What does the hearsay rule under EAC 59 state about representations?

The hearsay rule under the Evidence Act Chapter 59 in Queensland addresses the admissibility of evidence based on hearsay assertions. The correct answer highlights that representations that are 'intended to assert' something are generally excluded from being admissible in court as evidence. This principle aligns with the rationale behind the hearsay rule, which is designed to prevent reliance on statements made outside of court that have not been subjected to cross-examination, as their truth cannot be properly verified.

When a representation is made with the intention of asserting its content, it typically conveys a direct assertion of fact or belief to the listener. This creates concerns about the reliability of the evidence because it relies on secondhand information, which lacks the safeguards of direct testimony, such as credibility and the ability to challenge the evidence through cross-examination. Therefore, the hearsay rule aims to exclude this type of representation from admissibility to ensure that only reliable and substantively tested evidence is presented in court.

In contrast, the other options do not align with the core principles of the hearsay rule. The notion that all representations are admissible fails to recognize the critical protections afforded by the hearsay rule. Stating that only verbal representations are excluded misrepresents the scope of the hearsay rule