EVIDENCE ACT 1906 - SECT 106HC

EVIDENCE ACT 1906 - SECT 106HC

106HC .         Regulations about visual recording of interviews with children and persons with mental impairment

        (1)         The Governor may make regulations —

            (a)         prescribing classes of persons for the purposes of section 106HA(1)(a) by reference to the offices or positions held by them, or their training or experience, or any combination of those criteria; and

            (b)         prescribing requirements to be met for the purposes of section 106HA(1)(b), and the extent to which they are to be met, if section 106HB is to apply to a visual recording of an interview with a child; and

            (ba)         prescribing classes of persons for the purposes of section 106HA(1a)(a) by reference to the offices or positions held by them, or their training or experience, or any combination of those criteria; and

            (bb)         prescribing requirements to be met for the purposes of section 106HA(1a)(b), and the extent to which they are to be met, if section 106HB is to apply to a visual recording of an interview with a person with a mental impairment; and

            (c)         prescribing the manner in which the application of section 106HB to a visual recording of an interview with a child, or a person with a mental impairment, may be proved in proceedings; and

            (d)         regulating the playing, broadcasting, custody, possession, storage, copying, transcription, erasure or destruction of a visually recorded interview; and

            (e)         regulating the records that are to be kept about a visually recorded interview; and

            (f)         providing for access to a visually recorded interview by the prosecutor for the purposes of proceedings referred to in section 106HB; and

            (g)         providing for access to and use of a visually recorded interview for the purposes of proceedings in the Children’s Court or the Family Court whether or not it has been admitted in evidence under section 106HB; and

            (h)         providing for access to and use of a visually recorded interview otherwise than for the purposes of proceedings referred to in section 106HB or paragraph (g); and

                  (i)         prescribing any other matter that is necessary or convenient to be prescribed for the purposes of section 106HA or 106HB.

        (2)         The regulations may create offences and provide, in respect of an offence so created, for the imposition of a penalty not exceeding a fine of $100 000 with or without imprisonment for a term not exceeding 12 months.

        [Section 106HC inserted: No. 46 of 2004 s. 20; amended: No. 2 of 2008 s. 50.]