Evidence (Miscellaneous Provisions) Act 1991

A police officer must, before making a recorded statement, tell the complainant that—

the recorded statement may be used in evidence at a hearing; and

if the recorded statement is used in evidence at a hearing, the complainant may be called to give evidence under cross‑examination in person at the hearing; and

the complainant does not have to consent to the recording.

A recorded statement must be made—

as soon as practicable after the events mentioned in the statement happened; and

in the form of questions and answers.

A recorded statement of a complainant must include the following:

the name of each person present during any part of the recording;

a statement by the complainant—

of the complainant’s name, age and whether the complainant lives in the ACT; and

about the truth of the representations made by the complainant in the recorded statement;

any other matter prescribed by regulation.

As far as is practicable, a recorded statement must not contain an image of—

a child; or

a person who is intellectually impaired.

If any part of a recorded statement is in a language other than English—

the recorded statement must contain an English translation of the part; or

a separate written English translation of the part must accompany the recorded statement.

A recorded statement must not be edited or changed unless—

both parties consent to the edits or changes; or

the court hearing the proceeding in which the recorded statement is tendered otherwise orders.

In this section:

provisions of the law of that State or Territory correspond (or substantially correspond) to this part; and

the person is trained in the taking of evidence under those provisions.