Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_174
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 174
Character Range: 236498–238148

174  Recorded statement—requirements
 (1) A recorded statement must be made:
 (a) as soon as practicable after the events mentioned in the statement happened; and
 (b) in the form of questions and answers.
Note: If the recorded statement is to be admitted as evidence in a proceeding, the rules of evidence apply to the content of the statement.
 (2) A recorded statement of a complainant must include the following:
 (a) the name of each person present during any part of the recording;
 (b) a statement by the complainant:
 (i) of the complainant's name, age and whether the complainant lives in Norfolk Island; and
 (ii) about the truth of the representations made by the complainant in the recorded statement.
 (3) As far as is practicable, a recorded statement must not contain an image of:
 (a) a child; or
 (b) a person who is intellectually impaired.
Note 1: For intellectually impaired, see section 165E.
Note 2: Audiovisual recording and the evidence of children and people with intellectual impairment is dealt with in Subdivision C of Division 2.
 (4) If any part of a recorded statement is in a language other than English:
 (a) the recorded statement must contain an English translation of the part; or
 (b) a separate written English translation of the part must accompany the recorded statement.
 (5) A recorded statement must not be edited or changed unless:
 (a) both parties consent to the edits or changes; or
 (b) the court hearing the proceeding in which the recorded statement is tendered otherwise orders.
Note: For paragraph (b), a court might, for example, order that the recording be edited to omit inadmissible material.