289IAdmissibility of recorded evidence

#### 289I Admissibility of recorded evidence 289I Admissibility of recorded evidence > > (1) The hearsay rule and the opinion rule (within the meaning of the [Evidence Act 1995](/view/html/inforce/current/act-1995-025)) do not prevent the admission or use of evidence of a representation in the form of a recorded statement. > > > (2) Evidence of a representation of a complainant that is given in the form of a recorded statement is not to be admitted unless the accused person was given, in accordance with Division 3, a reasonable opportunity to listen to, and, in the case of a video recording, view the recorded statement. > > > (3) However, the recorded statement may be admitted even if the requirements of Division 3 have not been complied with if the court is satisfied that— > > > > > (a) the parties consent to the recorded statement being admitted, or > > > > > (b) the accused person or his or her Australian legal practitioner (if any) have been given a reasonable opportunity otherwise than in accordance with Division 3 to listen to or view the recorded statement and it would be in the interests of justice to admit the recorded statement. > > **ch 6, pt 4B, divs 1–3 (ss 289C–289M):** Ins 2014 No 83, Sch 1 \[19\].