---
title: "Record that relevant evidence is admissible unless the Act provides otherwise"
url: "https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/record-that-relevant-evidence-is-admissible-unless-the-act-provides-othe"
type: "task"
site: "AI Law Framework"
id: "A44-FL20261022-23"
practice_area: "Incoming evidence — deepfakes & synthetic documents"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Record that relevant evidence is admissible unless the Act provides otherwise

> Where the lawyer has already marked the evidence as relevant, record that, except as otherwise provided by this Act, that evidence is admissible in the proceeding.…

Canonical page: https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/record-that-relevant-evidence-is-admissible-unless-the-act-provides-othe  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Incoming evidence — deepfakes & synthetic documents](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Where the lawyer has already marked the evidence as relevant, record that, except as otherwise provided by this Act, that evidence is admissible in the proceeding. Record that evidence that is not relevant in the proceeding is not admissible. Do not decide relevance. Do not decide that no other provision of the Act applies. |
| What the lawyer must review | The lawyer decides relevance and whether another provision of the Act keeps the evidence out or lets it in. Section 56(1) of the Evidence Act 1995 (Cth) says that, except as otherwise provided by the Act, evidence that is relevant in a proceeding is admissible in the proceeding. Subsection (2) says evidence that is not relevant in the proceeding is not admissible. A separate task records whether evidence could rationally affect a fact in issue. This task does not apply that test and does not decide admission. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Source-by-source verification**

Trace relied-on content to independent sources and check for relevant material the output has missed.

- What the AI does: Where the lawyer has already marked the evidence as relevant, record that, except as otherwise provided by this Act, that evidence is admissible in the proceeding. Record that evidence that is not relevant in the proceeding is not admissible. Do not decide relevance. Do not decide that no other provision of the Act applies.
- What the lawyer does: The lawyer decides relevance and whether another provision of the Act keeps the evidence out or lets it in. Section 56(1) of the Evidence Act 1995 (Cth) says that, except as otherwise provided by the Act, evidence that is relevant in a proceeding is admissible in the proceeding. Subsection (2) says evidence that is not relevant in the proceeding is not admissible. A separate task records whether evidence could rationally affect a fact in issue. This task does not apply that test and does not decide admission.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Start only from a relevance marking the lawyer has already made.
2. Record both subsections. Do not drop the words except as otherwise provided by this Act.
3. Do not decide relevance and do not decide that no other provision applies.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Evidence Act 1995 (Cth) s 56, relevant evidence to be admissible](https://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ea199580/s56.html) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/obligations/incoming-evidence-deepfakes-and-synthetic-documents/record-that-relevant-evidence-is-admissible-unless-the-act-provides-othe/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*