Visual recording of interviews with children and persons with mental impairment
106HA Visual recording of interviews with children and persons with mental impairment
Section 106HB applies to a visual recording of an interview with a child conducted before or after the coming into operation of section 20 of the Criminal Law Amendment (Sexual Assault and Other Matters) Act 2004 if —
the interview was conducted by a person of a prescribed class; and
the manner in which the interview was conducted and recorded meets the prescribed requirements to the prescribed extent.
Section 106HB applies to a visual recording of an interview with a person with a mental impairment conducted before or after the coming into operation of section 48 of the Criminal Law and Evidence Amendment Act 2008 if —
the interview was conducted by a person of a prescribed class; and
the manner in which the interview was conducted and recorded meets the prescribed requirements to the prescribed extent.
Section 106HB applies to a visual recording of an interview with a person with a mental impairment, or a child, whether or not the interview was conducted with the consent of a parent or guardian of the person or child.
A visual recording of an interview with a child, or a person with a mental impairment, to which section 106HB applies is referred to as a visually recorded interview.
[Section 106HA inserted: No. 46 of 2004 s. 20; amended: No. 2 of 2008 s. 48; No. 31 of 2016 s. 4.]
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