The following Practice Direction is published by direction of the Chief Justice, the
Honourable Justice Alan Blow OAM.
RECORDINGS OF SPECIAL HEARINGS UNDER THE EVIDENCE (CHILDREN AND SPECIAL WITNESSES) ACT 2001, s 6
Section 6(1) of the Evidence (Children and Special Witnesses) Act 2001 makes provision for a judge to order that the whole of the evidence of an "affected child" (including cross- examination and re-examination) be taken at a special hearing, audio-visually recorded, and presented to the Court at trial in the form of that audio-visual recording, with the child not being present at the trial.
When an order is made under that subsection, the Court will take responsibility for recording the evidence, preserving the recording until trial, and, if necessary, editing the recording. Editing may be necessary in a number of situations. For example, if there has been an objection to a question, and argument about the objection while the recording continues, it would be appropriate to edit out the argument and perhaps any unanswered or withdrawn question.
When evidence is recorded pursuant to s 6(1), the following will be followed, subject to any direction or order of the trial judge: