Where all parties consent to a cognitively impaired complainant giving evidence by pre-recorded interview and AVL under Ch 6 Pt 6 of the Criminal Procedure Act 1986 (NSW), the trial judge is not required to independently inquire into the s 306P(2) precondition; the parties' consent is a sufficient basis for the court's satisfaction. Even if Ch 6 Pt 6 does not apply, the evidence is admissible without objection because s 59 of the Evidence Act 1995 (NSW) only excludes hearsay evidence 'over objection'. Trial judges should nonetheless consider expressly recording their satisfaction to avoid appellate challenge.
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