Document ID: chunk:federal_register_of_legislation:C2004A00908:clause:3_15ym
Version: federal_register_of_legislation:C2004A00908
Segment Type: clause
Provision Reference: sch 3 cl 15YM
Character Range: 68805–69725

15YM  Use of video recordings

 (1) A video recording of an interview of a child witness in a proceeding may be admitted as evidence in chief if:
 (a) a constable, or a person of a kind specified in the regulations, conducted the interview; and
 (b) the court gives leave.

 (2) The court must not give leave if satisfied that it is not in the interest of justice for the child's evidence in chief to be given by a video recording.

 (3) An application for leave under this section:
 (a) must be in writing; and
 (b) must not be determined before the court has considered such submissions and other evidence as it thinks necessary for determining the application.

 (4) The child witness must be available for cross‑examination and re‑examination if he or she gives evidence in chief by a video recording.

Note: Division 4 provides for this evidence to be given using closed‑circuit television or other arrangements.