Crimes Act 1914

For the new proceeding, the prosecutor may prepare a record of all the evidence given by any person to whom subsection (4) applies (the vulnerable person) in the original proceeding if:

the record is in a form, and is authenticated in a way, prescribed under subsection (5); and

the prosecutor gives written notice to the court, and to the defendants in the new proceeding, of the prosecutor’s intention to tender that record as evidence in the new proceeding; and

that notice is so given:

at least 21 days before the court commences hearing the new proceeding; or

within such other period as the court allows.

The record would include all the evidence given in the original proceeding by the vulnerable person (whether evidence on examination in chief, on cross‑examination or on re‑examination), which could include evidence recorded at an evidence recording hearing or in an interview.

However, the prosecutor may alter or edit that record with the agreement of each defendant in the new proceeding.

Both of the following are admissible as evidence in the new proceeding:

a record of evidence prepared under subsection (1) and (2);

the exhibits tendered in the original proceeding in connection with that evidence.

This subsection applies to the following persons:

if the original proceeding was a child proceeding—a child witness;

if the original proceeding was a vulnerable adult proceeding—a vulnerable adult complainant;

if the original proceeding was a special witness proceeding—a special witness for whom an order under subsection 15YAB(3) is in force for this section.

The Minister may, in writing, prescribe the form, and ways for authenticating, records prepared under subsection (1).