South Australian Numbered Acts

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STATUTES AMENDMENT (DOMESTIC VIOLENCE) ACT 2018 (NO 38 OF 2018) - SECT 12

12—Insertion of section 28A

After section 28 insert:

28A—Use of recorded evidence where application made by police

        (1)         This section applies in addition to, and does not derogate from, any other power of the Court to receive evidence or to determine the form in which evidence may be received (including evidence in the form of a recording).

        (2)         In any proceedings in which a police officer has applied for the making, or variation, of an intervention order—

            (a)         the evidence of a relevant person may be admitted in the form of a recording made by a police officer if the Court is satisfied that the interests of justice require the admission of the evidence; and

            (b)         if evidence of a relevant person is admitted in the form of a recording pursuant to this section, the relevant person cannot be further examined, cross-examined or re-examined on the evidence so admitted without the permission of the Court.

        (3)         Without limiting section 42, the regulations may—

            (a)         prescribe additional requirements in relation to recordings under this section; and

            (b)         require that additional material be provided to the Court with a recording in certain circumstances (such as a transcript or translation); and

            (c)         prescribe requirements in relation to access to, or service of, recordings and other material; and

            (d)         prescribe requirements in relation to custody of recordings; and

            (e)         impose restrictions on copying or distribution of recordings.

        (4)         In this section—

"recording" means an audio record or an audio visual record;

"relevant person"—a person is a relevant person in proceedings on an application for the making, or variation, of an intervention order if the intervention order is to be, or has been, issued for the protection of the person.



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