Prescribed requirements and extent to which they are to be met — s. 106HA(1a)(b)
6A Prescribed requirements and extent to which they are to be met — s. 106HA(1a)(b)
For the purposes of section 106HA(1a)(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 person with a mental impairment in the interview were not elicited by the use of leading questions; and
conducted in such a manner that it is apparent that the person —
understands that the giving of evidence is a serious matter and that the person must tell the truth; and
has a level of cognitive functioning that enables the person 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.
[Regulation 6A inserted: Gazette 20 May 2014 p. 1601-2.]
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