CRIMES ACT 1914 SECT 23YF

(1)

If a tape recording is made as required by a provision of this Part, the investigating constable must ensure that:

(a)

if an audio recording only or a video recording only is made—the recording, or a copy of it, is made available to the suspect, offender or volunteer; and

(b)

if both an audio recording and a video recording are made:

(i)

the audio recording, or a copy of it, is made available to the suspect, offender or volunteer; and

(ii)

the suspect, offender or volunteer is given an opportunity to view the video recording; and

(c)

in any case, if a transcript of the tape recording is made—a copy of the transcript is made available to the suspect, offender or volunteer.

(2)

Where an investigating constable is required to ensure that a suspect, offender or volunteer is given an opportunity to view a video recording made under this Part, the investigating constable must ensure that the same opportunity is given to:

(a)

in any case—the suspect's, offender's or volunteer's legal representative; and

(b)

if the suspect, offender or volunteer is a child or an incapable person—an interview friend of the suspect, offender or volunteer; and

(c)

if the investigating constable believes on reasonable grounds that the suspect, offender or volunteer is an Aboriginal person or a Torres Strait Islander—an interview friend of the suspect, offender or volunteer.

(3)

If section 23YD requires forensic material taken from a suspect, offender or volunteer by a forensic procedure to be destroyed, the investigating constable must ensure that any video recording of the carrying out of the forensic procedure is also destroyed.