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Children and Young Persons (Care and Protection) Act 1998
64AEvidence in the form of a recording
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#### 64A Evidence in the form of a recording
64A Evidence in the form of a recording
> > (1) In this section, recording means—
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> > > (a) an audio recording, or
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> > > (b) a video recording, or
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> > > (c) a video recording accompanied by a separately but contemporaneously recorded audio recording.
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> > (2) If—
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> > > (a) any evidence in support of a care application in relation to a child or young person comprises a recording, and
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> > > (b) the Secretary considers it would be inappropriate for the parents of the child or young person to be given a copy of the recording,
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> > the Secretary may decline to cause a copy of the recording to be served on the parents under section 64(4) and, instead, must serve a notice on the parents that complies with subsection (3).
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> > (3) The notice must—
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> > > (a) be in writing, and
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> > > (b) specify each recording proposed to be used in evidence, and
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> > > (c) inform the parents that they, and their lawyer, are entitled to listen to or view the recording at a place nominated by the Secretary and at a mutually convenient time, and
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> > > (d) identify the person responsible for arranging access to each recording.
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> > (4) The notice must be given to the parents, or their lawyer, at least 14 days before the care application is heard.
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> > (5) The parents, and their lawyer, are entitled to listen to or view each recording, on one or more occasions, before the care application is heard.
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> > (6) The Children’s Court may, on application of the parents of a child or young person the subject of a care application, direct the Secretary to cause a copy of any recording proposed to be used in evidence in the care application to be served on the parents.
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> **s 64A:** Ins 2000 No 76, Sch 1 \[6\].