The New South Wales Evidence Act 1995 is a legislation that governs the rules and procedures for the admission and presentation of evidence in legal proceedings within the state of New South Wales, Australia. It provides guidelines and principles to ensure fairness and reliability in the presentation and evaluation of evidence.

One important aspect covered in the Act is the continuity of evidence. The Act recognizes the need to maintain the integrity and reliability of evidence throughout the legal process. It establishes rules and procedures to establish the continuity of evidence, ensuring that there are no unauthorized alterations, tampering, or loss of evidence.

Under the Act, continuity of evidence is achieved through various mechanisms, such as:

Chain of custody: The Act requires proper documentation and record-keeping of the custody and movement of physical evidence from the time it is collected to its presentation in court. This helps establish a clear chain of custody, ensuring that the evidence is authentic and has not been tampered with.

Admissibility of records: The Act allows for the admissibility of records, including business records, as evidence. It sets out requirements for the authentication and certification of records to establish their reliability and authenticity.

Preservation of evidence: The Act imposes a duty on parties to take reasonable steps to preserve evidence that may be relevant to the proceedings. This includes obligations to retain documents and materials that may be required for future use as evidence.

Electronic evidence: The Act recognizes the importance of electronic evidence in modern legal proceedings. It provides specific provisions for the admissibility and authentication of electronic evidence, including requirements for the integrity and reliability of electronic records.

Overall, the NSW Evidence Act 1995, including its provisions on continuity of evidence, aims to ensure the fair and reliable presentation of evidence in legal proceedings, promoting the administration of justice in New South Wales.