EVIDENCE ACT 1929 - SECT 67H
EVIDENCE ACT 1929 - SECT 67H
67H—Meaning of sensitive material
(1) For the
purposes of this Division, "sensitive material" includes—
(a) the
whole or part of an audiovisual record, or the transcript of any such record,
of—
(i)
an interview of a witness to whom this paragraph applies
made pursuant to Part 17 Division 3 of the
Summary Offences Act 1953 ; or
(ii)
evidence of a witness to whom this paragraph applies at a
pre-trial special hearing conducted in accordance with section 12AB; and
(ab)
child exploitation material (within the meaning of section 62 of the
Criminal Law Consolidation Act 1935 ); and
(b)
anything that contains or displays an image of a person if—
(i)
the image is of the person engaged or apparently engaged
in a private act; or
(ii)
the image is of the victim, or alleged victim, of a
sexual offence or an offence of stalking under section 19AA of the
Criminal Law Consolidation Act 1935 ; or
(iii)
the image is of the person taken or made after the
person's death.
(2) A reference to
"sensitive material" extends to anything in a prosecuting authority's
possession that the prosecuting authority reasonably considers to be
sensitive material.
(3) Paragraph (a)
of subsection (1) applies to a witness—
(a) who
is—
(i)
a young child; or
(ii)
a person with a disability that adversely affects the
person's capacity to give a coherent account of the person's experiences or to
respond rationally to questions; and
(b) who
is the victim, or alleged victim, of a sexual offence.