South Australian Current Regulations

INTERVENTION ORDERS (PREVENTION OF ABUSE) REGULATIONS 2011 - REG 4BB

4BB—Access to recorded evidence (section 28A of Act)

        (1)         A police officer who intends to ask the Court to admit recorded evidence in proceedings for the making, or variation, of an intervention order may give the defendant unrestricted or restricted access to the recorded evidence.

        (2)         If a police officer decides to give the defendant restricted access, the police officer must give the defendant a notice (a "recorded evidence access notice ) that complies with this section.

        (3)         The recorded evidence access notice must—

            (a)         indicate that the police officer has determined to give the defendant restricted access to the recorded evidence; and

            (b)         state that the defendant's access to the recorded evidence is subject to the following conditions:

                  (i)         the condition that the recorded evidence will be available for the defendant to listen to or view (as the case may require) under the supervision of a police officer at a place specified in the notice and at a time to be arranged at the request of the defendant;

                  (ii)         any other conditions the police officer considers necessary or desirable to protect the relevant person who is the subject of the recorded evidence and to prevent unauthorised reproduction or dissemination; and

            (c)         set out the manner in which the defendant may request access to the recorded evidence, including the name and contact details of the person who is responsible for arranging access to the recorded evidence on behalf of the police officer.

        (4)         A person who is given restricted access to recorded evidence by a police officer under this regulation must not contravene a condition of access.

Maximum penalty: $5 000.

        (5)         In this regulation—

"access"—a person gives another person access to recorded evidence if the person—

            (a)         retains possession of the recorded evidence but allows the other to listen to or view the recorded evidence; or

            (b)         gives the other a physical or digital copy of the recorded evidence; or

            (c)         provides the other with rights to access a digital copy of the recorded evidence;

"restricted access" to recorded evidence means access subject to conditions imposed under this regulation;

"unrestricted access" to recorded evidence means access that is not subject to conditions imposed under this regulation.