South Australian Current Regulations South Australian Current Regulations23—Interviewing vulnerable witnesses
(1) For the purposes
of section 74EB(a) of the Act—
(a) the
following information must be included in an audio visual recording of an
interview with a vulnerable witness:
(i)
the date on which the recording was made;
(ii)
the identity of all persons who were present at any time
during the interview;
(iii)
details of any breaks in the interview, including the
time the break commenced and concluded and (so far as is practicable) the
reason for the break; and
(b) if
the vulnerable witness is accompanied during the interview by—
(i)
a prescribed companion; or
(ii)
a prescribed communication assistant,
the witness, the companion and the communication assistant (as the case may
be) must be visible at all times in the recording; and
(c) if
the vulnerable witness is provided with a prescribed communication device for
the purpose of providing communication assistance during the interview, the
witness and the communication device must be visible at all times in the
recording.
(2) A prescribed
interviewer who proposes to interview a vulnerable witness whom the
interviewer believes may have complex communication needs must make the
following arrangements as may be relevant:
(a)
arrangements for the witness to be accompanied during the interview by a
person who is a prescribed communication assistant;
(b)
arrangements for the witness to use, or be provided with, a
prescribed communication device for the purposes of the interview.
(3) Despite
subregulation (2)(a), if the prescribed interviewer is satisfied
that—
(a) it
is not reasonably practicable in the circumstances to make arrangements for
the vulnerable witness to be accompanied by a prescribed
communication assistant (whether because no suitable prescribed communication
assistant is available or for some other reason); and
(b) the
circumstances do not warrant postponing the interview until such arrangements
can be made,
the interviewer may proceed with the interview without a prescribed
communication assistant being present and the interview will, for the purposes
of Part 17 Division 3 of the Act, be taken to have met the prescribed
requirements.
(4) Despite
subregulation (2)(b), if the prescribed interviewer is satisfied
that—
(a) it
is not reasonably practicable in the circumstances to make arrangements for
the vulnerable witness to be provided with a prescribed communication device
(whether because no suitable prescribed communication device is available or
for some other reason); and
(b) the
circumstances do not warrant postponing the interview until such arrangements
can be made,
the interviewer may proceed with the interview without the use of a
prescribed communication device and the interview will, for the purposes of
Part 17 Division 3 of the Act, be taken to have met the prescribed
requirements.
(5) A prescribed
interviewer who proposes to interview a vulnerable witness whom the
interviewer believes should be provided with emotional or other support during
the interview must, if the witness wishes to be accompanied by a person who is
a prescribed companion, make arrangements for the witness to be so accompanied
during the interview.
(6) Despite
subregulation (5), if the prescribed interviewer is satisfied that—
(a) it
is not reasonably practicable in the circumstances to make arrangements for
the vulnerable witness to be accompanied by a prescribed companion (whether
because no suitable prescribed companion is available or for some other
reason); and
(b) the
circumstances do not warrant postponing the interview until such arrangements
can be made,
the interviewer may proceed with the interview without a prescribed companion
being present and the interview will, for the purposes of Part 17 Division 3
of the Act, be taken to have met the prescribed requirements.
(7) For the purposes
of section 74EB(c), the manner in which an interview with a vulnerable witness
is conducted will meet the prescribed requirements if—
(a) so
far as is practicable, any statement made by the vulnerable witness is not
elicited by the use of leading questions; and
(b) the
vulnerable witness appears to understand that he or she must tell the truth;
and
(c) the
interview is conducted in accordance with this regulation.