Part IAD
-
Protecting vulnerable persons
History
Pt IAD heading substituted by No 74 of 2013, s 3 and Sch 2 item 1, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013. The heading formerly read:
Part IAD
-
Protection of children in proceedings for sexual offences
Pt IAD inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.
Division 2A
-
Evidence recording hearings
History
Div 2A inserted by No 114 of 2024, s 3 and Sch 1 item 27, effective 11 December 2024. No 114 of 2024, s 3 and Sch 1 item 59 contains the following transitional provision:
59 Transitional
-
proceedings in progress
59
Despite the amendments made by this Schedule, Part
IAD
of the
Crimes Act 1914
, as in force immediately before 11 December 2024, continues to apply in relation to a proceeding begun, but not completed, before 11 December 2024.
SECTION 15YDD
Evidence must be recorded
(1)
A recording must be made of the evidence given by the vulnerable person at the evidence recording hearing.
(1A)
The recording must be a video recording unless the court is satisfied that extraordinary circumstances require the use of audio recording only.
(2)
The recording of the evidence must:
(a)
be played at the hearing of the proceeding; and
(b)
be admitted in evidence as the vulnerable person
'
s evidence at the hearing as if the vulnerable person gave the evidence at the hearing in person.
(3)
Subsection
(2)
has effect subject to section
15YDE
(admissibility of evidence).
History
S 15YDD inserted by No 114 of 2024, s 3 and Sch 1 item 27, effective 11 December 2024. For transitional provision, see note under
Div 2A of Pt IAD
heading.