{"id":"evidence-visual-recording-of-interviews-with-children-and-persons-with-mental-impairment-regulations-2004","name":"Evidence (Visual Recording of Interviews with Children and Persons with Mental Impairment) Regulations 2004","slug":"evidence-visual-recording-of-interviews-with-children-and-persons-with-mental-impairment-regulations","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176626,"registerId":"wa-evidence-visual-recording-of-interviews-with-children-and-persons-with-mental-impairment-regulations-2004-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Evidence (Visual Recording of Interviews with Children and Persons with Mental Impairment) Regulations 2004","content":"![Crest]()Western Australia\n\nEvidence Act 1906\n\nEvidence (Visual Recording of Interviews with Children and Persons with Mental Impairment) Regulations 2004\n\nWestern Australia\n\nEvidence (Visual Recording of Interviews with Children and Persons with Mental Impairment) Regulations 2004\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\n4A. Authorisation of persons 2\n\n4. Prescribed class of persons — s. 106HA(1)(a) and (1a)(a) 2\n\n5. Prescribed requirements and extent to which they are to be met — s. 106HA(1)(b) 3\n\n6A. Prescribed requirements and extent to which they are to be met — s. 106HA(1a)(b) 4\n\n6. Opportunity of accused to view visually recorded interview — s. 106HB(2)(b) 5\n\n7. Certificate to accompany visually recorded interview 5\n\nNotes\n\nCompilation table 7\n\nUncommenced provisions table 7\n\nOther notes 7\n\nDefined terms\n\n  \n\nWestern Australia\n\nEvidence Act 1906\n\nEvidence (Visual Recording of Interviews with Children and Persons with Mental Impairment) Regulations 2004\n\n##### 1. Citation\n\nThese regulations are the *Evidence (Visual Recording of Interviews with Children and Persons with Mental Impairment) Regulations 2004* 1.\n\n[Regulation 1 amended: Gazette 20 May 2014 p. 1600.]\n\n##### 2. Commencement\n\nThese regulations come into operation on the same day as the *Criminal Law Amendment (Sexual Assault and Other Matters) Act 2004* comes into operation 1.\n\n##### 3. Terms used\n\n(1) In these regulations —\n\nCommissioner of Police means the Commissioner of Police appointed under the *Police Act 1892* section 5;\n\ndepartment means the department of the Public Service principally assisting in the administration of the *Children and Community Services Act 2004*;\n\nrelevant person means a person —\n\n(a) who is a member of the Police Force; or\n\n(b) authorised by the Commissioner of Police under regulation 4A; or\n\n(c) who is an officer as defined in the *Children and Community Services Act 2004* section 3;\n\nsection means a section of the Act.\n\n(2) If a word or expression used in these regulations is defined in section 106A then it has the same meaning in these regulations.\n\n[Regulation 3 amended: Gazette 20 May 2014 p. 1600.]\n\n##### 4A. Authorisation of persons\n\nThe Commissioner of Police may, by notice in writing, authorise a person who is engaged by the Western Australian Police Service under a contract for services, or otherwise, to be a relevant person for the purposes of these regulations.\n\n[Regulation 4A inserted: Gazette 20 May 2014 p. 1600.]\n\n##### 4. Prescribed class of persons — s. 106HA(1)(a) and (1a)(a)\n\nFor the purposes of section 106HA(1)(a) and (1a)(a) a person is of the prescribed class if —\n\n(a) the person is a relevant person and has successfully completed a training course about conducting interviews of a kind mentioned in section 106HA(1) or (1a) —\n\n(i) provided by the Western Australian Police Service; or\n\n(ii) provided by the department; or\n\n(iii) approved in writing by the Commissioner of Police;\n\nor\n\n(b) the person —\n\n(i) is a member of the police force or police service of the Commonwealth or of another State or a Territory; and\n\n(ii) is authorised under a law of the Commonwealth or of another State or a Territory to conduct interviews with a child or a person with a mental impairment in the circumstances set out in section 106HA(1)(a) or (1a)(a).\n\n[Regulation 4 inserted: Gazette 20 May 2014 p. 1601.]\n\n##### 5. Prescribed requirements and extent to which they are to be met — s. 106HA(1)(b)\n\nFor the purposes of section 106HA(1)(b) an interview meets the prescribed requirements if it was —\n\n(a) conducted in such a manner that, as far as is practicable, statements made by the child in the interview were not elicited by the use of leading questions; and\n\n(b) where the child is under the age of 12 years, conducted in such a manner —\n\n(i) that the child appears to understand that participating in the interview is a serious matter and that in giving the interview the child has an obligation to tell the truth; or\n\n(ii) that it is apparent that the child has reached a level of cognitive development that enables the child to understand and respond rationally to questions and to give an intelligible account of his or her experiences;\n\nand\n\n(c) conducted or recorded in a manner that provides all, or most, of the following information —\n\n(i) the date on which the recording was made;\n\n(ii) the place at which the recording was made;\n\n(iii) the identity of all persons who were present at any time during the interview;\n\n(iv) any breaks in the interview, the time the break commenced and concluded and the reasons for the break.\n\n##### 6A. Prescribed requirements and extent to which they are to be met — s. 106HA(1a)(b)\n\nFor the purposes of section 106HA(1a)(b) an interview meets the prescribed requirements if it was —\n\n(a) conducted in such a manner that, as far as is practicable, statements made by the person with a mental impairment in the interview were not elicited by the use of leading questions; and\n\n(b) conducted in such a manner that it is apparent that the person —\n\n(i) understands that the giving of evidence is a serious matter and that the person must tell the truth; and\n\n(ii) has a level of cognitive functioning that enables the person to give an intelligible account of his or her experiences;\n\nand\n\n(c) conducted or recorded in a manner that provides all, or most, of the following information —\n\n(i) the date on which the recording was made;\n\n(ii) the place at which the recording was made;\n\n(iii) the identity of all persons who were present at any time during the interview;\n\n(iv) any breaks in the interview, the time the break commenced and concluded and the reasons for the break.\n\n[Regulation 6A inserted: Gazette 20 May 2014 p. 1601-2.]\n\n##### 6. Opportunity of accused to view visually recorded interview — s. 106HB(2)(b)\n\nThe accused and his or her counsel have been given a reasonable opportunity to view a visually recorded interview for the purposes of section 106HB(2)(b), if —\n\n(a) at least 3 clear days prior notice in writing has been given to the accused or his or her counsel specifying —\n\n(i) at least 2 occasions during normal office hours when the interview may be viewed; and\n\n(ii) the place where the interview may be viewed;\n\nand\n\n(b) the interview was available to be viewed at the place specified in the notice on each occasion specified in the notice.\n\n[Regulation 6 amended: Gazette 11 Mar 2008 p. 820.]\n\n##### 7. Certificate to accompany visually recorded interview\n\n(1) A person who conducts a visually recorded interview is to certify that —\n\n(a) he or she —\n\n(i) is a person of a class prescribed under section 106HA(1)(a) or (1a)(a); and\n\n(ii) conducted the interview;\n\nand\n\n(b) the details specified in the certificate are true and correct.\n\n(2) A certificate is to specify —\n\n(a) sufficient details to identify the visually recorded interview in respect of which it is given; and\n\n(b) the name, and contact details, of the person who conducted the interview; and\n\n(c) details showing that the person is a person of a class prescribed under section 106HA(1)(a) or (1a)(a).\n\n(3) A certificate given or purporting to be given under this regulation —\n\n(a) is admissible as evidence of the facts specified in the certificate; and\n\n(b) in the absence of proof to the contrary, is proof of those facts.\n\n(4) A person must not give any information that is false or misleading in a certificate.\n\nPenalty: $2 000.\n\n[Regulation 7 amended: Gazette 20 May 2014 p. 1602.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Evidence (Visual Recording of Interviews with Children and Persons with Mental Impairment) Regulations 2004* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Evidence (Visual Recording of Interviews with Children) Regulations 2004* 1 | 31 Dec 2004 p. 7147‑50 | 1 Jan 2005 (see r. 2 and *Gazette* 31 Dec 2004 p. 7130) |\n| *Evidence (Visual Recording of Interviews with Children) Amendment Regulations 2008* | 11 Mar 2008 p. 819‑20 | r. 1 and 2: 11 Mar 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 12 Mar 2008 (see r. 2(b)) |\n| *Evidence (Visual Recording of Interviews with Children) Amendment Regulations 2014* | 20 May 2014 p. 1599-602 | r. 1 and 2: 20 May 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 21 May 2014 (see r. 2(b)) |\n| **Reprint 1: The *Evidence (Visual Recording of Interviews with Children and Persons with Mental Impairment) Regulations 2004* as at 1 Aug 2014** (includes amendments listed above) | | |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website.\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Evidence Act 2025* assented to 25 Sep 2025 s. 387(f) | | To be proclaimed (see s. 2(e)) |\n\n\nOther notes\n\n1 Now known as the *Evidence (Visual Recording of Interviews with Children and Persons with Mental Impairment) Regulations 2004*; citation changed (see note under r. 1).\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\nCommissioner of Police 3(1)\n\ndepartment 3(1)\n\nrelevant person 3(1)\n\nsection 3(1)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has expanded from its original scope. The original 2004 regulations (as indicated by the initial citation 'Evidence (Visual Recording of Interviews with Children) Regulations 2004') applied only to children. The 2014 amendments inserted regulation 6A and changed the title to explicitly include 'Persons with Mental Impairment', extending the protective video interview framework to this additional vulnerable group. This represents a significant expansion of the regulatory scheme's coverage while maintaining the same procedural structure."},"complexity_factors":["Short length (7 regulations plus definitions)","Minimal cross-referencing (primarily references to sections 106HA and 106HB of the parent Evidence Act 1906)","Simple conditional structure (if/then requirements without nested exceptions)","Only 4 defined terms in the interpretation section","Clear separation between requirements for children (regulation 5) and persons with mental impairment (regulation 6A)","Straightforward penalty provision (single fine amount in regulation 7(4))","No delegated legislative powers or complex machinery provisions"],"plain_english_summary":"These regulations set out the rules for how police and child protection officers in Western Australia must conduct video-recorded interviews with children and people with mental impairments who are alleged victims of crime.\n\n**What it does:**\n- **Sets training requirements**: Only specific people can conduct these interviews—police officers, authorised child protection officers, or contractors approved by the Police Commissioner. They must complete specialised training.\n- **Establishes interview standards**: The rules require interviews to avoid leading questions (questions that suggest the answer), ensure the person understands they must tell the truth, and capture key details like dates, locations, who was present, and any breaks.\n- **Protects vulnerable witnesses**: Special protections apply for children under 12 and people with mental impairments, requiring interviewers to check they can understand questions and give clear answers.\n- **Ensures fair process for accused**: People accused of crimes must get at least 3 days' written notice and at least two opportunities to view the video recording during office hours before it can be used in court.\n- **Requires certification**: Interviewers must sign a certificate confirming they followed the rules, which becomes official evidence in court unless proven false.\n\n**Who it affects:**\n- Children (under 18) and people with mental impairments who are interviewed as alleged victims of crime\n- Police officers and child protection workers conducting interviews\n- Defence lawyers and accused persons in criminal proceedings\n- Courts deciding whether video evidence is admissible\n\n**Why it matters:**\nThese rules protect vulnerable witnesses from traumatic court appearances by allowing their video statements to be used as evidence, while ensuring the process is fair and reliable. The regulations balance protecting victims with protecting the rights of the accused to challenge evidence against them."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. The page has been removed from its original URL due to a system upgrade on the Western Australian legislation website."},"complexity_factors":["No actual legislative text was retrievable — the page returned a 'no longer available' error message","Cannot assess true complexity without the regulation's content","Score reflects minimum uncertainty rather than any assessed legal complexity","Title suggests the actual regulation may involve moderately technical evidentiary and procedural rules, but this cannot be confirmed"],"plain_english_summary":"This regulation governs video-recorded interviews of children and people with mental impairment in Western Australia — who may conduct them, how recordings should be made and stored, and when a recording can be used in court to avoid subjecting vulnerable witnesses to repeated live testimony. The exact text isn’t available here; check the WA legislation website for the current regulation."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulations were expanded from a children‑only regime to explicitly include persons with mental impairment (reflected in the re‑title and inserted reg 6A). They also introduced explicit authority for the Commissioner to authorise contracted interviewers (reg 4A), broadened training/approval routes for prescribed interviewers (reg 4), and added procedural and certification requirements (reg 5, reg 6A, reg 7), thereby extending the set of protected witnesses and formalising authorisation, training and admissibility mechanics."},"complexity_factors":["Cross-references to Evidence Act sections 106HA and 106HB create conditional legal tests and external dependencies (regs 4, 5, 6, 6A, 7).","Multiple classes of authorised interviewers: police members, authorised contracted persons, and department officers, with Commissioner discretion to authorise contractors (reg 3(1), reg 4A, reg 4).","Different evidential thresholds and cognitive tests for children (including a special rule for under‑12s) versus persons with mental impairment, producing parallel but non‑identical requirements (regs 5 and 6A).","Procedural requirements for recording metadata (date, place, attendees, breaks) increase documentary burden and create potential admissibility disputes (regs 5(c), 6A(c)).","Certification regime that creates presumptive proof of facts and a criminal penalty for false statements, shifting evidential burden and compliance risk onto interviewers (reg 7).","Notice and access obligations for the accused (minimum 3 clear days, specified viewing occasions and place) create timing and logistical constraints on investigators (reg 6).","Interjurisdictional recognition of authorised interviewers from other States/Territories/Commonwealth adds complexity when multi‑jurisdictional agencies are involved (reg 4(b)).","Amendments and title change (to include persons with mental impairment) and reference to an uncommenced Evidence Act update introduce future legal uncertainty (Compilation table; Other notes)."],"plain_english_summary":"These regulations set who may conduct and certify visually recorded interviews of children and people with mental impairment, specify how interviews must be conducted and recorded for admissibility, and require notice and viewing opportunities for the accused. They affect police, authorised interviewers (including contracted staff and certain department officers), counsel and accused persons. The instrument’s stated objective is to protect vulnerable witnesses and improve reliability; doing so imposes training, record‑keeping, certification and access obligations on interviewers and gives the Commissioner of Police discretion to authorise and approve trainers."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/evidence-visual-recording-of-interviews-with-children-and-persons-with-mental-impairment-regulations","history":"/api/acts/evidence-visual-recording-of-interviews-with-children-and-persons-with-mental-impairment-regulations/history","analysis":"/api/acts/evidence-visual-recording-of-interviews-with-children-and-persons-with-mental-impairment-regulations/analysis","conflicts":"/api/acts/evidence-visual-recording-of-interviews-with-children-and-persons-with-mental-impairment-regulations/conflicts","importantCases":"/api/acts/evidence-visual-recording-of-interviews-with-children-and-persons-with-mental-impairment-regulations/important-cases","documents":"/api/acts/evidence-visual-recording-of-interviews-with-children-and-persons-with-mental-impairment-regulations/documents"}}