New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 289F

289F Complainant may give evidence in chief in form of recording

(1) In proceedings for a domestic violence offence, a complainant may give evidence in chief of a representation made by the complainant wholly or partly in the form of a recorded statement that is viewed or heard by the court.

(2) A representation contained in a recorded statement may be in the form of questions and answers.

(3) A recorded statement must contain the following statements by the complainant--

(a) a statement as to the complainant's age,

(b) a statement as to the truth of the representation,

(c) any other matter required by the rules.

(4) If the representation contained in a recorded statement, or part of it, is in a language other than English--

(a) the recorded statement must contain an English translation of the representation or part, or

(b) a separate written English translation of the representation or part must accompany the recorded statement.

(5) A complainant who gives evidence wholly or partly in the form of a recorded statement must subsequently be available for cross-examination and re-examination--

(a) orally in the courtroom, or

(b) in accordance with any other alternative arrangements permitted for the complainant under this or any other Act.

(6) This section does not prevent a complainant from giving evidence in any other manner permitted for the complainant under this Act or any other law.