{"id":"sr:criminal-procedure-regulations-2020","name":"Criminal Procedure Regulations 2020","slug":"criminal-procedure-regulations-2020","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183567,"registerId":"vic-sr:criminal-procedure-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Criminal Procedure Regulations 2020","content":"Version No. 003\n\n**Criminal Procedure Regulations 2020**\n\n**S.R. No. 134/2020**\n\nVersion incorporating amendments as at  \n28 December 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 2\n\n3 Commencement 2\n\n4 Revocations 2\n\n5 Definitions 2\n\nPart 2—Division 5 recordings 4\n\n6 Who may ask questions 4\n\n7 Information to be included in a Division 5 recording 4\n\n8 Copies of a Division 5 recording 5\n\n9 Transcript of a Division 5 recording 5\n\n10 Right of accused to listen to or view Division 5 recording 5\n\n11 Record of persons listening to or viewing Division 5 recordings 6\n\n12 Use of Division 5 recordings, copies or transcripts 6\n\n12A Chief Commissioner of Police may authorise the use of a Division 5 recording for training or evaluation purposes 7\n\n13 Retention and destruction of recordings and copies 8\n\nPart 3—Division 6 recordings 9\n\n14 Right of accused to listen to or view Division 6 recording 9\n\n15 Record of persons listening to or viewing Division 6 recordings 9\n\n16 Use of Division 6 recordings, copies or transcripts 9\n\n17 Retention and destruction of recordings and copies 10\n\nPart 3A—Division 5, Division 6 and Part 8.2A recordings 12\n\n17A Use of recordings, copies or transcripts—intermediaries 12\n\n17B Use of recordings, copies or transcripts—legal practitioners 13\n\nPart 4—Prosecution witnesses allowances and expenses 15\n\n18 Attendance allowance for expert witness 15\n\n19 Allowances and expenses of other witnesses 15\n\n20 Meal allowances for witnesses 16\n\n21 Accommodation expenses for witnesses 17\n\n22 Travelling allowances for witnesses 17\n\n23 No payment to prisoners 17\n\n24 Evidence of expenses etc. to be produced 17\n\nPart 5—Intermediaries 19\n\n25 Intermediaries' oath or affirmation 19\n\nPart 6—Disclosure certificates 20\n\n27 Form of disclosure certificate 20\n\nPart 7—Early committal for trial in Supreme Court 21\n\n28 Prescribed offence 21\n\nSchedule 1—Oaths and affirmations 22\n\nSchedule 2—Disclosure certificate—section 41A of the Act 23\n\nSchedule 3—Disclosure certificate—section 110A of the Act 28\n\nSchedule 4—Prescribed offences—section 127A of the Act 34\n\n═════════════\n\nEndnotes 39\n\n1 General information 39\n\n2 Table of Amendments 41\n\n3 Explanatory details 42\n\n**Version No.** **003**\n\n**Criminal Procedure Regulations 2020**\n\n**S.R. No. 134/2020**\n\nVersion incorporating amendments as at  \n28 December 2025\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to provide for the making, use, possession, copying, storage, access to and destruction of audio and audiovisual recordings referred to in Division 5 and Division 6 of Part 8.2 of the **Criminal Procedure Act 2009**; and\n\n(b) to specify the allowances and expenses that are to be paid to prosecution witnesses; and\n\n(c) to provide for the use of various audio or audiovisual recordings made in certain proceedings for the purposes of assisting intermediaries or the training or evaluation of intermediaries; and\n\nReg. 1(ca) inserted by S.R. No. 104/2025 reg. 5.\n\n(ca) to prescribe certain offences as applicable offences for the purposes of Part 4.6A of the **Criminal Procedure Act 2009**; and\n\n(d) other matters required or necessary to be prescribed by the **Criminal Procedure Act 2009**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 420 of the **Criminal Procedure Act 2009**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 13 December 2020.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Criminal Procedure Regulations 2009[[1]](#endnote-1);\n\n(b) the Criminal Procedure Amendment (Recorded Evidence-in-Chief) Regulations 2011[[2]](#endnote-2);\n\n(c) the Criminal Procedure Amendment Regulations 2018[[3]](#endnote-3).\n\n\t5 Definitions\n\nIn these Regulations—\n\n***Department*** means the Department of Justice and Community Safety;\n\n***Division 5 recording*** means an audio or audiovisual recording of a kind referred to in Division 5 of Part 8.2 of the Act;\n\n***Division 6 recording*** means an audiovisual recording of a kind referred to in Division 6 of Part 8.2 of the Act;\n\n***Part 8.2A recording*** means an audio or audiovisual recording made in a proceeding in which an intermediary is appointed under Part 8.2A of the Act;\n\n***prothonotary*** has the same meaning as in section 106 of the **Supreme Court Act 1986**;\n\n***registrar*** means the registrar of the County Court within the meaning of section 3(1) of the **County Court Act 1958**;\n\n***the Act*** means the **Criminal Procedure Act 2009**.\n\nPart 2—Division 5 recordings\n\n\t6 Who may ask questions\n\nFor the purposes of section 367 of the Act, the following persons are prescribed—\n\n(a) a member of Victoria Police personnel (within the meaning of section 3(1) of the **Victoria Police Act 2013**) who has successfully completed a training course conducted by Victoria Police on the procedures for making a Division 5 recording and examining a witness;\n\n(b) a person authorised in writing by the Chief Commissioner of Police who has successfully completed a training course conducted by Victoria Police on the procedures for making a Division 5 recording and examining a witness;\n\n(c) if the questions are put to the witness in another State or the Northern Territory, a member of the police force of that State or Territory;\n\n(d) if the questions are put to the witness in a Territory other than the Northern Territory, a member of the Australian Federal Police;\n\n(e) a person on the panel established under section 389H of the Act who may be appointed as an intermediary for a witness.\n\n\t7 Information to be included in a Division 5 recording\n\nIn addition to any other requirement made by or under the Act, a Division 5 recording must include—\n\n(a) the date on which, and the place at which, the recording is made; and\n\n(b) the times at which the recording is commenced and concluded; and\n\n(c) identification of all persons present during any part of the recording; and\n\n(d) the times at which any break in questioning commenced and concluded and the reason for the break.\n\n\t8 Copies of a Division 5 recording\n\n(1) The Chief Commissioner of Police may authorise copies to be made of a Division 5 recording and must ensure that the recording and all copies of the recording are kept in safe custody.\n\n(2) If a copy of a recording is made, the Chief Commissioner of Police must record—\n\n(a) the date on which the copy is made; and\n\n(b) the name and address of the person to whom the copy is given.\n\n\t9 Transcript of a Division 5 recording\n\nIf a transcript of a Division 5 recording is made, a copy of the transcript must be given by the informant, as soon as is practicable, to the witness answering questions or to the witness's parent or guardian.\n\n\t10 Right of accused to listen to or view Division 5 recording\n\n(1) If a Division 5 recording is made, the informant in the proceeding must give notice to the accused that the accused and the accused's legal practitioner have the right to listen to, and in the case of an audiovisual recording view, the recording at an agreed time and place.\n\n(2) If an accused or the accused's legal practitioner wishes to listen to, and in the case of an audiovisual recording view, the Division 5 recording, the informant must make the recording or a copy of it available for listening or viewing at the time and place agreed between the informant, or a person acting on behalf of the informant, and the accused or the accused's legal practitioner.\n\n\t11 Record of persons listening to or viewing Division 5 recordings\n\nIf the accused or the accused's legal practitioner listens to or views a Division 5 recording, the informant, or a person acting on behalf of the informant, must record the following information—\n\n(a) the name of the person viewing or listening to the recording;\n\n(b) the capacity in which the person is involved in the proceeding;\n\n(c) the date on which and the time at which the recording is viewed or listened to;\n\n(d) the name of the person who gave access to the person to view or listen to the recording.\n\n\t12 Use of Division 5 recordings, copies or transcripts\n\n(1) A Division 5 recording, a copy of a Division 5 recording or a transcript of a Division 5 recording may only be used—\n\n(a) in, or in connection with, a proceeding referred to in Division 5 of Part 8.2 or for the purposes of Part 8.2A of the Act; or\n\nReg. 12(1)(b) amended by S.R. No. 104/2025 reg. 6.\n\n(b) in accordance with regulation 12A or Part 3A.\n\n(2) Except in accordance with Part 8.2 of the Act or these Regulations, a person must not have possession of, or access to, a Division 5 recording, a copy of a Division 5 recording or a transcript of a Division 5 recording.\n\nReg. 12A inserted by S.R. No. 104/2025 reg. 7.\n\n\t12A Chief Commissioner of Police may authorise the use of a Division 5 recording for training or evaluation purposes\n\n(1) Subject to subregulation (2), the Chief Commissioner of Police may authorise the following persons to use a copy or transcript of a Division 5 recording for the purpose of individual training in or evaluation of the making of Division 5 recordings—\n\n(a) a person referred to in regulation 6(a) whose questions a witness is answering in the recording;\n\n(b) a supervising officer of the person referred to in regulation 6(a) whose questions a witness is answering in the recording;\n\n(c) a suitably qualified person employed or engaged by Victoria Police to conduct training in or evaluation of the making of Division 5 recordings.\n\n(2) The Chief Commissioner of Police must not authorise the use of a copy or transcript of a Division 5 recording unless—\n\n(a) all legal proceedings relating to the subject matter of the recording have concluded and the appeal period has expired; and\n\n(b) the person to be trained or evaluated is the person referred to in subregulation (1)(a).\n\n(3) An authorisation under subregulation (1) must—\n\n(a) be in writing; and\n\n(b) specify the name of the person authorised; and\n\n(c) specify the recording, a copy or transcript of which, the person is authorised to use.\n\nReg. 13 substituted by S.R. No. 104/2025 reg. 8.\n\n\t13 Retention and destruction of recordings and copies\n\nThe Chief Commissioner of Police must—\n\n(a) retain in safe custody—\n\n(i) the original recording of any Division 5 recording; and\n\n(ii) if the original recording has been edited for use in a proceeding referred to in Division 5 of Part 8.2 of the Act, a copy of the edited recording; and\n\n(b) ensure that any other copies of the recording are destroyed no later than 6 months after the latest of—\n\n(i) the conclusion of any proceeding in which the recording was proposed to be, or was, used in evidence; or\n\n(ii) the expiry of the appeal period; or\n\n(iii) the conclusion of any proceeding of a kind referred to in section 374(2) of the Act in which the recording was proposed to be, or was, used in evidence.\n\nPart 3—Division 6 recordings\n\n\t14 Right of accused to listen to or view Division 6 recording\n\nIf a Division 6 recording is made, and an accused or an accused's legal practitioner wishes to listen to and view the recording, the registrar, prothonotary or the Office of Public Prosecutions (as the case requires) must make the recording or a copy of it available for listening or viewing.\n\n\t15 Record of persons listening to or viewing Division 6 recordings\n\nIf the accused or the accused's legal practitioner listens to or views a Division 6 recording, the registrar, prothonotary or the Office of Public Prosecutions (as the case requires) must record the following information—\n\n(a) the name of the person viewing or listening to the recording;\n\n(b) the capacity in which the person is involved in the proceeding;\n\n(c) the date on which and the time at which the recording is viewed or listened to;\n\n(d) the name of the person who gave access to the person to view or listen to the recording.\n\n\t16 Use of Division 6 recordings, copies or transcripts\n\n(1) A Division 6 recording, a copy of a Division 6 recording or a transcript of a Division 6 recording may only be used—\n\n(a) in, or in connection with, a proceeding referred to in Division 6 of Part 8.2 or for the purposes of Part 8.2A of the Act; or\n\nReg. 16(1)(b) amended by S.R. No. 104/2025 reg. 9.\n\n(b) in accordance with Part 3A.\n\n(2) Except in accordance with Part 8.2 of the Act or these Regulations, a person must not have possession of, or access to, a Division 6 recording, a copy of a Division 6 recording or a transcript of a Division 6 recording.\n\nReg. 17 substituted by S.R. No. 104/2025 reg. 10.\n\n\t17 Retention and destruction of recordings and copies\n\n(1) The registrar or prothonotary (as the case requires) must—\n\n(a) retain in safe custody for the period specified in subregulation (2)—\n\n(i) the original recording of any Division 6 recording; and\n\n(ii) if the original recording has been edited for use in a proceeding referred to in Division 6 of Part 8.2 of the Act, a copy of the edited recording; and\n\n(b) ensure that any other copies of the recording are destroyed no later than 12 months after the latest of—\n\n(i) the conclusion of any proceeding in which the recording was proposed to be, or was, used in evidence; or\n\n(ii) the expiry of the appeal period; or\n\n(iii) the conclusion of any proceeding of a kind referred to in section 374(2) of the Act in which the recording was proposed to be, or was, used in evidence.\n\n(2) For the purposes of subregulation (1)(a), the period is 10 years after the latest of—\n\n(a) the conclusion of any proceeding in which the recording was proposed to be, or was, used in evidence; or\n\n(b) the expiry of the appeal period; or\n\n(c) the conclusion of any proceeding of a kind referred to in section 374(2) of the Act in which the recording was proposed to be, or was, used in evidence.\n\nPt 3A (Heading and regs 17A, 17B) inserted by S.R. No. 104/2025 reg. 11.\n\nPart 3A—Division 5, Division 6 and Part 8.2A recordings\n\nReg. 17A inserted by S.R. No. 104/2025 reg. 11.\n\n\t17A Use of recordings, copies or transcripts—intermediaries\n\n(1) Victoria Police or the relevant court may provide to the Secretary to the Department a copy or transcript of any of the following recordings for a purpose referred to in subregulation (2)—\n\n(a) a Division 5 recording;\n\n(b) a Division 6 recording;\n\n(c) a Part 8.2A recording.\n\n(2) The Secretary to the Department may authorise a person to use a copy or transcript of a recording provided to the Secretary under subregulation (1) for the purpose of—\n\n(a) assisting an intermediary to perform a function set out in section 389I of the Act, including assessing a witness; or\n\n(b) subject to subregulation (3), training or evaluation of an intermediary.\n\n(3) The Secretary to the Department must not authorise the use of a copy or transcript of a recording provided to the Secretary to the Department under subregulation (2)(b) unless—\n\n(a) all legal proceedings relating to the subject matter of the recording have concluded and the appeal period has expired; and\n\n(b) the intermediary referred to in subregulation (2)(b) is the same intermediary who performed a function set out in section 389I of the Act in the recording.\n\n(4) An authorisation may authorise the use of a copy or transcript of—\n\n(a) a particular recording; or\n\n(b) all recordings of a particular kind.\n\n(5) An authorisation must—\n\n(a) be in writing; and\n\n(b) specify the name of the person authorised; and\n\n(c) if it authorises the use of a particular recording, specify the recording, a copy or transcript of which, the person is authorised to use; and\n\n(d) specify the purpose for which the recording or recordings may be used.\n\nReg. 17B inserted by S.R. No. 104/2025 reg. 11.\n\n\t17B Use of recordings, copies or transcripts—legal practitioners\n\n(1) Victoria Police or the relevant court may provide to the Secretary to the Department a copy or transcript of any of the following recordings for the purpose referred to in subregulation (2)—\n\n(a) a Division 5 recording;\n\n(b) a Division 6 recording;\n\n(c) a Part 8.2A recording.\n\n(2) The Secretary to the Department may authorise in writing an Australian legal practitioner acting for the Secretary to the Department to use a copy or transcript of a recording provided to the Secretary to the Department under subregulation (1) for the purpose of acting for the Secretary to the Department in, or in connection with, a proceeding in which the relevant recording is proposed to be, or was, used in evidence.\n\nPart 4—Prosecution witnesses allowances and expenses\n\n\t18 Attendance allowance for expert witness\n\nA prosecution witness who is called to give evidence at a court in a professional or expert capacity, is entitled—\n\n(a) to an amount of $79.50 if the period of absence from the witness's place of business or residence for the purposes of attending the court is 4 hours or less; or\n\n(b) if the period of absence is more than 4 hours, to an amount of $79.50 plus $20.60 for each additional hour, or part of an hour, that the witness is absent from the witness's place of business or residence in excess of 4 hours, up to a maximum of $158.80 for any one day.\n\n\t19 Allowances and expenses of other witnesses\n\n(1) This regulation applies to a prosecution witness who is called to give evidence at a court other than in a professional or expert capacity.\n\n(2) If the witness is engaged in an income producing vocation and loses income because of the witness's attendance at the court, the witness is entitled to the amount of income actually lost up to a maximum of $69.10 for each day, or part of a day, that the witness is necessarily absent from the witness's place of business by reason of the attendance.\n\n(3) If the witness is not engaged in an income producing vocation but the witness necessarily incurs expenditure because of the witness's attendance at the court that is not provided for in regulation 20, 21 or 22, the witness is entitled to the amount of the actual expenditure incurred up to a maximum of $33.70 for each day.\n\n\t20 Meal allowances for witnesses\n\n(1) A prosecution witness who is called to give evidence at court and who is necessarily absent from the witness's home by reason of the attendance at court is entitled to the following allowances for meals during that absence—\n\n(a) if the witness is absent from home overnight—\n\n|  | *Capital City* | *Any other location* |  |\n| --- | --- | --- | --- |\n| Breakfast | $17.70 | $15.75 |  |\n| Lunch | $19.75 | $18.05 |  |\n| Dinner | $34.05 | $31.15 |  |\n| Total | $71.50 | $64.95 | ; |\n\n\n(b) if the witness is absent for a part of a day only, departing and returning the same day—\n\n| Breakfast | $12.40 |  |\n| --- | --- | --- |\n| Lunch | $12.40 |  |\n| Dinner | $16.50 |  |\n| Total | $41.30 | . |\n\n\n(2) Despite subregulation (1), a prosecution witness is only entitled to an allowance—\n\n(a) for breakfast, if the witness is absent from the witness's home between 7.00 a.m. and 9.30 a.m.; and\n\n(b) for lunch, if the witness is absent from the witness's home between 12.00 p.m. and 3.00 p.m.; and\n\n(c) for dinner, if the witness is absent from the witness's home between 5.00 p.m. and 7.00 p.m.\n\n\t21 Accommodation expenses for witnesses\n\nA prosecution witness who is called to give evidence at a court and who is necessarily absent from the witness's home overnight because of having to attend the court is entitled to the expenditure incurred by the witness for alternative accommodation up to a maximum of $150.00 for each night of the witness's absence.\n\n\t22 Travelling allowances for witnesses\n\n(1) A prosecution witness who is called to give evidence at a court is entitled to an allowance in respect of the expense of travelling to and from the court equal to the cost of the most economical form of transport having regard to the total expense of attending the court.\n\n(2) If the witness uses the witness's own vehicle, the witness is entitled to an allowance of 18 cents for each kilometre travelled to or from the court.\n\n\t23 No payment to prisoners\n\nA prisoner of the Crown is not entitled to any payment under these Regulations.\n\n\t24 Evidence of expenses etc. to be produced\n\nA person who is authorised to approve payments authorised by these Regulations must not approve the payment of an amount to a witness under these Regulations unless there is produced to that person evidence satisfactory to that person—\n\n(a) in the case of regulation 19(2), that as a result of attending at the court the witness has sustained, or will sustain, a loss of income, or of time that the witness would otherwise have devoted to an income producing vocation; or\n\n(b) in the case of regulations 19(3) and 21, of the expenditure incurred by the witness; or\n\n(c) in the case of regulation 20, that the witness was absent from the witness's home by reason of attendance at court at the relevant times; or\n\n(d) in the case of regulation 22(1), of the cost of the most economical form of transport.\n\nPart 5—Intermediaries\n\n\t25 Intermediaries' oath or affirmation\n\nFor the purposes of section 389K(4) of the Act, the prescribed form of oath or affirmation is the form set out in Schedule 1 or a similar form.\n\nReg. 26 revoked by S.R. No. 104/2025 reg. 12.\n\n* * * * *\n\nPt 6 (Heading and reg. 27) inserted by S.R. No. 57/2022 reg. 5.\n\nPart 6—Disclosure certificates\n\nReg. 27 inserted by S.R. No. 57/2022 reg. 5.\n\n\t27 Form of disclosure certificate\n\nFor the purposes of—\n\n(a) section 41A of the Act, the prescribed form of a disclosure certificate is the form set out in Schedule 2; and\n\n(b) section 110A of the Act, the prescribed form of a disclosure certificate is the form set out in Schedule 3.\n\nPt 7 (Heading and reg. 28) inserted by S.R. No. 104/2025 reg. 13.\n\nPart 7—Early committal for trial in Supreme Court\n\nReg. 28 inserted by S.R. No. 104/2025 reg. 13.\n\n\t28 Prescribed offence\n\nAn offence specified in Schedule 4 is prescribed for the purposes of paragraph (b) of the definition of ***applicable offence*** in section 127A of the Act.\n\nSchedule 1—Oaths and affirmations\n\nRegulation 25\n\n**Oaths by intermediaries**\n\nI swear (*or the person taking the oath may promise*) by Almighty God (*or the person may name a god recognised by the person's religion*) that I will well and truly communicate questions and answers, and make true explanation of all matters and things, that are required of me in this case to the best of my ability.\n\n**Affirmations by intermediaries**\n\nI solemnly and sincerely declare and affirm that I will well and truly communicate questions and answers, and make true explanation of all matters and things, that are required of me in this case to the best of my ability.\n\nSch. 2 inserted by S.R. No. 57/2022 reg. 6.\n\nSchedule 2—Disclosure certificate—section 41A of the Act\n\nRegulation 27(a)\n\nDISCLOSURE CERTIFICATE\n\n(Section 41A of the **Criminal Procedure Act 2009**)\n\nIn the [*court*] at [*venue*] Court Ref.:\n\n**Acknowledgement**\n\n1. I am aware that, as the *informant/*law enforcement officer who prepared the full brief in this matter, I have a duty under the **Criminal Procedure Act 2009**, and at common law, to disclose to the accused all information, documents or things relevant to the alleged offence. I am aware that this duty is subject to—\n\n(a) any claim of privilege or public interest immunity that has been determined by a court; and\n\n(b) any immunity conferred by statute; and\n\n(c) any relevant statutory prohibition or restriction that has the effect of precluding disclosure to the prosecution or the defence.\n\n*2. [*To be included if this certificate is completed by the informant*] I am aware of my continuing obligation under the **Criminal Procedure Act 2009**, and at common law, to disclose to the accused any relevant information, document or thing that comes into my possession or to my notice after service of the full brief.\n\n*3. [*To be included if this certificate is completed by the informant and the proceeding is conducted by the DPP*] I am aware of my obligation under section 415A of the **Criminal Procedure Act 2009** to provide to the DPP any information, document or thing that I possess or have knowledge of, or that the law enforcement agency I represent possesses or has knowledge of, that is relevant to the alleged offence, subject to the provisions in section 415A.\n\nI am aware that this obligation continues to apply to any information, document or thing that I come to possess or have knowledge of, or that the law enforcement agency I represent comes to possess or have knowledge of, after I have first complied with the requirements of section 415A.\n\n4. The information I have given in this certificate is true, to the best of my knowledge and belief, and has been reviewed by a superior officer within the law enforcement agency I represent. [*NOTE: A superior officer is a person to whom an organisation has given responsibility for reviewing disclosure certificates. If the informant or law enforcement officer completing this certificate is a member of Victoria Police, a superior officer must be a person who holds a rank senior to the informant or law enforcement officer.*]\n\n*Delete if not applicable\n\n**Notes**\n\n1. See sections 41(1)(f) and 45 of the **Criminal Procedure Act 2009**.\n\n2. See also section 416(2) of the **Criminal Procedure Act 2009** which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law.\n\n**Schedule 1—Relevant material not contained in brief that is subject to a privilege or immunity** **(section 41A(1)(a)(i) and (ii) of the Criminal Procedure Act 2009)**\n\n*Relevant information, or a relevant document or thing, is not contained in the full brief because it is the subject of a claim of privilege, a claim of public interest immunity, or an immunity conferred by statute.\n\nThis information, document or thing, and the nature of the privilege or immunity to which it is subject, is described in the table below **subject to any order of a court**.\n\n|  | **Information, document or thing** | **Nature of privilege or immunity** |\n| --- | --- | --- |\n| 1. | [*Describe the information, document or thing*] | [*Describe the privilege or immunity*] |\n| 2. |  |  |\n| 3. |  |  |\n| 4. |  |  |\n| 5. |  |  |\n| 6. |  |  |\n| 7. |  |  |\n\n\n**Note**\n\nSee also section 416(2) of the **Criminal Procedure Act 2009** which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law.\n\n*No relevant information, document or thing has been withheld from the full brief because of a claim of privilege, a claim of public interest immunity, or an immunity conferred by statute.\n\n*Delete if not applicable\n\n**Schedule 2—Relevant material not contained in brief that is subject to a statutory prohibition or restriction on disclosure (section 41A(1)(a)(iii) of the Criminal Procedure Act 2009)**\n\n*Relevant information, or a relevant document or thing, is not contained in the full brief because it is the subject of a statutory prohibition or restriction on disclosure that has the effect of precluding disclosure to the prosecution or the defence.\n\nThis information, document or thing, and the nature of the prohibition or restriction to which it is subject, is described in the table below to the extent permitted by the relevant statute and **subject to any order of a court**.\n\n|  | **Information, document or thing** | **Nature of statutory prohibition or restriction** |\n| --- | --- | --- |\n| 1. | [*Describe the information, document or thing*] | [*Describe the statutory prohibition or restriction on disclosure including, if permitted, the relevant statute and section*] |\n| 2. |  |  |\n| 3. |  |  |\n| 4. |  |  |\n| 5. |  |  |\n| 6. |  |  |\n| 7. |  |  |\n\n\n**Note**\n\nSee also section 416(2) of the **Criminal Procedure Act 2009** which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law.\n\n*No relevant information, document or thing has been withheld from the full brief because of a statutory prohibition or restriction on disclosure that has the effect of precluding disclosure to the prosecution or the defence.\n\n*Delete if not applicable\n\nSignature of relevant officer:\n\nName and position of relevant officer:\n\nAddress:\n\nTelephone:\n\nEmail address:\n\nDate:\n\n**Note**\n\nThis certificate must be completed by the informant or, if the informant did not investigate the offence that is the subject of the proceeding, the law enforcement officer who prepared the full brief and it must be served with the full brief.\n\nSch. 3 inserted by S.R. No. 57/2022 reg. 6.\n\nSchedule 3—Disclosure certificate—section 110A of the Act\n\nRegulation 27(b)\n\nDISCLOSURE CERTIFICATE\n\n(section 110A of the **Criminal Procedure Act 2009**)\n\nIn the [*court*] at [*venue*] Court Ref.:\n\n**Acknowledgement**\n\n1. I am aware that, as the *informant/*law enforcement officer who prepared the hand-up brief in this matter, I have a duty under the **Criminal Procedure Act 2009**, and at common law, to disclose to the accused all information, documents or things relevant to the alleged offence. I am aware that this duty is subject to—\n\n(a) any claim of privilege or public interest immunity that has been determined by a court; and\n\n(b) any immunity conferred by statute; and\n\n(c) any relevant statutory prohibition or restriction that has the effect of precluding disclosure to the prosecution or the defence.\n\n*2. [*To be included if this certificate is completed by the informant*] I am aware of my continuing obligation under the **Criminal Procedure Act 2009**, and at common law, to disclose to the accused any relevant information, document or thing that comes into my possession or to my notice after service of the hand-up brief.\n\n*3. [*To be included if this certificate is completed by the informant and the proceeding is conducted by the DPP*] I am aware of my obligation under section 415A of the **Criminal Procedure Act 2009** to provide to the DPP any information, document or thing that I possess or have knowledge of, or that the law enforcement agency I represent possesses or has knowledge of, that is relevant to the alleged offence, subject to the provisions in section 415A.\n\nI am aware that this obligation continues to apply to any information, document or thing that I come to possess or have knowledge of, or that the law enforcement agency I represent comes to possess or have knowledge of, after I have first complied with the requirements of section 415A.\n\n4. The information I have given in this certificate is true, to the best of my knowledge and belief, and has been reviewed by a superior officer within the law enforcement agency I represent. [*NOTE: A superior officer is a person to whom an organisation has given responsibility for reviewing disclosure certificates. If the informant or law enforcement officer completing this certificate is a member of Victoria Police, a superior officer must be a person who holds a rank senior to the informant or law enforcement officer.*]\n\n*Delete if not applicable\n\n**Notes**\n\n1. See section 110A(3) of the **Criminal Procedure Act 2009**.\n\n2. See also section 416(2) of the **Criminal Procedure Act 2009** which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law.\n\n**Schedule 1—Relevant material not contained in brief that is subject to a privilege or immunity (section 110A(1)(a)(i) and (ii) of the Criminal Procedure Act 2009)**\n\n*Relevant information, or a relevant document or thing, is not contained in the hand-up brief because it is the subject of a claim of privilege, a claim of public interest immunity, or an immunity conferred by statute.\n\nThis information, document or thing, and the nature of the privilege or immunity to which it is subject, is described in the table below **subject to any order of a court**.\n\n|  | **Information, document or thing** | **Nature of privilege or immunity** |\n| --- | --- | --- |\n| 1. | [*Describe the information, document or thing*] | [*Describe the privilege or immunity*] |\n| 2. |  |  |\n| 3. |  |  |\n| 4. |  |  |\n| 5. |  |  |\n| 6. |  |  |\n| 7. |  |  |\n\n\n**Notes**\n\n1. See also section 416(2) of the **Criminal Procedure Act 2009** which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law.\n\n2. See section 110A(3) of the **Criminal Procedure Act 2009** which provides that in completing a disclosure certificate, the relevant officer is not required to describe any information, document or thing, or the nature of the privilege, immunity, prohibition or restriction to which that information, document or thing is subject, in a way that would prejudice—\n\n(a) a claim of public interest immunity made to the Supreme Court in its inherent jurisdiction that has commenced or that the informant knows will be commenced; or\n\n(b) an application for a non-disclosure order that has commenced or that the informant knows will be commenced.\n\n3. See also section 119(fa) of the **Criminal Procedure Act 2009** which requires, subject to any order of a court, the prosecution to describe in the case direction notice certain information not described in a disclosure certificate.\n\n*No relevant information, document or thing has been withheld from the hand-up brief because of a claim of privilege, a claim of public interest immunity, or an immunity conferred by statute.\n\n*Delete if not applicable\n\n**Schedule 2—Relevant material not contained in brief that is subject to a statutory prohibition or restriction on disclosure (section 110A(1)(a)(iii) of the Criminal Procedure Act 2009)**\n\n*Relevant information, or a relevant document or thing, is not contained in the hand-up brief because it is the subject of a statutory prohibition or restriction on disclosure that has the effect of precluding disclosure to the prosecution or the defence.\n\nThis information, document or thing, and the nature of the prohibition or restriction to which it is subject, is described in the table below to the extent permitted by the relevant statute and **subject to any order of a court**.\n\n|  | **Information, document or thing** | **Nature of statutory prohibition or restriction** |\n| --- | --- | --- |\n| 1. | [*Describe the information, document or thing*] | [*Describe the statutory prohibition or restriction on disclosure including, if permitted, the relevant statute and section*] |\n| 2. |  |  |\n| 3. |  |  |\n| 4. |  |  |\n| 5. |  |  |\n| 6. |  |  |\n| 7. |  |  |\n\n\n**Note**\n\nSee also section 416(2) of the **Criminal Procedure Act 2009** which provides that nothing in that Act requires the prosecution to disclose to the accused material which the prosecution is required or permitted to withhold under that or any other Act or any rule of law.\n\n*No relevant information, document or thing has been withheld from the hand-up brief because of a statutory prohibition or restriction on disclosure that has the effect of precluding disclosure to the prosecution or the defence.\n\n*Delete if not applicable\n\nSignature of relevant officer:\n\nName and position of relevant officer:\n\nAddress:\n\nTelephone:\n\nEmail address:\n\nDate:\n\n**Note**\n\nThis certificate must be completed by the informant or, if the informant did not investigate the offence that is the subject of the proceeding, the law enforcement officer who prepared the hand-up brief and it must be served with the hand-up brief.\n\nSchedule 4—Prescribed offences—section 127A of the Act\n\nRegulation 28\n\n\t1 Common law\n\n1.1 Manslaughter.\n\n\t2 Crimes Act 1958\n\n2.1 An offence against section 3A of the **Crimes Act 1958** (unintentional killing in the course or furtherance of a crime of violence).\n\n2.2 An offence against section 5A of the **Crimes** **Act 1958** (child homicide).\n\n2.3 An offence against section 5B of the **Crimes** **Act 1958** (homicide by firearm).\n\n2.4 An offence against section 6 of the **Crimes** **Act 1958** (infanticide).\n\n2.5 An offence against section 197A of the **Crimes Act 1958** (arson causing death).\n\n\t3 Criminal Code Act 1995 of the Commonwealth\n\n3.1 An offence against section 71.2 of the Criminal Code of the Commonwealth (murder of a UN or associated person).\n\n3.2 An offence against section 71.3 of the Criminal Code of the Commonwealth (manslaughter of a UN or associated person).\n\n3.3 An offence against section 80.1AC of the Criminal Code of the Commonwealth (treachery).\n\n3.4 An offence against section 91.1(1) of the Criminal Code of the Commonwealth (espionage—dealing with information etc. concerning national security which is or will be communicated or made available to foreign principal).\n\n3.5 An offence against section 91.6 of the Criminal Code of the Commonwealth (aggravated espionage offence).\n\n3.6 An offence against section 101.1 of the Criminal Code of the Commonwealth (terrorist acts).\n\n3.7 An offence against section 101.6 of the Criminal Code of the Commonwealth (other acts done in preparation for, or planning, terrorist acts).\n\n3.8 An offence against section 103.1 of the Criminal Code of the Commonwealth (financing terrorism).\n\n3.9 An offence against section 103.2 of the Criminal Code of the Commonwealth (financing a terrorist).\n\n3.10 An offence against section 115.1 of the Criminal Code of the Commonwealth (murder of an Australian citizen or a resident of Australia).\n\n3.11 An offence against section 115.2 of the Criminal Code of the Commonwealth (manslaughter of an Australian citizen or a resident of Australia).\n\n3.12 An offence against section 119.1(1) of the Criminal Code of the Commonwealth (incursions into foreign countries with the intention of engaging in hostile activities).\n\n3.13 An offence against section 119.1(2) of the Criminal Code of the Commonwealth (incursions into foreign countries with the intention of engaging in hostile activities).\n\n3.14 An offence against section 119.4(1) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities).\n\n3.15 An offence against section 119.4(2) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities).\n\n3.16 An offence against section 119.4(3) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities).\n\n3.17 An offence against section 119.4(4) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities).\n\n3.18 An offence against section 119.4(5) of the Criminal Code of the Commonwealth (preparations for incursions into foreign countries for purpose of engaging in hostile activities).\n\n3.19 An offence against section 119.5(1) of the Criminal Code of the Commonwealth (allowing use of buildings, vessels and aircraft to commit offences).\n\n3.20 An offence against section 119.5(2) of the Criminal Code of the Commonwealth (allowing use of buildings, vessels and aircraft to commit offences).\n\n3.21 An offence against section 268.3 of the Criminal Code of the Commonwealth (genocide by killing).\n\n3.22 An offence against section 268.4 of the Criminal Code of the Commonwealth (genocide by causing serious bodily or mental harm).\n\n3.23 An offence against section 268.5 of the Criminal Code of the Commonwealth (genocide by deliberately inflicting conditions of life calculated to bring about physical destruction).\n\n3.24 An offence against section 268.6 of the Criminal Code of the Commonwealth (genocide by imposing measures intended to prevent births).\n\n3.25 An offence against section 268.7 of the Criminal Code of the Commonwealth (genocide by forcibly transferring children).\n\n3.26 An offence against section 268.8 of the Criminal Code of the Commonwealth (crime against humanity—murder).\n\n3.27 An offence against section 268.9 of the Criminal Code of the Commonwealth (crime against humanity—extermination).\n\n3.28 An offence against section 268.24 of the Criminal Code of the Commonwealth (war crime—wilful killing).\n\n3.29 An offence against section 268.35 of the Criminal Code of the Commonwealth (war crime—attacking civilians).\n\n3.30 An offence against section 268.37(1) of the Criminal Code of the Commonwealth (war crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission).\n\n3.31 An offence against section 268.38(1) of the Criminal Code of the Commonwealth (war crime—excessive incidental death, injury or damage).\n\n3.32 An offence against section 268.39 of the Criminal Code of the Commonwealth (war crime—attacking undefended places).\n\n3.33 An offence against section 268.40(1) of the Criminal Code of the Commonwealth (war crime—killing or injuring a person who is *hors de combat*).\n\n3.34 An offence against section 268.41 of the Criminal Code of the Commonwealth (war crime—improper use of a flag of truce).\n\n3.35 An offence against section 268.42 of the Criminal Code of the Commonwealth (war crime—improper use of a flag, insignia or uniform of the adverse party).\n\n3.36 An offence against section 268.43 of the Criminal Code of the Commonwealth (war crime—improper use of a flag, insignia or uniform of the United Nations).\n\n3.37 An offence against section 268.44 of the Criminal Code of the Commonwealth (war crime—improper use of the distinctive emblems of the Geneva Conventions).\n\n3.38 An offence against section 268.47(1) of the Criminal Code of the Commonwealth (war crime—mutilation).\n\n3.39 An offence against section 268.48(1) of the Criminal Code of the Commonwealth (war crime—medical or scientific experiments).\n\n3.40 An offence against section 268.49(1) of the Criminal Code of the Commonwealth (war crime—treacherously killing or injuring).\n\n3.41 An offence against section 268.50 of the Criminal Code of the Commonwealth (war crime—denying quarter).\n\n3.42 An offence against section 268.66(1) of the Criminal Code of the Commonwealth (war crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions).\n\n3.43 An offence against section 268.70 of the Criminal Code of the Commonwealth (war crime—murder).\n\n3.44 An offence against section 268.71(1) of the Criminal Code of the Commonwealth (war crime—mutilation).\n\n3.45 An offence against section 268.76(2) of the Criminal Code of the Commonwealth (war crime—sentencing or execution without due process).\n\n3.46 An offence against section 268.77 of the Criminal Code of the Commonwealth (war crime—attacking civilians).\n\n3.47 An offence against section 268.78(1) of the Criminal Code of the Commonwealth (war crime—attacking persons or objects using the distinctive emblems of the Geneva Conventions).\n\n3.48 An offence against section 268.79(1) of the Criminal Code of the Commonwealth (war crime—attacking personnel or objects involved in a humanitarian assistance or peacekeeping mission).\n\n3.49 An offence against section 268.90(1) of the Criminal Code of the Commonwealth (war crime—treacherously killing or injuring).\n\n3.50 An offence against section 268.91 of the Criminal Code of the Commonwealth (war crime—denying quarter).\n\n3.51 An offence against section 268.92(1) of the Criminal Code of the Commonwealth (war crime—mutilation).\n\n3.52 An offence against section 268.93(1) of the Criminal Code of the Commonwealth (war crime—medical or scientific experiments).\n\n3.53 An offence against section 268.97 of the Criminal Code of the Commonwealth (war crime—attack against works or installations containing dangerous forces resulting in excessive loss of life or injury to civilians).\n\n3.54 An offence against section 268.98 of the Criminal Code of the Commonwealth (war crime—attacking undefended places or demilitarized zones).\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 Criminal Procedure Regulations 2020, S.R. No. 134/2020 were made on 8 December 2020 by the Governor in Council under section 420 of the **Criminal Procedure Act 2009**, No. 7/2009 and came into operation on 13 December 2020: regulation 3.\n\nThe Criminal Procedure Regulations 2020 will sunset 10 years after the day of making on 8 December 2030 (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\nThis publication incorporates amendments made to the Criminal Procedure Regulations 2020 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nCriminal Procedure Amendment (Disclosure Certificates) Regulations 2022, S.R. No. 57/2022\n\n| *Date of Making:* | 26.7.22 |\n| --- | --- |\n| *Date of Commencement:* | 1.10.22: reg. 3 |\n\n\nCriminal Procedure Amendment Regulations 2025, S.R. No. 104/2025\n\n| *Date of Making:* | 14.10.25 |\n| --- | --- |\n| *Date of Commencement:* | 28.12.25: reg. 3 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 4(a): S.R. No. 169/2009 as amended by S.R. Nos 1/2011 and 46/2018. [↑](#endnote-ref-1)\n\n2. Reg. 4(b): S.R. No. 1/2011. [↑](#endnote-ref-2)\n\n3. Reg. 4(c): S.R. No. 46/2018. [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The legislation has grown beyond its original 2020 scope. The original regulations focused primarily on recorded evidence procedures (Divisions 5 and 6) and witness expenses. The 2022 amendments added disclosure certificates (Part 6), and the 2025 amendments significantly expanded the scope to include: (1) Part 8.2A recordings and intermediary-related uses (Part 3A), (2) police training uses of recordings (regulation 12A), (3) early committal procedures for serious offences (Part 7 and Schedule 4), and (4) extended retention periods. The witness expense provisions appear largely unchanged from the original 2009 regulations that these replaced, suggesting this is a consolidation statute that has accumulated additional functions over time."},"complexity_factors":["Multiple overlapping recording schemes (Division 5, Division 6, Part 8.2A) with slightly different rules for retention periods (6 months vs 10 years vs 12 months)","Cross-references to the Criminal Procedure Act 2009 (the parent Act) throughout, requiring familiarity with that legislation to understand context","Conditional logic for witness payments based on employment status, time of day, location (capital city vs other), and type of witness","Detailed prescribed forms in Schedules 2 and 3 with multiple conditional fields marked with asterisks for deletion if not applicable","Specific monetary amounts that require regular updating via amendment (evidenced by the 2025 amendments)","Nested exceptions for use of recordings: general prohibition, then exceptions for proceedings, then exceptions for training, then conditions on training exceptions (proceedings concluded, same person, written authorisation)","Multiple responsible parties for custody of recordings (Chief Commissioner of Police, registrar/prothonotary, Secretary to Department) depending on recording type"],"plain_english_summary":"These regulations set out the practical rules for handling recorded evidence in Victorian criminal trials, plus payments for witnesses and some court procedures.\n\n**What it covers:**\n\n**Recorded evidence (Parts 2, 3, and 3A)**\n- **Division 5 recordings**: Audio or video recordings of vulnerable witnesses (like children or victims of sexual assault) giving their main evidence before trial, usually to police. The rules say who can ask questions (trained police officers or intermediaries), what must be recorded (dates, times, who's present), and how these recordings are stored, copied, and eventually destroyed.\n- **Division 6 recordings**: Video recordings of witnesses giving evidence remotely during a trial (for example, from another location via video link). Similar rules about access, storage, and destruction.\n- **Part 8.2A recordings**: Recordings made when an intermediary (a communication specialist) helps a witness give evidence.\n- **Access**: Accused people and their lawyers can listen to or view these recordings, but must sign in to do so.\n- **Use restrictions**: These recordings can generally only be used for the court case they're part of, with limited exceptions for training police or intermediaries (only after all appeals are finished).\n\n**Witness payments (Part 4)**\n- Sets dollar amounts for paying prosecution witnesses for their time and expenses:\n  - **Expert witnesses**: Up to $158.80 per day depending on hours.\n  - **Other witnesses**: Compensation for lost income (up to $69.10/day) or expenses (up to $33.70/day).\n  - **Meals**: Specific amounts for breakfast, lunch, and dinner depending on location and timing.\n  - **Travel**: 18 cents per kilometre if using own car, or cost of public transport.\n  - **Accommodation**: Up to $150 per night if staying overnight.\n- Prisoners don't get paid.\n\n**Intermediaries (Part 5)**\n- Provides the oath or affirmation that intermediaries must take before helping witnesses communicate in court.\n\n**Disclosure certificates (Part 6)**\n- Sets out the forms police must complete to confirm they've handed over all relevant evidence to the accused, or explain why certain material was withheld (for example, due to public interest immunity or legal privilege).\n\n**Serious offences for early trial (Part 7)**\n- Lists very serious crimes (murder, terrorism, war crimes, genocide) that can be sent straight to the Supreme Court for trial without a preliminary hearing in a lower court.\n\n**Who it affects:**\n- Police officers who record witness statements\n- Vulnerable witnesses (children, sexual assault survivors, people with communication difficulties)\n- Accused people and their lawyers\n- Prosecution witnesses who need to claim expenses\n- Court staff and intermediaries\n\n**Why it matters:**\nThese rules protect vulnerable witnesses by allowing them to give evidence in a less intimidating way (recorded ahead of time or with help from specialists), while ensuring the accused can still fairly access and challenge that evidence. The witness payment rules ensure ordinary people aren't out of pocket for helping the justice system. The disclosure rules promote transparency and fair trials by requiring police to document what evidence they've shared or withheld."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The instrument as presented includes amendments that expand and refine the original 2020 Regulations. Notable scope changes added after the initial making include: (1) express authorisation and limits for use of Division 5 recordings for individual training or evaluation by the Chief Commissioner (Reg. 12A, inserted by S.R. No. 104/2025 reg. 7); (2) a new Part 3A allowing Victoria Police or courts to provide recordings to the Secretary to the Department and authorising the Secretary to permit uses to assist or train intermediaries and to authorise legal practitioners acting for the Secretary (Regs. 17A–17B, inserted by S.R. No. 104/2025 reg. 11); (3) insertion of prescribed forms for disclosure certificates under sections 41A and 110A of the Act (Reg. 27; Schedules 2–3, inserted by S.R. No. 57/2022); and (4) addition of a prescribed offences list for early committal (Reg. 28; Schedule 4, inserted by S.R. No. 104/2025 reg. 13). These amendments broaden permitted secondary uses (subject to conditions), formalise disclosure certificate practice, and specify offences captured by the early committal provision, thereby extending operational and procedural detail beyond the original text."},"complexity_factors":["Multiple distinct regimes for Division 5 (audio/audio‑visual) and Division 6 (audiovisual) recordings with different custody and retention rules (Regs. 7–13; 14–17)","Layered authorisation pathways: Chief Commissioner (Reg. 12A), Secretary to the Department (Regs. 17A–17B), and court/registrar/prothonotary roles (Regs. 14–17)","Conditional secondary uses for training or intermediary assistance that require proceedings to have concluded and appeal periods to have expired (Reg. 12A(2); Reg. 17A(3))","Interplay with the Criminal Procedure Act 2009 (frequent cross-references) so practical effect depends on provisions of the Act","Detailed procedural duties for informants/prosecution (notice, access arrangements, logs and prescribed disclosure certificates — Reg. 10–11; Reg. 27; Schedules 2–3)","Multiple retention and destruction timeframes (6 months for non-original Division 5 copies — Reg. 13(b); 12 months for other Division 6 copies and 10‑year retention for originals — Reg. 17(1)–(2))","Monetary schedules and evidentiary preconditions for witness payments (Regs. 18–24) that require case-by-case assessment","Extensive Schedule of prescribed offences (Schedule 4) increasing substantive scope for early committal rules","Recent substantive amendments inserted multiple new parts and regulations, increasing structural density (see regs inserted by S.R. No. 104/2025 and S.R. No. 57/2022)"],"plain_english_summary":"# What these Regulations do, who they affect, and why they matter\n\nThese Regulations set out detailed rules for how certain audio and audiovisual recordings used in criminal proceedings are made, stored, copied, accessed, used and destroyed; who may conduct recorded questioning; how recordings may be used for training or to assist intermediaries; the form and use of disclosure certificates; which offences are treated as \"prescribed\" for early committal; and the allowances and expense rules for prosecution witnesses.\n\nKey mechanical changes and rules (what the law does)\n\n- Recording lifecycle and content: A Division 5 (audio or audiovisual) recording must include date, place, start/finish times, identities of people present and break details (Reg. 7). Division 6 (audiovisual) recordings are subject to similar access and retention rules (Regs. 14–17).\n\n- Who may ask questions in a Division 5 recording: Members of Victoria Police who have completed a specified training course; persons authorised in writing by the Chief Commissioner who have completed the course; police in other States/Territories or the AFP in specified circumstances; and certain panel members who may act as intermediaries (Reg. 6).\n\n- Access and controlled use: Recordings, copies or transcripts may only be used in connection with the specific Part 8.2 proceedings or as allowed by these Regulations (Reg. 12(1), Reg. 16(1)). Outside those rules, possession or access is prohibited (Reg. 12(2), Reg. 16(2)). The informant or prosecution must notify accused persons of their right to listen/view and must record who accessed the recording (Regs. 10, 11, 14, 15).\n\n- Copying, custody and destruction: The Chief Commissioner of Police controls copies of Division 5 recordings, must ensure originals and specified edited copies are kept in safe custody, and must destroy other copies within specified timeframes (Reg. 8, Reg. 13). For Division 6 recordings the registrar or prothonotary is responsible; originals must be retained for 10 years after the relevant proceeding concludes, and other copies destroyed within 12 months of the relevant conclusion (Reg. 17(1)–(2)).\n\n- Authorised secondary uses for training and intermediaries: The Chief Commissioner may authorise limited individual training or evaluation uses of a Division 5 recording once all proceedings and appeals finish and only for the officer who conducted the questioning (Reg. 12A). Separately, Victoria Police or a relevant court may provide recordings to the Secretary of the Department for authorisation of use to assist or train intermediaries, subject to similar limits (Reg. 17A). The Secretary may also authorise an Australian legal practitioner acting for the Secretary to use a recording when acting for the Secretary in related proceedings (Reg. 17B).\n\n- Witness allowances and expenses: The Regulations set fixed rates and caps for expert witnesses (Reg. 18), and rules for other witnesses including loss-of-income caps, meal allowances by time and location, accommodation caps, and travel reimbursement rules (Regs. 19–22). A prisoner of the Crown cannot be paid (Reg. 23). Payments require satisfactory evidence before approval (Reg. 24).\n\n- Intermediaries and formalities: The prescribed oath/affirmation for intermediaries is included (Reg. 25; Schedule 1).\n\n- Disclosure certificates and forms: Prescribed forms for disclosure certificates under sections 41A and 110A of the Criminal Procedure Act 2009 are included (Reg. 27; Schedules 2 and 3), together with guidance on material withheld by privilege or statutory restriction.\n\n- Prescribed offences for early committal: A list of offences (including manslaughter, specified homicide and a range of Commonwealth offences such as terrorism, genocide and war crimes) is prescribed for the purpose of the Act’s early committal provisions (Reg. 28; Schedule 4).\n\nOfficially-stated purposes and testing them against costs, incentives and trade-offs\n\n- Official purposes (as stated): The Regulations aim to provide for the making, use, possession, copying, storage, access to and destruction of Division 5 and Division 6 recordings; to set prosecution witness allowances; and to allow use of recordings to assist or train intermediaries (Reg. 1(a)–(c), (ca)).\n\n- Implementation costs and administrative burden: Safe custody, record-keeping and staged destruction impose storage, IT and administrative costs on Victoria Police and courts (see Reg. 8, Reg. 13, Reg. 17). Different retention windows for Division 5 (destruction of non-original copies within 6 months — Reg. 13(b)) and Division 6 (originals retained 10 years — Reg. 17(2)) create parallel processes and potential complexity for record managers.\n\n- Incentives and behavioural effects: The Regulations centralise control over copying and authorisation with agency officials: the Chief Commissioner for Division 5 recordings (Reg. 8, Reg. 12A, Reg. 13) and the Secretary to the Department for intermediary and legal-practitioner authorisations (Regs. 17A–17B). That concentrates decision-making authority in those offices and makes use for training or evaluation contingent on written authorisations and on the conclusion of legal proceedings (Reg. 12A(2), Reg. 17A(3)), which limits earlier reuse of material.\n\n- Compliance burden on practitioners and parties: Informants/prosecutors must (a) give notice to accused persons of access rights and make recordings available at agreed times (Reg. 10), (b) keep records of who viewed or listened (Reg. 11, Reg. 15), and (c) use prescribed disclosure certificate forms when required (Reg. 27; Schedules 2–3). These are explicit administrative obligations.\n\n- Discretion and operational risk: Several rules depend on the exercise of administrative discretion (e.g. Chief Commissioner or Secretary authorisations under Reg. 12A, Reg. 17A–17B). Payments to witnesses require the approving officer to be satisfied with evidence of loss or expenditure (Reg. 24), leaving scope for case-by-case assessment.\n\n- Opportunity costs and substitution effects: Because secondary use for training or evaluation is limited to after proceedings and to the officer/intermediary who performed the function (Reg. 12A(2), Reg. 17A(3)), agencies cannot routinely reuse recordings for wider training while matters remain live, which restricts early internal reuse but protects privacy and evidentiary integrity.\n\nEffects on private enterprise, competition and independent actors\n\n- Direct effect on private businesses is limited. The main practical impacts fall on public agencies (Victoria Police, courts, Department) and on legal practitioners, intermediaries, witnesses and accused persons.\n\n- Access for private legal practitioners is regulated (not unrestricted): accused persons and their legal representatives have rights to view/listen to recordings, and the informant/prosecution must record who accessed them (Regs. 10–11, 14–15). Legal practitioners acting for the Secretary may be authorised to use copies for specific purposes (Reg. 17B).\n\nWho pays, who decides, and what behaviour changes\n\n- Who pays: Payments to witnesses are authorised by regulation and must be approved by an authorised person of the prosecution agency; the approving officer must be satisfied with documentary evidence before payment (Reg. 24). The Regulations do not name an explicit funding source; payments are treated as prosecution-authorised expenses (Regs. 18–24).\n\n- Who decides: The Chief Commissioner of Police controls making copies and authorising certain training uses of Division 5 recordings (Regs. 8, 12A, 13). Registrars, prothonotaries or the Office of Public Prosecutions manage Division 6 access and custody (Regs. 14–17). The Secretary to the Department authorises intermediary and legal-practitioner uses of recordings provided to the Department (Regs. 17A–17B). Informants or prosecution officers must give notice and keep access logs (Regs. 9–11, 14–15).\n\n- Behaviour changes required: Police and court staff must follow recordkeeping, custody and destruction rules; informants must provide access and disclosure certificates where required; authorised officers must evaluate and approve witness payments with evidence; and agencies must follow the written-authorisation steps before reusing recordings for training or intermediary assistance (Regs. 7–13, 17–17B, 18–24, 27).\n\nImplementation risk and administrative trade-offs\n\n- Risk of inconsistent implementation across agencies because different offices (Chief Commissioner, registrar/prothonotary, Secretary) have different responsibilities (Regs. 8, 13, 17, 17A–17B).\n\n- Administrative trade-off between protecting evidentiary and privacy interests (tight limits on access and reuse; delayed training use until proceedings conclude — Reg. 12A(2), Reg. 17A(3)) and the operational benefits of wider, earlier internal use of recordings for training or assessment.\n\n- The Regulations create clearly defined duties and forms (disclosure certificates and oaths) that reduce uncertainty but add routine compliance steps for prosecutors, police and courts (Reg. 25; Reg. 27; Schedules 1–3).\n\nBottom line (mechanical and practical):\n\nThese Regulations create a detailed, rule-based regime for how specified court-related audio and audio‑visual recordings are produced, handled, accessed, used and destroyed; who may conduct recorded questioning; limited conditions under which recordings can be reused for training or intermediary support; standard forms for disclosure certificates; a list of offences for early committal; and explicit rates and evidence rules for witness allowances. The main administrative responsibilities fall on Victoria Police, relevant court officers and the Department; the main financial impacts are the witness payments and the storage/administration costs borne by public agencies (see Regs. 8, 13, 17, 18–24)."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope change cannot be determined from the text provided. The supplied content contains only version history and administrative metadata, with no substantive provisions to compare against any original legislative intent or explanatory materials."},"complexity_factors":["Insufficient substantive content provided — only metadata and version history labels are present in the supplied text","No actual regulatory provisions, schedules, definitions, or operative clauses were included for analysis","Criminal procedure regulations as a category are typically moderately complex (cross-referencing parent Acts, court rules, and forms), but that complexity cannot be assessed here","The score of 2 reflects the minimal analysable content, not an assessment of the underlying legislation itself"],"plain_english_summary":"## Criminal Procedure Regulations 2020\n\n**What is this?**\nThis is a set of regulations (detailed rules that support a broader law) governing how criminal court proceedings are conducted in the relevant jurisdiction.\n\n**⚠️ Important note:** The text provided contains only the *metadata shell* of this legislation — version history, status information, and administrative labels — but **no actual substantive content**. The real rules, forms, fees, timeframes, and procedural requirements that would affect people are not visible in the text provided.\n\n**Who would typically be affected by criminal procedure regulations?**\n- People charged with criminal offences\n- Victims and witnesses giving evidence in court\n- Lawyers representing parties in criminal matters\n- Police and prosecutors\n- Court administrators\n\n**Why does this type of law matter?**\nCriminal procedure rules determine *how* the justice system operates day-to-day — things like how documents must be filed, what forms to use, court fees, timeframes for taking steps in a case, and how hearings are conducted. Getting these things wrong can have serious consequences for people involved in criminal proceedings.\n\n**Bottom line:** Based solely on the text provided, a meaningful analysis of what this law *actually does* to real people cannot be completed. Only the administrative wrapper of the legislation was supplied."}},"importantCases":[],"_links":{"self":"/api/acts/criminal-procedure-regulations-2020","history":"/api/acts/criminal-procedure-regulations-2020/history","analysis":"/api/acts/criminal-procedure-regulations-2020/analysis","conflicts":"/api/acts/criminal-procedure-regulations-2020/conflicts","importantCases":"/api/acts/criminal-procedure-regulations-2020/important-cases","documents":"/api/acts/criminal-procedure-regulations-2020/documents"}}