Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The Evidence (Audio and Audio Visual Links) Act 1998 facilitates the giving and
receiving of evidence and the making of submissions, in proceedings in New
South Wales courts, by audio and audio visual links from places other than the
places at which the courts are sitting. It also makes provision with respect to
appearances in such proceedings by persons by audio and audio visual links
from such other places.

The object of this Bill is to amend the Act:

(a) to require an accused child who is in custody in a correctional centre,
detention centre, police station or other place of detention to appear
physically before a court in certain preliminary and other criminal
proceedings concerning the offence for which the child is in custody
unless the court directs otherwise if satisfied that it is in the interests of
justice that the child appear by audio visual link before the court, and

(b) to enable rules of court to specify factors that the court must take into
account before giving such a direction.

The Bill also makes consequential amendments to the Evidence (Children)
Act 1997.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the
Evidence (Audio and Audio Visual Links) Act 1998 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the
Evidence (Children) Act 1997 set out in Schedule 2.

Schedule 1 Amendment of Evidence (Audio and Audio
Visual Links) Act 1998
Schedule 1 [1] and [2] amend section 3 of the Evidence (Audio and Audio
Visual Links) Act 1998 (the Principal Act) to replace the existing definition of
accused detainee with a new definition of accused detainee and to insert
definitions of accused child detainee and detention centre.

Schedule 1 [9] and [10] insert sections 5BBA and 22 (5) into the Principal Act
to achieve the object described in paragraphs (a) and (b), respectively, of the
Overview of the Bill above.

Schedule 1 [5] inserts section 5 (5A) into the Principal Act to provide for the
proposed amendments to extend to any proceeding pending in a court after the
commencement of section 5 (5) and before the commencement of the
subsection.

Schedule 1 [4], [6], [7] and [8] make consequential amendments to sections 5,
5BA and 5BB of the Principal Act.

Schedule 1 [3] makes an amendment by way of statute law revision to correct a
grammatical error.

Schedule 2 Consequential amendment of Evidence
(Children) Act 1997
Section 5 (1A) of the Evidence (Audio and Audio Visual Links) Act 1998
indicates that that Act is not intended to exclude or limit the operation of any
other law of the State that makes provision for the taking of evidence or the
making of submissions in the State for the purposes of proceedings in the State.

Schedule 2 amends sections 11 (Child entitled to give evidence in chief in form
of recording) and 19 (Accused children may be allowed to give evidence by
closed-circuit television) of the Evidence (Children) Act 1997 to make it clear
that those sections are not limited by proposed section 5BBA of the Evidence
(Audio and Audio Visual Links) Act 1998 as inserted by Schedule 1 [9].

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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