When can second-hand hearsay be admitted under the EAC?

Second-hand hearsay can be admitted under the Evidence Act of Queensland when it is relevant for a non-hearsay purpose. This means that the statement is considered not for the truth of the matter asserted, but for a different purpose, such as to show the state of mind of the witness or the impact of the statement on the listener. The relevance of the statement in this context allows it to be admissible despite being hearsay.

When looking at the other options, the timing of when the statement was made (such as being over six months old) does not inherently affect its admissibility under the Evidence Act. Similarly, the qualifications of the person making the hearsay statement (like being an expert witness) does not change the nature of the hearsay rule, as even expert opinions can be considered hearsay unless they fall within an exception. Lastly, the unavailability of the original source does not automatically allow second-hand hearsay to be admitted; the rules governing hearsay emphasize the necessity of the original source unless specific conditions for admissibility apply.