Its encouraging to see that our legal system is looking into electronic records and their use in Evidence Law. One of our website clients, the Constitutional and Law Reform Commission has produced an issues paper for public viewing and commentary. You can download it here.
The primary objective of this Reference is to inquire into and review the laws of evidence so as to assess and determine:
- whether and how the laws of evidence can or should be modified to permit the proof of business records; in the form of electronic records and electronic communications (email); and
- if the laws of evidence are to be modified, what should be done and how best should that be achieved;
- if the laws of evidence are to be amended, propose and recommend appropriate legislative amendments to relevant legislation or even the new provisions or if not, propose and
recommend the enactment of new legislation; and
- to the extent necessary to achieve the reforms proposed above, whether and how any relevant associated laws and practices should also be modified or amended.