Evidence Act 1939

In this Part:

audiovisual record includes a recorded statement.

authorised person means any of the following:

(b) a member of the Australian Federal Police who is appointed as a special constable under the Police Administration Act 1978;

(c) a member of a police force of a State or another Territory who is appointed as a special constable under the Police Administration Act 1978;

(d) a person who is an authorised officer under section 304(1)(a) of the Care and Protection of Children Act 2007;

(e) a member of a police force of a State or another Territory with the rank of constable or above;

child means a person who is under 18 years of age.

examination of a witness includes cross-examination and re-examination.

recorded statement means an interview, recorded on video-tape or by other audiovisual means, in which an authorised person elicits from a vulnerable witness statements of fact which, if true, would be of relevance to a proceeding.

serious violence offence means:

(a) an offence against any of the following provisions of the Criminal Code that is punishable by imprisonment for 5 or more years:

(aa) an offence against section 211 or 212 of the Criminal Code, as in force immediately before the commencement of section 10 of the Criminal Code Amendment (Property Offences) Act 2022; or

(b) an offence against Part V, Division 2 or Part VI, Division 5 of the Criminal Code as in force before the commencement of Part 2 of the Criminal Justice Legislation Amendment (Sexual Offences) Act 2023 that was punishable by imprisonment for 5 or more years.

special sitting, of a court, means a sitting of the court held for the purpose of conducting an examination, or part of an examination, of a vulnerable witness in proceedings for a sexual offence or serious violence offence.

vulnerable witness, see section 21AB.