Prescribed requirements and extent to which they are to be met — s. 106HA(1)(b)
5 Prescribed requirements and extent to which they are to be met — s. 106HA(1)(b)
For the purposes of section 106HA(1)(b) an interview meets the prescribed requirements if it was —
conducted in such a manner that, as far as is practicable, statements made by the child in the interview were not elicited by the use of leading questions; and
where the child is under the age of 12 years, conducted in such a manner —
that the child appears to understand that participating in the interview is a serious matter and that in giving the interview the child has an obligation to tell the truth; or
that it is apparent that the child has reached a level of cognitive development that enables the child to understand and respond rationally to questions and to give an intelligible account of his or her experiences;
and
conducted or recorded in a manner that provides all, or most, of the following information —
the date on which the recording was made;
the place at which the recording was made;
the identity of all persons who were present at any time during the interview;
any breaks in the interview, the time the break commenced and concluded and the reasons for the break.
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