South Australian Consolidated Acts South Australian Consolidated Acts13C—Court's power to make audio visual record of evidence of vulnerable
witnesses in criminal proceedings
(1) If a vulnerable
witness is to give evidence in criminal proceedings, the following provisions
apply:
(a) in
the case of a vulnerable witness who is a child of or under the age of 16
years and who is the alleged victim of a sexual offence—the court must
order that an audio visual record be made of the witness's evidence before the
court (unless an order has already been made in respect of the witness's
evidence under section 13A(2)(b));
(b) in
the case of any other vulnerable witness—the court may, on application
by the prosecution, order that an audio visual record be made of the witness's
evidence before the court if—
(i)
the facilities necessary for making an audio visual
record of the evidence are readily available to the court; and
(ii)
it is otherwise practicable to make such a record.
(2) Subject to
subsection (3), an audio visual record of evidence (whether made by order
under this section or section 13A(2)(b)) is to be kept in the custody of
the court and access to the record is to be restricted to court officials who
are responsible for its custody.
(3) The court (or a
superior court) may authorise a person to take custody of the audio visual
record of evidence, or to have some other form of access to it, if satisfied
that the custody or access is reasonably necessary for the purposes of related
proceedings that have been commenced or are in contemplation.
(4) Despite any other
law, access to an audio visual record of evidence is not to be allowed except
as provided by this section.