Evidence (Videotaping of Child Complainants) Amendment Regulations 2000

2000/71

Evidence (Videotaping of Child Complainants) Amendment Regulations 2000

  • These Regulations were revoked, as from 1 August 2007, pursuant to regulation 50 Evidence Regulations 2007 (SR 2007/204). See section 51 of those Regulations as to the transitional provisions.


Note

These regulations are administered in the Ministry of Justice.


PURSUANT to section 23I of the Evidence Act 1908 and, in relation to preliminary hearings, pursuant also to section 212 of the Summary Proceedings Act 1957, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • (1) These regulations are the Evidence (Videotaping of Child Complainants) Amendment Regulations 2000.

    (2) In these regulations, the Evidence (Videotaping of Child Complainants) Regulations 19901 are called the principal regulations.

    These Regulations were revoked, as from 1 August 2007, pursuant to regulation 50 Evidence Regulations 2007 (SR 2007/204). See section 51 of those Regulations as to the transitional provisions.

2 Commencement
  • These regulations come into force on the day after the date of their notification in the Gazette.

    These Regulations were revoked, as from 1 August 2007, pursuant to regulation 50 Evidence Regulations 2007 (SR 2007/204). See section 51 of those Regulations as to the transitional provisions.

3 Interpretation
  • Regulation 2 of the principal regulations is amended by inserting, in their appropriate alphabetical order, the following definitions:

    authorised advisor means—

    • (a) the Secretary for Justice; or

    • (b) a person engaged by the Minister of Justice or the Secretary for Justice to provide advice about a review application

    review application means—

    • (a) an application for the exercise of the prerogative of mercy; or

    • (b) an application under section 406 of the Crimes Act 1961.

    These Regulations were revoked, as from 1 August 2007, pursuant to regulation 50 Evidence Regulations 2007 (SR 2007/204). See section 51 of those Regulations as to the transitional provisions.

4 Production and retention of master tape in court
  • Regulation 12 of the principal regulations is amended by adding the following subclause:

    • (3) Despite subclause (2), the master tape may be removed from court custody for any period necessary to make a copy or copies for the purpose of a request under regulation 13A.

    These Regulations were revoked, as from 1 August 2007, pursuant to regulation 50 Evidence Regulations 2007 (SR 2007/204). See section 51 of those Regulations as to the transitional provisions.

5 New regulations 13A to 13C inserted
  • The principal regulations are amended by inserting, after regulation 13, the following regulations:

    13A Authorised advisor may request copies of videotape
    • (1) If an authorised advisor requires a copy or copies of the videotape for the purpose of giving advice about a review application, the advisor may ask the Registrar of the Court responsible for the custody of the master tape to supply a specified number of copies of that master tape to the advisor for that purpose.

      (2) A Registrar of a court, on receiving a request under subclause (1), must, if he or she is the Registrar of the Court responsible for custody of the master tape, supply the specified number of copies of the master tape to the authorised advisor.

    13B Conditions of supply of videotape to authorised advisor
    • (1) A videotape supplied to an authorised advisor under regulation 13A may be viewed only by—

      • (a) the advisor; or

      • (b) a person who the advisor considers can help with the giving of advice about a review application.

      (2) An authorised advisor—

      • (a) must place in safe custody every copy of a master tape supplied to the advisor under regulation 13A; and

      • (b) may supply that copy or 1 of those copies to another person if the advisor considers that the other person can help with the giving of advice about a review application.

      (3) An authorised advisor who supplies a copy of a master tape to another person under subclause (2)(b) must take all reasonable steps to ensure that the person—

      • (a) places it in safe custody while it is in his or her possession; and

      • (b) prevents any other person from viewing it while it is in his or her possession; and

      • (c) returns it to the advisor as soon as is reasonably practicable.

      (4) No person may make any copy of a videotape supplied to an authorised advisor under regulation 13A.

      (5) Every copy of a master tape supplied to an authorised advisor under regulation 13A must be returned by the advisor to the Registrar who supplied it, as soon as is reasonably practicable after the advisor finishes giving advice about the review application or any related matter.

    13C Transcripts to be supplied by Registrar
    • (1) If an authorised advisor requires a copy or copies of a videotape under regulation 13A, the Registrar of the Court who supplies that copy or those copies must also supply the number of copies of any transcript of the videotape that is in existence, specified by the authorised advisor.

      (2) Every copy of a transcript supplied under subclause (1) must be placed in safe custody with the copy or copies of the videotape to which it relates.

      (3) An authorised advisor may arrange for the copying of a transcript in his or her custody only for a purpose specified in regulation 13A(1).

      (4) An authorised advisor may not arrange for the copying of any transcript, nor the showing of any transcript to any person, unless satisfied—

      • (a) that to do so is not likely to jeopardise any criminal proceedings pending; and

      • (b) a record is kept of every person to whom a copy of the transcript is shown or given.

      (5) Except as provided in this regulation, no person may make any copy of a transcript supplied under this regulation.

      (6) If regulation 13B(5) applies, every copy of any transcript supplied under subclause (1) and every copy made under subclause (3) must be returned along with the copy or copies of the master tape.

    These Regulations were revoked, as from 1 August 2007, pursuant to regulation 50 Evidence Regulations 2007 (SR 2007/204). See section 51 of those Regulations as to the transitional provisions.

6 Destruction and custody of tapes
  • (1) Regulation 14 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:

    • (1) For the purposes of this regulation, the destruction date means,—

      • (a) if proceedings are brought, the date of the expiry of 10 years commencing with the date on which the proceedings are finally determined; or

      • (b) if for any reason no proceedings are brought, the date of the expiry of 7 years commencing with the date on which the videotape was originally made.

    (2) Regulation 14 of the principal regulations is amended by inserting, after subclause (3), the following subclauses:

    • (3A) Subject to subsection (3B), on the destruction date, the Court must destroy or erase all copies of the master tape supplied under regulation 13A and returned under regulation 13B(5).

    • (3B) If any copy of the master tape supplied under regulation 13A is returned under regulation 13B(5) after the destruction date, the Court must destroy or erase it promptly.

    (3) Regulation 14 of the principal regulations is amended by revoking subclause (8), and substituting the following subclause:

    • (8) Until the destruction date or, if applicable, the date on which a copy of a master tape is destroyed or erased under subclause (3B), the master tape, working copy, and every copy of the master tape or working copy, must be kept in such a way as to preserve the privacy of the persons recorded on it.

    (4) Regulation 14(9) of the principal regulations is amended by—

    • (a) inserting, after the words or copy of, the words a master tape or:

    • (b) omitting the words, or the Family Court, and substituting the words the Family Court, or an authorised requester.

    These Regulations were revoked, as from 1 August 2007, pursuant to regulation 50 Evidence Regulations 2007 (SR 2007/204). See section 51 of those Regulations as to the transitional provisions.

Marie Shroff,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on the day after the date of their notification in the Gazette, amend the Evidence (Videotaping of Child Complainants) Regulations 1990 to enable the Secretary for Justice and any person engaged by the Minister of Justice or the Secretary for Justice to provide advice on a review application to obtain copies of a videotape, and any transcript of that videotape, for the purpose of providing advice on that application.

A review application is an application for the exercise of the prerogative of mercy or an application under section 406 of the Crimes Act 1961. The regulations incorporate similar safeguards to those already applicable under the principal regulations to requests by the Family Court for a copy of a videotape, in order to ensure the security of any videotape or transcript supplied and to maintain the privacy of the person videotaped.

An amendment is also made lengthening the period during which a videotape must be retained in a case where proceedings are brought from 7 to 10 years after the relevant proceedings are finally determined. The purpose of this amendment is to minimise the possibility of destruction of a videotape relevant to a review application, before that application is lodged or considered.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 18 May 2000.


  • 1 SR 1990/164