{"id":"evidence-visual-recording-of-interviews-with-children-regulations-2004","name":"Evidence (Visual Recording of Interviews with Children) Regulations 2004","slug":"evidence-visual-recording-of-interviews-with-children-regulations-2004","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176628,"registerId":"wa-evidence-visual-recording-of-interviews-with-children-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) 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":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument was expanded from recordings of children only to include persons with mental impairment (reflected in 2014 amendments and insertion of reg 6A). It also added explicit authorisation for contracted or non-sworn interviewers and tightened certification, training and viewing rules (see regs 4, 4A, 6A, 6, 7)."},"complexity_factors":["Cross-references to Evidence Act sections (s.106HA, s.106HB) creating dependence on primary Act definitions and thresholds","Multiple prescribed procedural standards that require factual assessments (e.g. ‘as far as is practicable’, cognitive capacity, avoidance of leading questions)","Commissioner of Police discretion to authorise persons and approve training (reg 4A, reg 4)","Evidentiary rule for certificates that shifts burden absent proof to rebut (reg 7(3))","Specific notice and access timing requirements for the accused (3 clear days; 2 viewing occasions) (reg 6)","Penalty for false or misleading certificate (fixed monetary amount) (reg 7(4))","Inter-jurisdictional recognition of police/authorised officers from other States/Territories (reg 4(b))"],"plain_english_summary":"**What this does (mechanics):** These regulations prescribe who may conduct visually recorded interviews of children and people with a mental impairment, the procedural standards for those interviews (avoidance of leading questions; evidence of understanding/cognitive capacity; recording date/place/participants/breaks), certification that the interviewer met the rules, and access rules for the accused. (Regs 4, 5, 6A, 7.)\n\n**Who decides and who bears costs:** The Commissioner of Police may authorise interviewers (including contracted staff) and approve training; interviewers must comply with procedural and certification obligations or face a penalty. (Regs 4A, 4, 7.)"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The legislation has expanded beyond its original scope. The original 2004 regulations (as indicated by the initial citation 'Evidence (Visual Recording of Interviews with Children) Regulations 2004') only covered interviews with children. The 2014 amendments inserted regulation 6A and expanded regulation 4 to include 'persons with mental impairment', resulting in the current title 'Evidence (Visual Recording of Interviews with Children and Persons with Mental Impairment) Regulations 2004'. This represents a significant expansion of the protective scheme to include an additional vulnerable class of witnesses."},"complexity_factors":["Short length (7 regulations plus notes)","Only 4 defined terms in the interpretation section (regulation 3)","Minimal cross-referencing (primarily to sections 106HA and 106HB of the parent Evidence Act 1906)","Clear structure with parallel provisions for children (regulation 5) and persons with mental impairment (regulation 6A)","Some conditional logic (e.g., 'as far as is practicable', 'all, or most of' the information requirements) but not deeply nested","Straightforward penalty provision (single offence in regulation 7(4))"],"plain_english_summary":"These regulations set out the rules for how police and child protection officers in Western Australia can video-record interviews with children and people with mental impairments who are alleged victims of sexual or serious physical abuse. The goal is to ensure these vulnerable witnesses can give their evidence in a way that protects them from the trauma of testifying in court.\n\n**Key things the regulations do:**\n\n*   **Who can conduct interviews:** Only specially trained police officers, child protection workers, or authorised contractors can conduct these recorded interviews. The regulations specify what training they need.\n*   **How interviews must be conducted:**\n    *   Interviewers must avoid \"leading questions\" (questions that suggest the answer) as much as possible.\n    *   For children under 12, the interviewer must check the child understands they must tell the truth, or that they are old enough to understand and answer questions properly.\n    *   For people with mental impairments, the interviewer must check they understand the seriousness of giving evidence and are capable of giving a clear account.\n    *   The recording must show the date, location, who was present, and any breaks in the interview.\n*   **Defendant's rights:** A person accused of a crime (the accused) must be given at least 3 days' notice and at least two opportunities to view the video recording before it can be used in court.\n*   **Certificates:** The person who conducts the interview must sign a certificate confirming they were qualified to do it and that the details are correct. This certificate acts as proof in court unless someone proves otherwise.\n*   **Penalties:** It is an offence to give false or misleading information in a certificate, with a fine of up to $2,000.\n\n**Why it matters:** These rules protect vulnerable witnesses from having to repeat traumatic evidence in court, while ensuring the video evidence is reliable and that defendants still get a fair chance to see the 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":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was provided. The URL returned only a system error page indicating the content has moved or been removed from the Western Australian legislation website."},"complexity_factors":["No legislative content was retrievable — only a broken page notice was returned","Complexity cannot be meaningfully assessed without the actual text of the Regulations","Score of 1 reflects the absence of content, not the simplicity of the underlying law"],"plain_english_summary":"The requested page for the Evidence (Visual Recording of Interviews with Children) Regulations 2004 (WA) is unavailable, so no analysis can be done from the source. To review the regulations, check legislation.wa.gov.au or contact the Parliamentary Counsel’s Office Helpdesk. \n\nBy title, the instrument governs how video-recorded interviews with child witnesses or victims may be made and used as evidence in Western Australian proceedings, protecting vulnerable children in court processes."}},"importantCases":[],"_links":{"self":"/api/acts/evidence-visual-recording-of-interviews-with-children-regulations-2004","history":"/api/acts/evidence-visual-recording-of-interviews-with-children-regulations-2004/history","analysis":"/api/acts/evidence-visual-recording-of-interviews-with-children-regulations-2004/analysis","conflicts":"/api/acts/evidence-visual-recording-of-interviews-with-children-regulations-2004/conflicts","importantCases":"/api/acts/evidence-visual-recording-of-interviews-with-children-regulations-2004/important-cases","documents":"/api/acts/evidence-visual-recording-of-interviews-with-children-regulations-2004/documents"}}