289FComplainant may give evidence in chief in form of recording

289F Complainant may give evidence in chief in form of recording

289F Complainant may give evidence in chief in form of recording

(1) In proceedings for a domestic violence offence, a complainant may give evidence in chief of a representation made by the complainant wholly or partly in the form of a recorded statement that is viewed or heard by the court.

(2) A representation contained in a recorded statement may be in the form of questions and answers.

(3) A recorded statement must contain the following statements by the complainant—

(a) a statement as to the complainant’s age,

(b) a statement as to the truth of the representation,

(c) any other matter required by the rules.

(4) If the representation contained in a recorded statement, or part of it, is in a language other than English—

(a) the recorded statement must contain an English translation of the representation or part, or

(b) a separate written English translation of the representation or part must accompany the recorded statement.

(5) A complainant who gives evidence wholly or partly in the form of a recorded statement must subsequently be available for cross-examination and re-examination—

(a) orally in the courtroom, or

(b) in accordance with any other alternative arrangements permitted for the complainant under this or any other Act.

(6) This section does not prevent a complainant from giving evidence in any other manner permitted for the complainant under this Act or any other law.

ch 6, pt 4B, divs 1–3 (ss 289C–289M): Ins 2014 No 83, Sch 1 [19].