Under section 13BA of the Evidence Act 1929 (SA), the evidence of vulnerable witnesses in certain criminal proceedings may be admitted in the form of an audio visual record if the recording was made pursuant to:

and the court is satisfied of the witness's capacity to give sworn or unsworn evidence at the time of the recording, the other party has been given a reasonable opportunity to view the recording, and the witness is available during the trial, or during the course of the pre-trial special hearing (under s 12AB) for further examination, cross-examination or re-examination. However, this will only be allowed if there is new information that has come to light since the recording was made, the witness gives additional evidence at the trial, , or during the course of the pre-trial special hearing (under s 12AB) apart from the audio visual record or it is otherwise in the interests of justice to allow further examination, cross-examination or re-examination [s 13BA(5)].

If the court admits evidence in the form of an audio visual record, the judge must warn the jury not to draw from the admission of evidence in the form of audio visual record any inference adverse to the defendant, and not to allow the admission of evidence in the form of audio visual record to influence the weight to be given to the evidence [s 13BA(6)(b)].

Under 13BB of the Evidence Act 1929 (SA), the evidence of certain victims of domestic violence offences may also be admitted in the form of a prescribed audio or audio visual record. Similar requirements generally apply as those under section 13BA. However if not met, the evidence may still be admitted if the court is satisfied the interests of justice require it. For more information, see Evidence of victims of domestic violence offences.

Expanded definition of vulnerable witness

A vulnerable witness for the purposes of both pre-trial special hearings under section 12AB of the Evidence Act 1929(SA) and police recorded interviews under section 74EA of the Summary Offences Act 1953 (SA) also includes:

[see Evidence Act 1929 (SA) s 12AB(14) and Summary Offences Act 1953 (SA) s 74EA].