To summaries the opportunities for further work, these are as follows:
A Further work on an effective digital signature regime so a digital signature
can replace traditional handwritten signature on paper, which is capable of
non-repudiation, and that meets the Statute of Frauds requirements.
B Updates to the Uniform Evidence Acts so that:
(1) The definitions reflect the true nature of electronic evidence.
(2) A witness must attest to the reasonable level of security around
the computer system in which electronic evidence was created.
(3) The rebuttable presumptions reflect the true nature of electronic
evidence.
C Updates to the current discovery process to reflect international standards,
and the use of technology to reduce costs of discovery.
D Further work on protection of documents to which legal professional
privilege applies where electronic evidence media is seized.
Further work to ensure there is a recognition by the legal profession in
Australia that electronic evidence is different to paper and in order to
properly authenticate electronic evidence, different questions need to be
asked, when calling into question the authenticity of electronic evidence,
compared with paper evidence.