Children (Care and Protection) (Personal and Family Violence) Amendment Act 1987 (NSW)

CHILDREN (CARE AND PROTECTION) (PERSONAL AND

FAMILY VIOLENCE) AMENDMENT ACT 1987 No. 186

NEW SOUTH WALES

TABLE OF PROVISIONS

1.        Short title

2.        Commencement

3.        Amendment of Act No. 54, 1987

CHILDREN (CARE AND PROTECTION) (PERSONAL AND FAMILY

VIOLENCE) AMENDMENT ACT 1987 No. 186

NEW SOUTH WALES

Act No. 186, 1987

An Act to amend the Children (Care and Protection) Act 1987 with respect	to the taped recording of interviews with young victims of certain serious
offences. [Assented to 4 December 1987]

2   Act No. 186

Children (Care and Protection) (Personal and Family Violence) Amendment

1987

The Legislature of New South Wales enacts:

Short title

1.     This Act may be cited as the Children (Care and Protection) (Personal

and Family Violence) Amendment Act 1987.

Commencement

2.     This Act shall commence on a day to be appointed by proclamation.

Amendment of Act No. 54, 1987

3. The Children (Care and Protection) Act 1987 is amended by inserting

after section 24 the following section:

Taped recordings of interviews with certain child crime victims

24A. (1) In this section—

"personal assault offence" means any offence under—

(a) Part III of the Crimes Act 1900;
(b) section 493 or 494 of the Crimes Act 1900; or

(c) section 25 of this Act,

or an offence of attempting, or of conspiracy or incitement, to
commit such an offence.

(2) The regulations may regulate the recording by videotape or audiotape of any interview with a child concerning the alleged commission of a personal assault offence on the child.

(3) In particular, the regulations may make provision for or with

respect to—

(a)	the making of any such recording (including the circumstances in which it may be made, any consents required and the persons who may interview the child);
(b)	the joint making or use of any such recording by law enforcement, child welfare, health care and other agencies; and
(c)	the use, possession, storage and destruction of any such recording.

(4) If any such recording was made for therapeutic purposes in connection with the treatment or counselling of the child, the recording (or any transcript) is not admissible in evidence in any criminal or civil proceedings unless the court considers it is in the interests of justice to admit the recording.

Children (Care and Protection) (Personal and Family Violence) Amendment

1987

(5) Subsection (4) applies whether or not the recording was made in

accordance with the regulations under this section.

(6) This section applies to recordings made by the State or an authority of the State as well as to recordings made by any other person or agency.