EVIDENCE (CHILDREN) ACT 1997 - SECT 11 Child entitled to give evidence in chief in form of recording

This legislation has been repealed.

EVIDENCE (CHILDREN) ACT 1997 - SECT 11

11 Child entitled to give evidence in chief in form of recording

(1) A child is entitled to give, and may give, evidence in chief of a previous representation to which this Part applies made by the child wholly or partly in the form of a recording made by an investigating official of the interview in the course of which the previous representation was made and that is viewed or heard, or both, by the court. The child must not be present in, or be visible or audible to the court by closed-circuit television or by means of any similar technology, while it is viewing or hearing the recording.

(1AA) Despite subsection (1), a child may, if the child so chooses, be present in court while it is viewing or hearing a recording as referred to in that subsection.

(1A) Subject to section 15, a child who is 16 or more but less than 18 years of age at the time evidence is given is entitled to give, and may give, evidence as referred to in subsection (1) of a recording of a previous representation to which this Part applies made by the child when the child was less than 16 years of age.

Note: Under section 15 a court may order that a child not give evidence in the form of a recording if it is satisfied that it is not in the interests of justice for the evidence to be given by a recording.

(2) If a child who gives evidence as referred to in subsection (1) is not the accused person in the proceeding, the child must subsequently be available for cross-examination and re-examination:

(a) orally in the courtroom, or

(b) if the evidence is given in any proceeding to which Part 4 applies--in accordance with alternative arrangements made under section 13.

(3) Section 5BBA of the Evidence (Audio and Audio Visual Links) Act 1998 does not apply to evidence given as referred to in subsection (1).