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.