Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_172c
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 172C
Character Range: 233203–234598

172C  Meaning of recorded statement for this Division
 (1) In this Division:
recorded statement means:
 (a) an audiovisual recording:
 (i) of a complainant answering questions of a police officer in relation to the investigation of a domestic violence offence; and
 (ii) made by a police officer; or
 (b) an audio recording that complies with paragraph (a):
 (i) if the complainant does not consent to an audiovisual recording; or
 (ii) in exceptional circumstances.
Note: An example of exceptional circumstances is technical difficulties with the visual aspect of the recording identified following the making of the recording.
 (2) A police officer must, before making a recorded statement, tell the complainant that:
 (a) the recorded statement may be used in evidence at a hearing; and
 (b) if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and
 (c) the complainant does not have to consent to the recording.
 (3) In this section:
police officer includes a person who is a member of the police force of a State or another Territory if:
 (a) provisions of the law of that State or Territory correspond (or substantially correspond) to this Division; and
 (b) the person is trained in the taking of evidence under those provisions.

Subdivision B—Evidence may be given in closed court