Victorian Current Acts

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Court may order production of recording made under this Division in certain circumstances

    (1)     A court may order that a recording referred to in section 367 be produced for use in a proceeding (other than a proceeding referred to in section 368) before that court if the court is satisfied that it is in the best interests of the witness to do so.

    (2)     If a court makes an order under subsection (1), it must also specify—

        (a)     the persons who may view or listen to the recording; and

        (b)     when and where the recording is required to be produced; and

        (c)     if necessary, any requirements as to the destruction of the recording.

    (3)     In making an order under subsection (1), the court must have regard to the need to protect the privacy of the witness.

    (4)     In this section, "court" includes a tribunal if the complainant is the applicant in a proceeding before the tribunal.

Division 6—Procedure and rules for children and cognitively impaired complainants

New s. 369 inserted by No. 68/2009 s. 50.

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