New South Wales Consolidated Acts

CHILDREN AND YOUNG PERSONS (CARE AND PROTECTION) ACT 1998 - SECT 64A

64A Evidence in the form of a recording

(1) In this section, "recording" means:

(a) an audio recording, or

(b) a video recording, or

(c) a video recording accompanied by a separately but contemporaneously recorded audio recording.

(2) If:

(a) any evidence in support of a care application in relation to a child or young person comprises a recording, and

(b) the Director-General considers it would be inappropriate for the parents of the child or young person to be given a copy of the recording,

the Director-General may decline to cause a copy of the recording to be served on the parents under section 64 (4) and, instead, must serve a notice on the parents that complies with subsection (3).

(3) The notice must:

(a) be in writing, and

(b) specify each recording proposed to be used in evidence, and

(c) inform the parents that they, and their lawyer, are entitled to listen to or view the recording at a place nominated by the Director-General and at a mutually convenient time, and

(d) identify the person responsible for arranging access to each recording.

(4) The notice must be given to the parents, or their lawyer, at least 14 days before the care application is heard.

(5) The parents, and their lawyer, are entitled to listen to or view each recording, on one or more occasions, before the care application is heard.

(6) The Children’s Court may, on application of the parents of a child or young person the subject of a care application, direct the Director-General to cause a copy of any recording proposed to be used in evidence in the care application to be served on the parents.