Victorian Consolidated Legislation

Major Crime (Investigative Powers) Act 2004 - SECT 45

Video-recording of examination

45. Video-recording of examination



(1) The Chief Examiner must ensure that the examination of a witness before
the Chief Examiner is video-recorded.

(2) Subject to subsection (3), evidence of anything said by a witness at an
examination before the Chief Examiner is inadmissible as evidence against any
person in any proceedings unless the examination of the witness in its
entirety was video-recorded and the video-recording is available to be
tendered in evidence.

(3) A court may admit evidence of anything said by a witness at an examination
before the Chief Examiner that is otherwise inadmissible by reason of
subsection (2) if the court is satisfied on the balance of probabilities that
the circumstances-

   (a)  are exceptional; and

   (b)  justify the reception of the evidence.

(4) The Chief Examiner must ensure that a copy of the video-recording of an
examination of a witness is provided, on request, to the member of the police
force who applied for the coercive powers order with respect to which the
examination was conducted.