{"id":"sr:childrens-court-evidence-audio-visual-and-audio-linking-rules-2018","name":"Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2018","slug":"children-s-court-evidence-audio-visual-and-audio-linking-rules-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181488,"registerId":"vic-sr:childrens-court-evidence-audio-visual-and-audio-linking-rules-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2018","content":"Version No. 001\n\n**Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2018**\n\n**S.R. No. 15/2018**\n\nVersion as at  \n26 February 2018\n\n**TABLE OF PROVISIONS**\n\n*Rule Page*\n\nOrder 1—Preliminary 1\n\n1.01 Object 1\n\n1.02 Authorising provisions 1\n\n1.03 Commencement 1\n\n1.04 Revocation 1\n\nOrder 2—Applications under Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 2\n\n2.01 Definition 2\n\n2.02 Notice of application 2\n\n2.03 Filing 2\n\n2.04 Service 2\n\n2.05 Duty of applicant 2\n\n2.06 Payment of costs 2\n\n2.07 Application under section 42L 3\n\n2.08 Application under section 42M 3\n\n2.09 Application under section 42N 3\n\n2.10 Application under section 42P 3\n\nForm 1—Notice of application under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958 5\n\nForm 2—Notice of application under section 42L of the Evidence (Miscellaneous Provisions) Act 1958 7\n\nForm 3—Notice of application under section 42M, 42N or 42P of the Evidence (Miscellaneous Provisions) Act 1958 8\n\nEndnotes 10\n\n1 General information 10\n\n2 Table of Amendments 12\n\n3 Amendments Not in Operation 13\n\n4 Explanatory details 14\n\n**Version No.** **001**\n\n**Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2018**\n\n**S.R. No. 15/2018**\n\nVersion as at  \n26 February 2018\n\nThe President of the Children's Court together with 2 magistrates for that Court jointly make the following Rules:\n\nOrder 1—Preliminary\n\n\t1.01 Object\n\nThe object of these Rules is to facilitate applications to the Court under Part IIA of the **Evidence (Miscellaneous Provisions) Act 1958**.\n\n\t1.02 Authorising provisions\n\nThese Rules are made under section 589 of the **Children, Youth and Families Act 2005** and all other enabling powers.\n\n\t1.03 Commencement\n\nThese Rules come into operation on 26 February 2018.\n\n\t1.04 Revocation\n\nThe Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2008[[1]](#endnote-1) are **revoked**.\n\nOrder 2—Applications under Part IIA of the Evidence (Miscellaneous Provisions) Act 1958\n\n\t2.01 Definition\n\nIn this Order ***the Act***  means the **Evidence (Miscellaneous Provisions) Act 1958**.\n\n\t2.02 Notice of application\n\nNotice of an application for a direction under section 42E(1) of the Act must be in Form 1.\n\n\t2.03 Filing\n\nUnless the Court otherwise directs, the applicant for a direction under section 42E(1) of the Act must file the notice at least 7 days before the person the subject of the application is due to appear before or give evidence or make a submission to the Court.\n\n\t2.04 Service\n\nAs soon as practicable after the filing of the notice, the applicant must serve a copy on every other party.\n\n\t2.05 Duty of applicant\n\nIf, whether before or after a direction has been given, an applicant no longer requires the person the subject of the application to appear before or give evidence or make a submission to the Court by audio visual link or audio link, the applicant must notify the registrar as soon as practicable.\n\n\t2.06 Payment of costs\n\nUnless the Court otherwise orders, the appropriate amount prescribed by the regulations (if any) under section 42H(1) of the Act shall be paid in the first instance by the applicant.\n\n\t2.07 Application under section 42L\n\nUnless the application is made in accordance with section 42L(5) of the Act—\n\n(a) notice of an application under section 42L of the Act must be in Form 2;\n\n(b) a copy of the notice must be served as soon as practicable after the notice has been filed; and\n\n(c) service may be by pre-paid post.\n\n\t2.08 Application under section 42M\n\nUnless the application is made in accordance with section 42M(5) of the Act—\n\n(a) notice of an application under section 42M of the Act must be in Form 3;\n\n(b) a copy of the notice must be served as soon as practicable after the notice has been filed; and\n\n(c) service may be by pre-paid post.\n\n\t2.09 Application under section 42N\n\nUnless the application is made in accordance with section 42N(3) of the Act—\n\n(a) notice of an application under section 42N of the Act must be in Form 3;\n\n(b) a copy of the notice must be served as soon as practicable after the notice has been filed; and\n\n(c) service may be by pre-paid post.\n\n\t2.10 Application under section 42P\n\nUnless the application is made in accordance with section 42P(5) of the Act—\n\n(a) notice of an application under section 42P of the Act must be in Form 3;\n\n(b) a copy of the notice must be served as soon as practicable after the notice has been filed; and\n\n(c) service may be by pre-paid post.\n\nForm 1—Notice of application under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958\n\nRule 2.02\n\n[*heading as in originating process*]\n\nNotice of application under section 42E(1) of the Evidence (Miscellaneous Provisions) Act 1958\n\nPART 1—PARTICULARS OF APPLICATION\n\nI, [*name of applicant*]\n\nof [*address of applicant or firm of solicitor for applicant*]\n\nrequest an *audio visual/*audio link in accordance with the following details—\n\n1. *Audio visual**/***Audio link\n\nFrom [*originating city/town*]\n\nTo [*receiving city/town*]\n\n2. Type of hearing [*e.g.* **Hearing*/**Protection application*/**Other*]\n\n3. Number of persons to appear before, or give evidence by *audio visual/*audio link\n\n4. Suggested time (if any) for link\n\n5. Estimate of duration of link\n\n6. Is this application being made with the consent of the parties to the proceeding?\n\n7. If the answer to question 6 is \"No\", what parties have not given consent?\n\n8. If a hearing date has been fixed, what is the date of the hearing?\n\nI undertake to pay, in the first instance, the appropriate amount prescribed by the regulations under section 42H(1) of the Act.\n\nDate [*insert date*]\n\n[*Signature*]\n\n*Delete if inapplicable\n\nPART 2—PARTICULARS OF HEARING\n\n(to be completed by the registrar)\n\nThe application will be heard before the Children's Court at on [*insert date*] at *a.m./*p.m. or so soon afterwards as the business of the Court allows.\n\nFILED [*insert date*].\n\n*Delete if inapplicable\n\nForm 2—Notice of application under section 42L of the Evidence (Miscellaneous Provisions) Act 1958\n\nRule 2.07\n\nIn the Children's Court\n\nat\n\nThe Queen\n\n*v.*\n\n[*name of accused person*]\n\nNotice of application under section 42l of the Evidence (MISCELLANEOUS PROVISIONS) Act 1958\n\nPARTICULARS OF APPLICATION\n\nTAKE NOTICE that the applicant, [*name of applicant*], intends to apply to the Court for a direction that the accused person appear, or be brought, physically before it.\n\nType of hearing [*insert details*]\n\nDate of hearing [*insert details*]\n\nThe grounds on which this application is made are [*set out grounds*]\n\nDate [*insert date*]\n\n[*Signature*]\n\nForm 3—Notice of application under section 42M, 42N or 42P of the Evidence (Miscellaneous Provisions) Act 1958\n\nRules 2.08, 2.09 and 2.10\n\nIn the Children's Court\n\nat\n\nThe Queen\n\n*v.*\n\n[*name of accused person*]\n\nNotice of application under section 42M, 42N or 42P of the Evidence (MISCELLANEOUS PROVISIONS) Act 1958\n\nPART 1—PARTICULARS OF APPLICATION\n\nTAKE NOTICE that the applicant, [*name of applicant*], intends to apply to the Court for a direction that the accused person appear before it by audio visual link.\n\n1. Type of hearing [*insert details*]\n\n2. Date of hearing [*insert details*]\n\n3. The grounds on which this application is made are [*set out grounds*]\n\n4. Is this application being made with the consent of the parties to the proceeding?\n\n5. If the answer to question 4 is \"No\", what parties have not given consent?\n\n6. If the accused person is in custody, do facilities exist for an audio visual link?\n\nDate [*insert date*]\n\n[*Signature*]\n\nPART 2—PARTICULARS OF HEARING\n\n(to be completed by the registrar)\n\nThe application will be heard before the Children's Court at on [*insert date*] at *a.m./*p.m. or so soon afterwards as the business of the Court allows.\n\nFILED [*insert date*].\n\n*Delete if inapplicable\n\nDated: 19 February 2018\n\nAMANDA J. CHAMBERS,  \n*President, Children's Court of Victoria*\n\nJENNIFER BOWLES,  \n*Magistrate, Children's Court of Victoria*\n\nKIM M. W. PARKINSON,  \n*Magistrate, Children's Court of Victoria*\n\n\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2018, S.R. No. 15/2018 were made on 19 February 2018 by the President of the Children's Court together with 2 magistrates for that Court under section 589 of the **Children, Youth and Families Act 2005**, No. 96/2005 and came into operation on 26 February 2018: rule 1.03.\n\nThe Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2018 will sunset 10 years after the day of making on 19 February 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Children's Court (Evidence - Audio Visual and Audio Linking) Rules 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Rule 1.04: S.R. No. 11/2008. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow scope as procedural rules for audio visual/audio linking applications in the Children's Court. The 2018 version is a straightforward re-enactment replacing the 2008 Rules (revoked by Rule 1.04) without expansion into new substantive areas."},"complexity_factors":["Short length (10 rules plus 3 forms)","Single defined term ('the Act') in the substantive provisions","Straightforward procedural structure (notice → filing → service → hearing)","Heavy reliance on external legislation (Evidence (Miscellaneous Provisions) Act 1958 sections 42E, 42L, 42M, 42N, 42P, 42H) without reproducing that content","Minimal conditional logic (mostly 'unless the Court otherwise directs/orders' exceptions)","Forms provided in full with clear field markers","No nested exceptions or complex cross-referencing within the Rules themselves"],"plain_english_summary":"**What this legislation does:**\n\nThese Rules set out the paperwork and procedures for using video calls (audio visual links) and phone calls (audio links) in the Children's Court of Victoria. They cover how to apply for permission to have witnesses, accused persons, or other participants appear remotely rather than in person.\n\n**Who it affects:**\n\n- **Children and young people** involved in criminal or protection cases in the Children's Court\n- **Lawyers and police** making applications for remote appearances\n- **Court staff** who process these applications\n- **Victims and witnesses** who may need to give evidence without being physically present\n\n**Why it matters:**\n\nRemote testimony can reduce trauma for vulnerable witnesses—especially children—by letting them give evidence from a safe location rather than facing an accused person in court. The Rules ensure there's a proper process for requesting these arrangements, including:\n\n- **Giving notice** to all parties (Form 1, 2, or 3 depending on the type of application)\n- **Filing deadlines** (usually 7 days before the hearing)\n- **Cost arrangements** (applicants pay initially, unless the court orders otherwise)\n- **Cancellation duties** (if the link is no longer needed, the applicant must tell the court promptly)\n\nThe Rules also cover special situations like:\n- **Section 42L**: Bringing an accused person physically to court when they were supposed to appear remotely\n- **Sections 42M, 42N, 42P**: Various applications for accused persons to appear by video link from custody or other locations\n\n**Key takeaway:** These are procedural rules—essentially the \"how-to guide\" for requesting and managing video/phone links in children's court cases, replacing an earlier 2008 version."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These Rules do not materially change the statutory scope of Part IIA of the Evidence (Miscellaneous Provisions) Act 1958; they standardise procedure for applications under that Part (forms, filing/service practice, initial fee allocation and registry notification). The instrument replaces and updates procedural detail previously governed by the 2008 Rules (rule 1.04) but does not broaden or add substantive powers beyond the Act's Part IIA. Therefore the scope has not grown significantly beyond the original purpose of facilitating audio/visual and audio link applications under the Evidence Act."},"complexity_factors":["Short instrument (two Orders and three Forms; about 10 substantive rules/clauses)","3 prescribed forms (Form 1 for s42E(1), Form 2 for s42L, Form 3 for s42M/42N/42P)","Cross-references to multiple sections of the Evidence (Miscellaneous Provisions) Act 1958: s42E, s42L, s42M, s42N, s42P, and s42H(1)","Several conditional 'unless' exceptions (e.g. \"Unless the Court otherwise directs\" in rule 2.03; exceptions in rules 2.07–2.10 referring to specified sub-sections of the Act)","Reference to external regulations for fee amounts (creates dependency on separate instrument)","Registrar and party duties (filing, service, notification) create operational dependencies","Revocation of prior 2008 Rules (rule 1.04) but no substantive expansion of Part IIA powers"],"plain_english_summary":"**What these Rules do (mechanically)\n\n- These Rules set out the form, timing and basic procedure for asking the Children's Court to allow or require people to appear, give evidence or make submissions by audio-visual link (video link) or audio link (telephone).\n- They prescribe three standard notice forms (Form 1, Form 2 and Form 3) for different types of applications under Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 (the Evidence Act) and say when and how those notices must be filed and served.\n- They require the applicant to pay the initial fee for audio or audio‑visual linking (if a fee is prescribed) unless the Court orders otherwise (rule 2.06).\n- They require the applicant to tell the Court registry promptly if they no longer need the person to attend by link (rule 2.05).\n- The Rules revoke the earlier 2008 Children’s Court rules on the same subject and commence operation on 26 February 2018 (rules 1.03–1.04).\n\nWho is affected\n\n- Applicants making requests to the Court for a person to appear by audio or audio‑visual link (this will commonly be a party or a legal representative).\n- Other parties to the proceeding, who must be served with the notice (rule 2.04 and the service requirements in rules 2.07–2.10).\n- The Court registry (registrar), which records hearing particulars on the forms and receives notifications when links are no longer required (Form parts and rule 2.05).\n- Accused persons and witnesses who may be required to appear by link; and custodial institutions, where the application asks whether facilities for a link exist (Form 3, Part 1, question 6).\n- Service providers who supply audio/visual linking facilities (indirectly) because the Rules make it straightforward to request such links and allocate initial payment responsibility to the applicant (rule 2.06).\n\nWhy it matters (official purpose and practical effect)\n\n- The Rules state their object as facilitating applications under Part IIA of the Evidence Act (rule 1.01). Practically, they do this by standardising notice content and timing, clarifying service methods, fixing a default allocation of initial payment, and requiring registry notification when a link is cancelled.\n\nPractical mechanics and key legal points to note\n\n- Form and content: A notice for a general direction under section 42E(1) of the Evidence Act must be in Form 1 (rule 2.02). Applications under specific sections of Part IIA (42L, 42M, 42N, 42P) must use Forms 2 or 3 unless they are made under particular sub‑sections of those sections which allow different procedure (rules 2.07–2.10).\n- Filing time: Unless the Court directs otherwise, an applicant must file a section 42E(1) notice at least 7 days before the person is due to appear or give evidence (rule 2.03).\n- Service: After filing, the notice must be served on every other party as soon as practicable (rule 2.04). For certain specific-section applications the Rules allow service by prepaid post (rules 2.07–2.10).\n- Payment: The applicant must, as a default, pay the amount prescribed by regulations under section 42H(1) of the Evidence Act in the first instance, unless the Court orders otherwise (rule 2.06). That payment requirement refers to external regulations for the actual fee amount.\n- Registrar duty: If the applicant no longer requires the link (before or after a direction), they must notify the registrar promptly (rule 2.05).\n\nCosts, incentives and operational trade-offs (testing the stated purpose)\n\n- Who pays: The default rule places initial payment responsibility on the applicant (rule 2.06). That creates a clear, upfront cost signal to whoever requests a link and may deter unnecessary link requests or encourage consolidation/scheduling to reduce fees. The Court can shift that burden by order.\n- Administrative burden and timing: The 7‑day filing rule for general directions (rule 2.03) and the \"serve as soon as practicable\" requirement (rules 2.04, 2.07–2.10) place a punctuality and communication duty on applicants and registry staff. This standardisation reduces uncertainty but requires reliable registry processes to meet timeframes.\n- Market effect: Standardised, routine use of audio/visual and audio links may increase demand for linking facilities and services (hardware, secure networks, third‑party vendors). The Rules do not regulate supply, but they create predictable demand by prescribing forms and processes.\n- Discretion: The Court retains operational discretion (for example, to alter filing time or payment allocation — see rules 2.03 and 2.06). That preserves judicial control to respond to case‑specific fairness or logistical concerns but leaves some implementation detail to judicial direction and registry practice.\n- Compliance costs and information requirements: The Forms collect specific logistical information (origin/receiving locations, estimated duration, consent status, custody facilities existence). That requires applicants to investigate practical arrangements and therefore increases pre‑application administrative steps.\n\nImplementation risks and likely frictions\n\n- If fee amounts are set by external regulations, changes to those regulations will affect applicants’ costs but are not managed inside these Rules (rule 2.06 refers to regulations under s 42H(1)).\n- The effectiveness of the 7‑day filing standard depends on reliable registry processing and timely service to other parties; failures here can create adjournments or contested fairness claims.\n- In custodial cases, the ability to use a link depends on whether facilities exist at the custody location (Form 3), which can be a literal operational bottleneck.\n\nNet effect in plain terms\n\n- The Rules do not change substantive law about when links are allowed under the Evidence Act. They provide procedure: standard forms, filing windows, service methods, an initial fee allocation, and a registry‑notification duty. They make it easier for courts and parties to handle link applications in a consistent, administratively predictable way (see rules 1.01 and Orders 2)."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available content, the rules appear to remain focused on their original narrow purpose of regulating audio-visual and audio linking procedures in the Children's Court. No scope expansion or contraction is evident from the version history provided, though the limited content makes a definitive assessment difficult."},"complexity_factors":["Limited substantive content was provided — the document appears to be mostly version history metadata rather than the full legislative text","Procedural rules of this type typically involve technical court administration language","Intersection of evidence law, technology requirements, and child protection considerations adds some layering","Relatively narrow subject matter (audio-visual links only) keeps complexity low","Northern Territory jurisdictional context may involve additional cross-references to the Children's Court Act and Evidence Act"],"plain_english_summary":"These rules govern when and how audio-visual and audio links may be used in Northern Territory Children's Court proceedings, letting children, witnesses, lawyers and others participate remotely instead of appearing in person. They matter because remote appearances can reduce trauma for child witnesses, improve access for people in remote areas, and protect vulnerable participants — affecting who can appear remotely, under what conditions, and what technical standards apply."}},"importantCases":[],"_links":{"self":"/api/acts/children-s-court-evidence-audio-visual-and-audio-linking-rules-2018","history":"/api/acts/children-s-court-evidence-audio-visual-and-audio-linking-rules-2018/history","analysis":"/api/acts/children-s-court-evidence-audio-visual-and-audio-linking-rules-2018/analysis","conflicts":"/api/acts/children-s-court-evidence-audio-visual-and-audio-linking-rules-2018/conflicts","importantCases":"/api/acts/children-s-court-evidence-audio-visual-and-audio-linking-rules-2018/important-cases","documents":"/api/acts/children-s-court-evidence-audio-visual-and-audio-linking-rules-2018/documents"}}