sec.103FWhen recorded statement is made with informed consent

### sec.103F When recorded statement is made with informed consent A recorded statement is made with the informed consent of a complainant if the making of the recorded statement complies with this section. A police officer taking the recorded statement must, before or at the time of starting to take the recorded statement, explain all of the following matters to the complainant— that the recorded statement may be presented as the complainant’s evidence-in-chief in a court; that the recorded statement may be disclosed to, and used by, the accused person and other persons regardless of whether the recorded statement is presented as the complainant’s evidence-in-chief; that, if the recorded statement is presented as the complainant’s evidence-in-chief, the complainant may be required to— confirm, or testify about, the truthfulness of the recorded statement in the court; and give further evidence in the court; that the complainant may refuse to consent to the making of the recorded statement; that, if the complainant consents to the making of the recorded statement, the complainant may withdraw their consent at any time while the recorded statement is being taken by the police officer; any other matter the police officer considers relevant and necessary. the existence of offences in subdivision 4 relating to particular unauthorised uses and publication of recorded statements or transcripts of recorded statements the limitations on disclosure of recorded statements under the Criminal Code , section 590AOB the ability for an application to be made for an order under the Domestic and Family Violence Protection Act 2012 After being given an explanation of the matters mentioned in subsection (2) , the complainant must indicate in the recorded statement that the complainant— understands the matters; and consents to the making of the recorded statement. s 103F ins 2022 No. 12 s 37 amd 2025 No. 18 s 46 (sec.103F-ssec.1) A recorded statement is made with the informed consent of a complainant if the making of the recorded statement complies with this section. (sec.103F-ssec.2) A police officer taking the recorded statement must, before or at the time of starting to take the recorded statement, explain all of the following matters to the complainant— that the recorded statement may be presented as the complainant’s evidence-in-chief in a court; that the recorded statement may be disclosed to, and used by, the accused person and other persons regardless of whether the recorded statement is presented as the complainant’s evidence-in-chief; that, if the recorded statement is presented as the complainant’s evidence-in-chief, the complainant may be required to— confirm, or testify about, the truthfulness of the recorded statement in the court; and give further evidence in the court; that the complainant may refuse to consent to the making of the recorded statement; that, if the complainant consents to the making of the recorded statement, the complainant may withdraw their consent at any time while the recorded statement is being taken by the police officer; any other matter the police officer considers relevant and necessary. the existence of offences in subdivision 4 relating to particular unauthorised uses and publication of recorded statements or transcripts of recorded statements the limitations on disclosure of recorded statements under the Criminal Code , section 590AOB the ability for an application to be made for an order under the Domestic and Family Violence Protection Act 2012 (sec.103F-ssec.3) After being given an explanation of the matters mentioned in subsection (2) , the complainant must indicate in the recorded statement that the complainant— understands the matters; and consents to the making of the recorded statement. - (a) that the recorded statement may be presented as the complainant’s evidence-in-chief in a court; - (b) that the recorded statement may be disclosed to, and used by, the accused person and other persons regardless of whether the recorded statement is presented as the complainant’s evidence-in-chief; - (c) that, if the recorded statement is presented as the complainant’s evidence-in-chief, the complainant may be required to— (i) confirm, or testify about, the truthfulness of the recorded statement in the court; and (ii) give further evidence in the court; - (i) confirm, or testify about, the truthfulness of the recorded statement in the court; and - (ii) give further evidence in the court; - (d) that the complainant may refuse to consent to the making of the recorded statement; - (e) that, if the complainant consents to the making of the recorded statement, the complainant may withdraw their consent at any time while the recorded statement is being taken by the police officer; - (f) any other matter the police officer considers relevant and necessary. Examples of other matters that may be considered relevant and necessary— • the existence of offences in subdivision 4 relating to particular unauthorised uses and publication of recorded statements or transcripts of recorded statements • the limitations on disclosure of recorded statements under the Criminal Code , section 590AOB • the ability for an application to be made for an order under the Domestic and Family Violence Protection Act 2012 - • the existence of offences in subdivision 4 relating to particular unauthorised uses and publication of recorded statements or transcripts of recorded statements - • the limitations on disclosure of recorded statements under the Criminal Code , section 590AOB - • the ability for an application to be made for an order under the Domestic and Family Violence Protection Act 2012 - (i) confirm, or testify about, the truthfulness of the recorded statement in the court; and - (ii) give further evidence in the court; - • the existence of offences in subdivision 4 relating to particular unauthorised uses and publication of recorded statements or transcripts of recorded statements - • the limitations on disclosure of recorded statements under the Criminal Code , section 590AOB - • the ability for an application to be made for an order under the Domestic and Family Violence Protection Act 2012 - (a) understands the matters; and - (b) consents to the making of the recorded statement.