Recording of Evidence Regulation 2008

1Short title

This regulation may be cited as the Recording of Evidence Regulation 2008.

2Commencement

This regulation commences on 30 August 2008.

3Definitions—the dictionary

The dictionary in schedule 2 defines particular words used in this regulation.

pt hdg (prev pt 2 hdg) renum 2009 SL No. 182s 3

sub 2013 SL No. 40s 5

div hdg ins 2013 SL No. 40s 6

4Fees for copies provided by the chief executive under arrangements under s 5B of the Act

(1)Schedule 1 states the fees payable for copies of records or transcriptions that, under arrangements in place under section 5B of the Act, are available for purchase from the chief executive.

Note—

Arrangements may be put in place under section 5B of the Act to make copies of records or transcriptions available (by purchase or otherwise) from entities other than the chief executive. Schedule 1 does not apply in that case.

(2)The stated fees do not apply to the extent that, under the arrangements, a copy is to be provided to a person at no cost or at a cost that is less than the amount that would otherwise be payable under schedule 1.

s 4 prev s 4 ins 2009 SL No. 182s 6

om 2013 SL No. 40s 4

pres s 4 ins 2013 SL No. 40s 6

div hdg ins 2013 SL No. 40s 7

5Provision of copies of records or transcriptions to judicial persons

A copy of a record under the Act of a legal proceeding, or a copy of a transcription of a record under the Act of a legal proceeding, may be provided to a judicial person—

(a)in printed or electronic form; and

(b)even if the proceeding has ended.

Note—

Section 5B(3)(a) of the Act requires arrangements to be in place for the provision of copies of records and transcriptions to judicial persons at no cost.

s 5 (prev s 4) renum 2009 SL No. 182s 5

sub 2013 SL No. 40s 7

div hdg ins 2013 SL No. 40s 7

6Application of div 3

For section 5B(3)(b) of the Act, this division states the entitlements of persons to a copy of a record under the Act, or a copy of a transcription of a record under the Act, at no cost or at a cost that is less than the amount that would otherwise be payable.

s 6 (prev s 5) renum 2009 SL No. 182s 5

sub 2013 SL No. 40s 7

7Parties to legal proceedings—financial hardship

(1)The chief executive may waive payment by a person of all or part of the amount that would otherwise be payable for a copy of a record under the Act of a legal proceeding, or a copy of a transcription of a record under the Act of a legal proceeding, if—

(a)the person is a party to the legal proceeding; and

(b)the chief executive is satisfied that payment of the amount, or full amount, would cause the person financial hardship.

(2)The person is entitled to the copy for free, or on payment of the relevant amount, as decided under subsection (1).

s 7 (prev s 6) amd 2009 SL No. 182s 4

renum 2009 SL No. 182s 5

sub 2013 SL No. 40s 7

8Industrial Registry and party to industrial proceeding

(1)The Industrial Registry is entitled to 1 free copy of a transcription of a record under the Act of an industrial proceeding.

(2)A party to an industrial proceeding, or their representative, is entitled to 1 free copy of a transcription of a record under the Act of the industrial proceeding if a copy of the transcription has been issued to the Industrial Registry.

Note—

The free copy of the transcription to which a party to an industrial proceeding is entitled under subsection (2) is available from the Industrial Registry.

(3)The free copy may be issued—

(a)in electronic form only; and

(b)even if the industrial proceeding has ended.

(4)In this section—

industrial proceeding means a legal proceeding before—

(a)the Queensland Industrial Relations Commission; or

(b)the Industrial Court of Queensland; or

(c)a registrar appointed under the Industrial Relations Act 1999.

s 8 (prev s 7) renum 2009 SL No. 182s 5

8AVictim of personal offence

(1)A victim of a personal offence the subject of a criminal proceeding in the Supreme Court or the District Court is entitled to 1 free copy (a free copy) of—

(a)an existing transcription of a record under the Act of the proceeding; or

(b)if a transcription does not exist—the part of a record under the Act, consisting of an audio recording, of the proceeding.

(2)If the victim is a child, each of the following persons is entitled to a free copy instead of the victim—

(a)each parent of the child;

(b)the child’s legal representative.

(3)If the victim is an adult who has died as a result of the personal offence, each person who is a spouse, parent, child or sibling of the victim is entitled to a free copy.

(4)A free copy may be issued—

(a)if the copy is a transcription mentioned in subsection (1)(a)—in printed or electronic form; and

(b)to a person entitled to the copy under this section or to one of the following—

(i)the person’s legal representative;

(ii)a guardian appointed for the person under the Guardianship and Administration Act 2000;

(iii)an attorney appointed by the person under an enduring power of attorney under the Powers of Attorney Act 1998; and

(c)even if the criminal proceeding to which the copy relates has ended.

(5)For subsection (2), a parent of a victim who is a child—

(a)includes a person who exercises parental responsibility for the child, including a person who is granted guardianship of the child under the Child Protection Act 1999 or who otherwise exercises parental responsibility for the child under a decision or order of a federal court or a court of a State; but

(b)does not include a person standing in the place of a parent of a child on a temporary basis.

(6)A reference in this section to a child, parent or sibling of a victim includes a reference to a person who, under Aboriginal tradition or Island custom, is regarded as a child, parent or sibling of the victim.

(7)In this section—

personal offence means an indictable offence committed, or alleged to have been committed, against the person of someone.

victim, of a personal offence, means a person against whom the offence is committed or alleged to have been committed.

s 8A ins 2013 SL No. 40s 8

9Defendant in criminal proceeding

(1)A defendant in a criminal proceeding in the Supreme Court or District Court is entitled to 1 free copy of a transcription of a record under the Act of the proceeding.

(2)The free copy may be issued—

(a)in printed form or electronic form; and

(b)to the defendant or the defendant’s legal representative; and

(c)even if the proceeding has ended.

s 9 (prev s 8) renum 2009 SL No. 182s 5

10Applicant for compensation

(1)This section applies to a person who may apply for a compensation order, or for a payment from the consolidated fund, under the Criminal Offence Victims Act 1995, part 3 or section 46(2) for an offence.

(2)The person is entitled to 1 free copy of the sentence for the offence.

(3)The free copy may be issued—

(a)in printed form or electronic form; and

(b)to the person or to the person’s legal representative.

(4)In this section—

sentence, for an offence, means the part of the transcription of a record under the Act of the criminal proceeding for the offence containing the court’s order as to punishment of the offender and any reasons for the order.

s 10 (prev s 9) renum 2009 SL No. 182s 5

10AGovernment assessor or scheme manager under Victims of Crime Assistance Act 2009

(1)This section applies to a government assessor or the scheme manager in performing any of the following functions under the Victims of Crime Assistance Act 2009—

(a)dealing with an application for assistance, or amendment of a grant of financial assistance, under chapter 3 of that Act;

(b)amending financial assistance under chapter 3, part 15, division 2 of that Act;

(c)recovering, for the State, an amount from a person under chapter 3, part 16 of that Act.

(2)The government assessor or scheme manager is entitled to—

(a)1 free copy of an existing transcription of a record under the Act of—

(i)a criminal proceeding relating to a relevant offence for the act of violence for which financial assistance is sought or has been granted; or

(ii)a proceeding under the Domestic and Family Violence Protection Act 2012 relating to the act of violence for which financial assistance is sought or has been granted; or

(b)free electronic access to the part of a record under the Act, consisting of an audio recording, of a proceeding mentioned in paragraph (a)(i) or (ii).

(3)The copy mentioned in subsection (2)(a) may be issued—

(a)in printed or electronic form; and

(b)even if the proceeding has ended.

(4)In this section—

government assessor see the Victims of Crime Assistance Act 2009, schedule 3.

relevant offence see the Victims of Crime Assistance Act 2009, schedule 3.

scheme manager see the Victims of Crime Assistance Act 2009, schedule 3.

s 10A ins 2009 SL No. 274s 8

sub 2017 Act No. 8 s 101 sch 1

pt hdg (prev pt 3 hdg) renum 2009 SL No. 182s 3

11Repeal of Recording of Evidence Regulation 1992

The Recording of Evidence Regulation 1992, SL No. 197 is repealed.

s 11 (prev s 10) renum 2009 SL No. 182s 5

pt hdg (prev pt 4 hdg) renum 2009 SL No. 182s 3

amd 2016 SL No. 85 s 118 sch 1

13Transitional provision—references to Recording of Evidence Regulation 1992

A reference in any Act or document to the repealed Recording of Evidence Regulation 1992 is, if the context permits, taken to be a reference to this regulation.

s 13 (prev s 12) renum 2009 SL No. 182s 5

section 4

sch 1 sub 2009 SL No. 181 s 3 sch; 2009 SL No. 182 s 7; 2010 SL No. 155 s 3 sch; 2011 SL No. 115 s 3 sch

amd 2011 SL No. 166 s 13

sub 2012 SL No. 102 s 3 sch

amd 2013 SL No. 40 s 9

sub 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 96; 2016 SL No. 85 s 96; 2017 SL No. 109 s 107

section 3

electronic form, in relation to a copy of a record under the Act or a transcription of a record under the Act, means a copy that is stored or recorded electronically.

Examples of electronic form—

•a copy stored on a computer disc

•a copy stored on a CD-ROM

•a copy stored on a computer hard drive

•a copy sent by email

printed form, in relation to a copy of a transcription of a record under the Act, means a copy that is produced on paper by longhand writing, typewriting or other means.