When can a spouse be considered 'unavailable' under hearsay exceptions?

In the context of Queensland's Evidence Act, a spouse can be deemed 'unavailable' under hearsay exceptions primarily when specific legal frameworks apply, such as when the Evidence Act 1977 section 18 (EAC 18) regarding compellability is relevant. This section outlines certain circumstances under which a witness, including a spouse, may not be compelled to testify, thus rendering them unavailable. If a spouse falls under this provision, then their testimony cannot be obtained despite attempts to do so, fitting the legal definition of unavailability.

Other options like refusal to testify or residing out of state may suggest a scenario where a spouse is not available to testify, but they do not align with the legal parameters set out in EAC 18. Illness could also indicate unavailability, but it is not as directly tied to the established legal framework concerning hearsay exceptions as EAC 18 specifically designates compellability in legal terms. Thus, the correct linkage to hearsay exceptions is most clearly established through the compellability stipulations of the Evidence Act.