A pre-recorded police interview with a child witness admitted under s 306V(1) of the Criminal Procedure Act 1986 (NSW) is not subject to the hearsay rule in s 59 or the competence limitation in s 61 of the Evidence Act 1995 (NSW), because the recording derives its admissibility from the Criminal Procedure Act, not from any exception to the hearsay rule. Even if a trial judge errs in finding a child competent to give sworn rather than unsworn evidence, no miscarriage of justice results because the Evidence Act is neutral as to the weight of sworn and unsworn evidence.
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