Crimes Act 1914

Part IAD - Protecting vulnerable persons  

Division 2A - Evidence recording hearings  

SECTION 15YDF   Access to recordings and transcripts  

Defendants ' access to recordings

(1)    
Neither a defendant in the proceeding nor the defendant ' s legal representative is entitled to be given a video or audio recording (the original recording ) made in an evidence recording hearing, or a copy of the original recording.

(2)    
However, they must be given reasonable access to the original recording in order to view or listen to it.

Note:

This may require access on more than one occasion.

(3)    
Neither the defendant nor the defendant ' s legal representative may:

(a)    make a recording (or other copy) of the original recording; or

(b)    do anything (whether directly or indirectly) that would damage or alter the original recording.

Transcripts

(4)    
The court must give each party to the proceeding and the jury (if any) access to, or a copy of, a transcript of the original recording.

(5)    
To avoid doubt, subsections (1) , (2) and (4) do not apply in relation to any part of a recording the court has refused to admit (see section 15YDE (admissibility of evidence)).

Offence

(6)    
A person commits an offence if:

(a)    the person:

(i) makes a recording (or other copy) of the original recording, or a part of the original recording; or

(ii) does anything (whether directly or indirectly) to damage or alter the original recording, or a part of the original recording; or

(iii) possesses or supplies the original recording, or a part of the original recording; or

(iv) possesses or supplies a copy of the original recording, or a part of the original recording; and

(b)    the person does so without lawful authority or excuse.

Penalty: Imprisonment for 12 months or 60 penalty units, or both.

(7)    
The fault element for paragraph (6)(a) is intention.