Evidence (Visual Recording of Interviews with Children) Amendment Regulations 2014 (WA)

20 May 2014 GOVERNMENT GAZETTE, WA 1599

Interviews with Children) Amendment Regulations 2014.

JU301*

Evidence Act 1906

Evidence (Visual Recording of Interviews with

Children) Amendment Regulations 2014

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Evidence (Visual Recording of

1600 GOVERNMENT GAZETTE, WA 20 May 2Ol!

2.            Commencement

These regulations come into operation as follows -

(a)	regulations 1 and 2—on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations - on the day after that day.

3.           Regulations amended

These regulations amend the Evidence (Visual Recording of
Interviews with Children) Regulations 2004.

4.            Regulation 1 amended

In regulation 1 delete "Children)" and insert:

Children and Persons with Mental Impairment)

5.            Regulation 3 amended

Delete regulation 3(1) and insert:

(1) In these regulations -

Commissioner of Police department means the department of the Public Service principally assisting in the administration of the Children and Community Services Act 2004;

means the Commissioner of

relevant person means a person -

(a)	who is a member of the Police Force; or
(b)	authorised by the Commissioner of Police under regulation 4A; or

(c)	who is an officer as defined in the Children and
Community Services Act 2004 section 3;

section means a section of the Act.

6.           Regulation 4A inserted After regulation 3 insert:

4A.	Authorisation of persons
The Commissioner of Police may, by notice in writing, authorise a person who is engaged by the Western Australian Police Service under a contract for services, or otherwise, to be a relevant person for the purposes of these regulations.

20 May 2014 GOVERNMENT GAZETTE, WA 1601

7.            Regulation 4 replaced

Delete regulation 4 and insert:

4.	Prescribed class of persons -	s. 106HA(1)(a) and
(la)(a)

For the purposes of section 106HA(1)(a) and (la)(a) a person is of the prescribed class if -

(a) the person is a relevant person and has

successfully completed a training course about
conducting interviews of a kind mentioned in
section 106HA(1) or (la) -

(i)     provided by the Western Australian Police Service; or

(ii)     provided by the department; or

(iii)     approved in writing by the Commissioner of Police;

or

(b) the person -

(i)     is a member of the police force or police service of the Commonwealth or of another State or a Territory; and

(ii)     is authorised under a law of the Commonwealth or of another State or a Territory to conduct interviews with a child or a person with a mental impairment in the circumstances set out in section 106HA(1)(a) or (la)(a).

8.            Regulation 6A inserted

After regulation 5 insert: 

6A.	Prescribed requirements and the extent to which they are to be met - s. 106HA(la)(b)
For the purposes of section 106HA(la)(b) an interview meets the prescribed requirements if it was -

(a)	conducted in such a manner that, as far as is practicable, statements made by the person with a mental impairment in the interview were not elicited by the use of leading questions; and
(b)	conducted in such a manner that it is apparent that the person -

(i) understands that the giving of evidence

is a serious matter and that the person
must tell the truth; and

1602 GOVERNMENT GAZETTE, WA 20 May 2011

(ii)     has a level of cognitive functioning that enables the person to give an intelligible account of his or her experiences;

and

(c) conducted or recorded in a manner that provides all, or most, of the following information —

(i)     the date on which the recording was made;

(ii)     the place at which the recording was made;

(iii)     the identity of all persons who were present at any time during the interview;

(iv)     any breaks in the interview, the time the break commenced and concluded and the reasons for the break.

9.            Regulation 7 amended

(1)	In regulation 7(1)(a)(i) delete "106HA(1)(a); and" and insert:
106HA(1)(a) or (1a)(a); and
(2)	Delete regulation 7(2)(c) and insert:

(c) details showing that the person is a person of a class prescribed under section 106HA(1)(a) or (1a)(a).

R. KENNEDY. Clerk of the Executive Council.