New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 281B

281B Sensitive evidence-meaning

(1) For the purposes of this Part, anything that contains or displays an image of a person (the "protected person") is "sensitive evidence" if:

(a) the image is obscene or indecent, or

(b) providing a copy of the image to another person without the protected person’s consent would interfere with the protected person’s privacy, or

(c) the image was taken after the death of the protected person.

(2) Without limiting subsection (1), the following are examples of sensitive evidence:

(a) a photograph of an alleged sexual assault victim, taken in connection with a criminal investigation or criminal proceedings, that shows the person’s genitalia or otherwise shows the person in a state of undress,

(b) a video, held or seized by a prosecuting authority, showing a person committing a sexual offence,

(c) a computer hard drive, held or seized by a prosecuting authority, containing images of child pornography,

(d) a photograph of a deceased person taken in connection with a post mortem examination,

(e) a photograph of a deceased person taken at a crime scene.

(3) In determining whether a thing is obscene or indecent, the fact that the thing was brought into existence, or is in the possession of a prosecuting authority, for the purpose of providing evidence of an offence is to be disregarded.