Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 21AM

21AM Use of prerecorded evidence

(1) The affected child’s evidence contained in a videorecording made under this subdivision for a proceeding, or in a lawfully edited copy of the videorecording—

(a) is as admissible as if the evidence were given orally in the proceeding in accordance with the usual rules and practice of the court; and

(b) is, unless the relevant court otherwise orders, admissible in—

(i) any rehearing or retrial of, or appeal from, the proceeding; or

(ii) another proceeding in the same court for the relevant charge or for another charge arising out of the same, or the same set of, circumstances; or

(iii) a civil proceeding arising from the commission of the relevant offence.

(2) The admissibility of the evidence for a proceeding is not affected only because the child turns 18 before the evidence is presented at the proceeding.

(3) A reference in subsection (1) to a videorecording made under this subdivision for a proceeding includes a reference to a copy of the videorecording on a separate data storage medium if—

(a) the videorecording is a digital recording; and

(b) the copy of the videorecording on the separate data storage medium has been made by—

(i) the principal registrar of a court; or

(ii) a person authorised by the principal registrar of a court to copy the videorecording onto the separate data storage medium.