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Evidence (Miscellaneous Provisions) Act 1991
81BRecorded statement—may be admitted as evidence
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81B Recorded statement—may be admitted as evidence
(1) A recorded statement may—
(a) be played at the hearing of a family violence offence proceeding
for the offence to which it relates; and
(b) if the recorded statement is played at the hearing—be admitted
as all or part of the complainant’s evidence in chief in the
proceeding as if the complainant gave the evidence at the
hearing in person.
(2) However, the court may refuse to admit all or any part of the recorded
statement if the court considers it is in the interests of justice to do so.
(3) The complainant may choose not to be present in the courtroom while
the court is viewing or listening to the recorded statement.
(4) If the complainant is giving evidence by audiovisual link from an
external place under division 4.3.5, the complainant must not be
visible or audible to anyone in the courtroom by closed-circuit
television or by means of similar technology while the court is
viewing or listening to the recorded statement.
(5) To remove any doubt, if a recorded statement is admitted as part of a
complainant’s evidence in chief in a proceeding, the complainant may
give further evidence in chief.
(6) This section is subject to section 81G (Recorded statement—
admissibility).
(7) In this section: