Explanatory Memorandum
(Circulated by authority of the Attorney-General and Minister for Industrial Relations, the Hon Christian Porter MP)Schedule 2 - Use of video recordings
Crimes Act 1914
11. Schedule 2 will strengthen the protections in Part IAD of the Crimes Act for vulnerable witnesses (such as children) who give evidence in particular criminal proceedings, including for Commonwealth child sex offences and human trafficking and slavery offences.
12. Under the existing section 15YM, the leave of the court is required before a video recording of a person may be admitted as evidence in chief for a vulnerable witness. The video recorded interview must be conducted by a constable or other specified person. Currently, the court must not give leave if it is satisfied that it is not in the interests of justice for video recorded evidence in chief to be given.
13. If contested by the defence, the requirement to seek leave in section 15YM may have an adverse effect on the vulnerable witness and is contrary to the intent of the vulnerable witness protections more broadly.
14. Accordingly, these provisions remove the requirement for the court to grant leave before admitting a video recording of an interview of a vulnerable person as evidence in chief. The recorded interview will still need to be conducted by a constable or a specified person.
15. The evidence in chief interviews remain subject to the rules of evidence and parts may be ruled inadmissible, thereby protecting the rights of the accused person. There are sufficient safeguards in place that the defence will not be unreasonably disadvantaged by removing the requirement in 15YM to seek leave. On balance, any disadvantages to the defence are outweighed by the uncertainty, delay and inefficiency caused by the requirement to seek leave.
16. Removing the requirement to seek leave also brings the Commonwealth's vulnerable witness protections into line with the approach taken by states and territories.
Item 1 -Subsection 15YM(1)
17. Item 1 repeals the current subsection 15YM(1) and substitutes a new subsection which allows for evidence in chief of a vulnerable witness to be admitted as evidence in chief if a specified person conducted their interview.
Item 2 -Subsections 15YM(2) and (3)
18. Item 2 repeals subsections (2) and (3) which will no longer be required as the court will not need to hear submissions for leave to be granted.
Item 3 - Application and saving provisions
19. Subitem 3(1) ensures that the amendments made by this Schedule only apply to proceedings begun on or after the commencement of the Bill.
20. Subitem 3(2) ensures that any regulations made for the purposes of paragraph 15YM(1)(a) of the Crimes Act prior to introduction and commencement of this Bill will continue to have effect.
Copyright notice
© Australian Taxation Office for the Commonwealth of Australia
You are free to copy, adapt, modify, transmit and distribute material on this website as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).
