Evidence Bill 2025
Witness assistance measures Part 7
Admission of out-of-court representations Division 3
s. 236
page 189
(ii) a recorded interview that is admissible under1
Division 5.2
Compare:3
Evidence Act 1906 s. 106H(3)4
236. Admission of out-of-court representations5
(1) A court may admit into evidence an out-of-court representation6
made by a complainant if —7
(a) a transcript of the out-of-court representation or, if the8
out-of-court representation is not recorded in writing or9
electronically, details of the out-of-court representation10
have been given to the accused and the accused’s legal11
counsel; and12
(b) in the case of an out-of-court representation made to a13
police officer of this State that is recorded in a visual14
recording or audio recording —15
(i) a copy of the recording has been given to the16
accused’s legal counsel; or17
(ii) if the accused is not represented by legal counsel,18
the accused has been given a reasonable19
opportunity, in accordance with the regulations,20
to view the recording (if it is a visual recording)21
or to hear the recording (if it is an audio22
recording);23
and24
(c) in the case of an out-of-court representation that is25
recorded in a visual recording or audio recording, and26
which is not an out-of-court representation made to a27
police officer of this State, a copy of the recording has28
been given to the accused and the accused’s legal29
counsel; and30
(d) the accused is given an opportunity to cross-examine the31
complainant.32
Evidence Bill 2025
Part 7 Witness assistance measures
Division 3 Admission of out-of-court representations
s. 236
page 190
(2) Subsection (1)(b) and (c) refer to a copy of the original1
recording of an out-of-court representation that has not been2
altered, even if an altered version is to be played to the court.3
(3) If an out-of-court representation is admitted, evidence of the4
making and content of the out-of-court representation must be5
given by the person to whom the complainant made the6
out-of-court representation.7
(4) If an out-of-court representation is recorded in a written8
statement made in accordance with the Criminal Procedure9
Act 2004 Schedule 3 clause 4(1), the written statement may be10
admitted as evidence of the making and content of the11
out-of-court representation by the complainant.12
(5) If an out-of-court representation is recorded in a visual13
recording or an audio recording, the recording may be admitted14
as evidence of the making and content of the out-of-court15
representation by the complainant.16
(6) An out-of-court representation may be admitted into evidence17
whether or not the complainant is to give evidence in chief in18
the proceeding.19
(7) The admission of an out-of-court representation does not20
prevent a recorded interview or recorded statement being21
admitted as the evidence in chief of a complainant.22
(8) This section does not affect the operation of section 57.23
(9) In a child protection proceeding, this section does not affect the24
operation of the Children and Community Services Act 200425
section 150.26
(10) The accused is not entitled to be in possession of, or of a copy27
of —28
(a) a visual recording or audio recording of an out-of-court29
representation made to a police officer of this State; or30
(b) any visual recording or audio recording of evidence that31
incorporates a visual recording or audio recording of an32
Evidence Bill 2025
Witness assistance measures Part 7
Admission of recorded statements Division 4
s. 237
page 191
out-of-court representation made to a police officer of1
this State.2
Compare:3
Evidence Act 1906 s. 106H4
237. Application of rules of evidence5
(1) The hearsay rule does not prevent the admission or use of6
evidence of an out-of-court representation to prove the existence7
of an asserted fact.8
(2) The opinion rule does not prevent the admission or use of9
evidence of an opinion expressed by a complainant in an10
out-of-court representation to prove the existence of a fact about11
the existence of which the opinion was expressed.12
Division 4 — Admission of recorded statements13
238. Application of Division14
(1) This Division applies to the following proceedings —15
(a) a criminal proceeding for a family violence offence;16
(b) any other criminal proceeding in the circumstances17
specified in the regulations for the purposes of this18
paragraph.19
(2) A power to specify circumstances conferred by20
subsection (1)(b) includes a power to specify circumstances by21
reference to any of the following —22
(a) the type of offence to which the proceeding relates;23
(b) the characteristics of the complainant;24
(c) the court in which the proceedings are heard.25
(3) This Division and the regulations under this Division have26
effect in addition to, and do not limit the operation of, any other27
provision of this Act or any written law or principle or rule of28
common law or equity under which a recorded statement is29
admissible in a proceeding.30
Evidence Bill 2025
Part 7 Witness assistance measures
Division 4 Admission of recorded statements
s. 239
page 192
239. Terms used1
In this Division —2
recorded statement means a visual recording or audio recording3
of a statement made by a person to a police officer about an4
offence, not being a statement made by a person accused of the5
offence;6
statement admissibility regulations has the meaning given in7
section 241(1).8
240. Recorded statement admissible as evidence in chief9
(1) A recorded statement of a complainant is admissible under this10
Division as the whole or part of the evidence in chief of the11
complainant if the court is satisfied that —12
(a) the complainant consented to the creation of the13
recorded statement; and14
(b) the recorded statement was created as soon as15
practicable after the commission of the offence to which16
the proceeding relates; and17
(c) at the time the recorded statement was created, the18
complainant —19
(i) had reached 18 years of age; and20
(ii) was competent to give sworn or unsworn21
evidence; and22
(iii) was capable of giving consent to the creation of23
the recorded statement;24
and25
(d) in the recorded statement, the complainant —26
(i) states or confirms the complainant’s name and27
age; and28
(ii) indicates consent to the creation of the recorded29
statement; and30
Evidence Bill 2025
Witness assistance measures Part 7
Admission of recorded statements Division 4
s. 240
page 193
(iii) makes a declaration to the effect of1
subsection (2);2
and3
(e) the police officer who created the recorded statement —4
(i) was qualified to create the recorded statement5
under the statement admissibility regulations;6
and7
(ii) complied with the Criminal Investigation8
Act 2006 section 124B(3);9
and10
(f) the recorded statement meets any other requirements of11
the statement admissibility regulations to the extent12
required by those regulations.13
(2) The declaration required under subsection (1)(d)(iii) is as14
follows —15
This statement is true to the best of my knowledge and belief.16
I have made this statement knowing that, if it is tendered in17
evidence, I will be guilty of an offence if I have included in18
the statement anything that I know to be false or that I do not19
believe is true.20
(3) A person who, in a recorded statement that is tendered in21
evidence, makes a declaration to the effect of subsection (2) and22
includes anything in the statement that the person knows is false23
or that the person does not believe is true, commits a crime.24
Penalty for this subsection: imprisonment for 7 years.25
(4) A recorded statement is admissible under this Division —26
(a) even if the person who made the statement that is27
recorded is capable of giving evidence at the28
proceeding; and29
(b) even if the recorded statement was created before the30
proceeding commenced.31
Evidence Bill 2025
Part 7 Witness assistance measures
Division 4 Admission of recorded statements
s. 241
page 194
241. Statement admissibility regulations1
(1) Regulations made for the purposes of this section (the statement2
admissibility regulations) may specify requirements relating to3
the admission of a recorded statement under this Division,4
including, without limitation, relating to the following —5
(a) the class of police officers who are qualified to create a6
recorded statement;7
(b) the manner in which a statement must be created;8
(c) the manner in which a statement must be recorded;9
(d) the extent to which any specified requirements must be10
met.11
(2) The statement admissibility regulations may specify the class of12
police officers who are qualified to create a recorded statement13
by reference to the office or position held by the police officer,14
by reference to training or experience, or a combination of those15
criteria.16
(3) The requirements specified by the statement admissibility17
regulations may be different for different classes of18
complainant.19
242. Statement must be provided to accused20
(1) A court must not admit a recorded statement under this Division21
unless —22
(a) a transcript of the recorded statement has been given to23
the accused and the accused’s legal counsel; and24
(b) a copy of the recorded statement has been given to the25
accused’s legal counsel; and26
(c) if the accused is not represented by legal counsel, the27
accused has been given a reasonable opportunity, in28
accordance with the regulations, to view the recorded29
statement (if it is a visual recording) or hear the recorded30
statement (if it is an audio recording).31
Evidence Bill 2025
Witness assistance measures Part 7
Admission of recorded statements Division 4
s. 243
page 195
(2) Subsection (1)(b) and (c) refer to a copy of the original version1
of the recorded statement that has not been altered, even if an2
altered version is to be played to the court.3
(3) The accused is not entitled to be in possession of, or of a copy4
of —5
(a) a recorded statement; or6
(b) any visual recording or audio recording of evidence that7
incorporates a recorded statement.8
243. Accused must be given opportunity to cross-examine9
complainant10
(1) A court must not admit a recorded statement under this Division11
unless the accused is given an opportunity to cross-examine the12
complainant.13
(2) Subsection (1) does not apply if the court is satisfied that —14
(a) the complainant is not available to give evidence; or15
(b) the complainant is out of the State and is not able to give16
evidence at the proceeding by means of a video link or17
an audio link, even if the witness might return at some18
future time; or19
(c) the complainant is being kept out of the way by the20
accused; or21
(d) all the parties consent and the interests of justice do not22
require the presence of the complainant.23
(3) However, if there is a prospect that the complainant, in the24
circumstances referred to in subsection (2)(a), might become25
available to give evidence, the court need not admit the26
statement but may adjourn the hearing of the proceeding.27
(4) Subsection (1) does not prevent any further evidence of the28
complainant being given under a special procedure for giving29
evidence.30
(5) This section does not affect the operation of section 57.31
Evidence Bill 2025
Part 7 Witness assistance measures
Division 4 Admission of recorded statements
s. 244
page 196
244. Application of rules of evidence1
(1) The hearsay rule does not prevent the admission or use of2
evidence of a representation made by a complainant in a3
recorded statement to prove the existence of an asserted fact.4
(2) The opinion rule does not prevent the admission or use of5
evidence of an opinion expressed by a complainant in a6
recorded statement to prove the existence of a fact about the7
existence of which the opinion was expressed.8
(3) The rule that leading questions must not be put to a witness in9
examination in chief provided for in section 46 does not prevent10
a court from allowing any part of a recorded statement to be11
admitted as the evidence in chief of a complainant if the court is12
satisfied that the manner in which the recorded statement was13
created meets the requirements of the statement admissibility14
regulations to the extent required by those regulations.15
245. Presentation of recorded statement16
(1) The court may give directions as to the manner in which a17
recorded statement must be presented to the court and the18
excision of matters from it.19
(2) Without limiting subsection (1), the court may give any of the20
following directions —21
(a) a direction that the recorded statement be played to the22
court;23
(b) a direction that the recorded statement be tendered to the24
court;25
(c) a direction that a transcript of the recorded statement be26
tendered to the court.27
(3) A jury in the proceeding may, with the leave of the court, be28
given access to a transcript of a recorded statement.29
Evidence Bill 2025
Witness assistance measures Part 7
Admission of recorded statements Division 4
s. 246
page 197
246. Further evidence1
If a recorded statement is admitted as all or part of the evidence2
in chief of a complainant, the court may give directions as to —3
(a) the manner in which further evidence in chief of the4
complainant may be given at the proceeding; and5
(b) the manner in which any cross-examination or6
re-examination of the complainant must be conducted at7
the proceeding.8
247. Presence of complainant not required during presentation of9
statement10
(1) A complainant may, but is not required to, be present in the11
courtroom when a recorded statement of the complainant is12
played to the court.13
(2) The court may direct that arrangements be made that enable the14
complainant to view the proceeding from outside the courtroom15
when the recorded statement is played, by closed-circuit16
television or otherwise.17
(3) The arrangements that enable the complainant to view the18
proceeding from outside the courtroom must ensure that the19
complainant is not visible or audible to anyone in the court,20
other than the judge.21
(4) Subsection (1) does not prevent the court from directing the22
complainant to leave the courtroom while the recorded23
statement is played if the court considers it appropriate to do so24
in the interests of justice.25
248. Warning and comments to jury26
(1) A judge in any proceeding before a jury in which a recorded27
statement is admitted under this Division as the whole or part of28
the evidence in chief of a person must instruct the jury that —29
(a) the procedure is a routine practice of the court; and30
Evidence Bill 2025
Part 7 Witness assistance measures
Division 4 Admission of recorded statements
s. 249
page 198
(b) the jury should not draw an inference as to the accused’s1
guilt from the use of the procedure.2
(2) In a proceeding before a jury, the judge, the accused or the3
accused’s legal counsel must not comment to the jury about a4
failure by the prosecutor to adduce a recorded statement of a5
person as the evidence in chief of a person under this Division.6
(3) Subsection (2) does not prevent a judge from directing the jury7
about a contravention of that subsection by the accused or the8
accused’s legal counsel if it is in the interests of justice to do so.9
249. Other regulations10
The regulations may make further provision for recorded11
statements that are admissible under this Division or created for12
use as evidence under this Division, including, without13
limitation, for or with respect to the following —14
(a) the alteration, playing, custody, possession, storage,15
copying, transcription or destruction of recorded16
statements;17
(b) the records that are to be kept about recorded18
statements;19
(c) access to a recorded statement by the prosecutor for the20
purposes of any proceeding in which the recorded21
statement may be admitted as evidence in chief of a22
person;23
(d) access to and use of a recorded statement for the24
purposes of any proceeding in the Children’s Court or25
the Family Court (whether or not it has been admitted in26
evidence under this Division);27
(e) access to and use of a recorded statement otherwise than28
for the purposes of a proceeding in which the statement29
may be admitted under this Division or as referred to in30
paragraph (d);31
Evidence Bill 2025
Witness assistance measures Part 7
Admission of recorded interviews Division 5
s. 250
page 199
(f) the manner in which compliance with any of the1
requirements for admissibility under this Division may2
be proved in a proceeding.3
Division 5 — Admission of recorded interviews4
250. Application of Division5
(1) This Division applies to a criminal proceeding.6
(2) This Division, and the regulations under this Division, do not7
affect the operation of any other provision of this Act or any8
written law or principle or rule of common law or equity under9
which a recorded interview is admissible in a proceeding.10
Compare:11
Evidence Act 1906 s. 106HD12
251. Terms used13
In this Division —14
interview admissibility regulations has the meaning given in15
section 253(1);16
recorded interview means a visual recording of an interview17
with a person about an offence, not being an interview with a18
person accused of the offence.19
252. Recorded interview admissible as evidence in chief20
(1) A recorded interview with a person is admissible under this21
Division as the whole or part of the evidence in chief of the22
person in the following proceedings —23
(a) a criminal proceeding for a sexual offence, if the person24
interviewed —25
(i) is the complainant; and26
(ii) was a child at the time of the offence (regardless27
of the person’s age at the time of the interview);28