New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 281B

281B Sensitive evidence--meaning

(1) For the purposes of this Part, anything that contains or displays an image of a person (the
"protected person" ) is
"sensitive evidence" if--

(a) the image is obscene or indecent, or

(b) providing a copy of the image to another person without the protected person's consent would interfere with the protected person's privacy, or

(c) the image was taken after the death of the protected person.

(1A) For the purposes of this Part, an audio recording of a person committing an offence against another person (the
"protected person" ) is
"sensitive evidence" if--

(a) the contents of the audio recording are obscene or indecent, or

(b) providing a copy of the audio recording to another person without the protected person's consent would interfere with the protected person's privacy.

(1B) The contents of an audio recording are not obscene or indecent merely because they include obscene or indecent language.

(1C) For this part, evidence of the kind referred to in section 306S(2) given by a child complainant for proceedings for a prescribed sexual offence is
"sensitive evidence" .

(2) Without limiting subsection (1), (1A) or (1C), the following are examples of sensitive evidence--

(a) a photograph of an alleged sexual assault victim, taken in connection with a criminal investigation or criminal proceedings, that shows the person's genitalia or otherwise shows the person in a state of undress,

(b) a video or audio recording, held or seized by a prosecuting authority, of a person committing a sexual offence,

(c) a computer hard drive, held or seized by a prosecuting authority, containing images of child pornography or child abuse material (within the meaning of Division 15A of Part 3 of the Crimes Act 1900 ),

(d) a photograph of a deceased person taken in connection with a post mortem examination,

(e) a photograph of a deceased person taken at a crime scene.

(3) In determining whether a thing is obscene or indecent, the fact that the thing was brought into existence, or is in the possession of a prosecuting authority, for the purpose of providing evidence of an offence is to be disregarded.