …

Admissibility

Justice Bryon commented on the admitting in evidence of documents in NAB v Rusu.  He said that: Documents are not ordinarily taken to prove themselves … Before a business record or any other document is admitted in evidence it is obviously necessary that there should be an evidentiary basis for finding that it is what …

Admitting documents as evidence

How do documents end up being admitted as evidence?  In Australian jurisdictions that follow the Uniform Civil Procedure Rules, there is, usually: Two (or more) parties An order for discovery (UCPR 21.2) A list of documents that the parties produce (UCPR 21.3) The production and inspection of documents (UCPR 21.10, 21.11) The (eventual) admission of …

Authenticity and reliability

Whether any document is accepted or admitted as evidence in court depends on a range of factors.  Electronic documents are no different. Proof of the authenticity and reliability of documents may be influenced by a range of factors including: The accuracy of the process the systems used to create them The source of the information …