Part 3Trial process
Alternative ways of giving evidence: Offences and requirements for disclosure of video records in proceedings that are not criminal proceedings or Family Court proceedings
119ARequirements for disclosure of video records in proceedings that are not criminal proceedings or Family Court proceedings
In this section,—
disclose, in relation to a video record, means to disclose or produce the video record under an order—
- made by a Judge or judicial officer; and
- made under a power existing under legislation other than this section
proceedings means proceedings that are not—
- criminal proceedings; or
- Family Court proceedings
video record means all, or any extract from or part, of—
- any video record (whether a video record made under section 106, or a video record made before or at the hearing or the trial under any of sections 106AA to 106J); or
- any copy, transcript, or summary of any video record referred to in paragraph (a).
- made by a Judge or judicial officer; and
The Police must not disclose a video record to all or any parties to proceedings unless the order for disclosure is made in compliance with subsection (2).
A Judge or judicial officer may make an order for disclosure of a video record to all or any parties to proceedings only if satisfied—
- that the disclosure will not prejudice any criminal proceedings for which the video record may be offered as evidence; and
- that, after considering the matters in section 119B, it is in the interests of justice to do so.
A Judge or judicial officer who makes an order for disclosure must, subject to subsection (4), give directions for the way in which the video record is to be disclosed, which may include the Police or court providing all or any parties to proceedings with—
- the video record, or a transcript or a summary of the video record:
- an opportunity to view the video record:
- access to 1 or more extracts or parts of the video record by any of the means in paragraphs (a) and (b).
A Judge or judicial officer may make a particular direction for the way in which the video record is to be disclosed if satisfied that, after considering the matters in section 119B, the direction is in the interests of justice.
A video record disclosed under this section to all or any parties to proceedings must be dealt with in compliance with any regulations made under section 201.
Notes
- Section 119A: replaced, on , by section 20 of the Sexual Violence Legislation Act 2021 (2021 No 60).


