{"id":"evidence-examination-of-witnesses-outside-the-state-regulations-1991","name":"Evidence (Examination of witnesses outside the State) Regulations 1991","slug":"evidence-examination-of-witnesses-outside-the-state-regulations-1991","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176621,"registerId":"wa-evidence-examination-of-witnesses-outside-the-state-regulations-1991-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Evidence (Examination of witnesses outside the State) Regulations 1991","content":"![Crest]()Western Australia\n\nEvidence Act 1906\n\nEvidence (Examination of witnesses outside the State) Regulations 1991\n\nWestern Australia\n\nEvidence (Examination of witnesses outside the State) Regulations 1991\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Judicial authorities prescribed for Act s. 109 1\n\nNotes\n\nCompilation table 3\n\nUncommenced provisions table 3\n\n  \n\nWestern Australia\n\nEvidence Act 1906\n\nEvidence (Examination of witnesses outside the State) Regulations 1991\n\n##### 1. Citation\n\nThese regulations may be cited as the *Evidence (Examination of witnesses outside the State) Regulations 1991* 1.\n\n##### 2. Commencement\n\nThese regulations shall come into operation on the day on which section 9 of the *Evidence Amendment Act 1987* comes into operation 1.\n\n##### 3. Judicial authorities prescribed for Act s. 109\n\nUnder section 109 of the Act, the courts or persons in Column 2 of the Table to this regulation are prescribed as appropriate judicial authorities for the place beside them in Column 1 of the Table.\n\n**Table**\n\n| **Column 1** | **Column 2** |\n| --- | --- |\n| Australian Capital Territory | The Supreme Court   Magistrates Court |\n| New South Wales | The Supreme Court   The District Court   A Local Court |\n| Northern Territory | A Judge of the Supreme Court   A Magistrate |\n| Queensland | The Supreme Court   The District Courts   The Magistrates Courts |\n| South Australia | The Supreme Court   A District Court   The Magistrates Court |\n| Tasmania | The Supreme Court |\n| Victoria | The Supreme Court |\n\n\n[Regulation 3 amended: Gazette 11 Mar 2008 p. 820‑1.]\n\n![]()\n\nNotes\n\nThis is a compilation of the *Evidence (Examination of witnesses outside the State) Regulations 1991* and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Evidence (Examination of witnesses outside the State) Regulations 1991* | 8 Mar 1991 p. 1032 | 8 Mar 1991 (see r. 2 and *Gazette* 8 Mar 1991 p. 1030) |\n| **Reprint 1: The *Evidence (Examination of witnesses outside the State) Regulations 1991* as at 5 Mar 2004** | | |\n| *Evidence (Examination of witnesses outside the State) Amendment Regulations 2008* | 11 Mar 2008 p. 820‑1 | r. 1 and 2: 11 Mar 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 12 Mar 2008 (see r. 2(b)) |\n\n\nUncommenced provisions table\n\nTo view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website.\n\n| **Citation** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Evidence Act 2025* assented to 25 Sep 2025 s. 387(b) | | To be proclaimed (see s. 2(e)) |\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for review. No comparison between original intent and final form is possible from the retrieved content."},"complexity_factors":["No legislative content was retrievable — only an error/redirect page was provided","No substantive legal text, provisions, or definitions could be assessed","Complexity cannot be meaningfully rated without access to the actual instrument","Score of 1 reflects absence of analysable content, not simplicity of the underlying law"],"plain_english_summary":"These regulations (not retrieved here) would set out how witnesses located outside Western Australia can give evidence in WA proceedings—e.g., by remote testimony or examination before officials elsewhere. They affect courts, litigants, lawyers and out‑of‑state or overseas witnesses by governing procedure, admissibility and the practical logistics of taking evidence across jurisdictions."},"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of prescribing judicial authorities for interstate evidence-taking under section 109 of the Evidence Act 1906. The 2008 amendment updated court names (changing 'Court of Petty Sessions' to 'Magistrates Court' in some jurisdictions) but did not expand the scope beyond the original intent."},"complexity_factors":["Only 3 operative regulations total","Single substantive provision (Regulation 3) consisting of a simple lookup table","No defined terms section","No conditional logic or nested exceptions","No cross-references to other legislation beyond the parent Act (Evidence Act 1906)","Straightforward prescriptive structure: 'Column 1 = place, Column 2 = appropriate authority'"],"plain_english_summary":"These regulations set out which courts and judges in other Australian states and territories can be used to take evidence from witnesses who are outside Western Australia.\n\n**What this means in practice:**\nIf someone in another state (like New South Wales or Victoria) has important information for a WA court case, but can't travel to WA to give evidence, these rules say which courts or judges in that other state can officially record their testimony.\n\n**Who is affected:**\n- **Lawyers and litigants** in WA who need to gather evidence from interstate witnesses\n- **Courts in other states** who assist WA courts by examining witnesses locally\n- **Witnesses** living outside WA who are required to give evidence for WA proceedings\n\n**The specific courts listed:**\nThe regulations name specific courts for each jurisdiction:\n- **ACT:** Supreme Court, Magistrates Court\n- **NSW:** Supreme Court, District Court, Local Courts\n- **NT:** Supreme Court judges, Magistrates\n- **Queensland:** Supreme Court, District Courts, Magistrates Courts\n- **SA:** Supreme Court, District Court, Magistrates Court\n- **Tasmania:** Supreme Court only\n- **Victoria:** Supreme Court only\n\n**Why it matters:**\nWithout these rules, WA courts wouldn't have a clear legal pathway to obtain sworn testimony from people living interstate. This ensures fair trials by allowing all relevant evidence to be gathered, regardless of where witnesses live."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":true,"description":"The regulation's substantive scope remains narrow (prescribing appropriate judicial authorities for s.109), but the list of prescribed authorities was amended (see note: 'Regulation 3 amended: Gazette 11 Mar 2008 p. 820‑1'), so the set of courts covered has changed since original enactment. Commencement remains linked to the Evidence Amendment Act 1987 (Reg.2)."},"complexity_factors":["Very narrow subject‑matter: only prescribes appropriate judicial authorities for section 109 of the Evidence Act (Regulation 3).","Small size and few provisions: three short regulations (rr.1–3) limit internal cross‑references (Regs 1–3).","Dependence on primary legislation: operates by reference to Evidence Act s.109, so interpretation requires consulting that Act (Reg.3).","Commencement linkage: operation tied to commencement of section 9 of the Evidence Amendment Act 1987, adding a timing dependency (Regulation 2).","Amendment history: Reg.3 was amended in 2008, so historical versions matter for past cases (note: 'Regulation 3 amended: Gazette 11 Mar 2008 p. 820‑1').","Low administrative burden: it prescribes authorities rather than creating substantive procedures, so compliance is mainly confirmation of authority rather than new filings (Reg.3).","Cross‑jurisdiction detail: requires matching specific courts to named jurisdictions, which can create practical checking costs for practitioners when jurisdictions or court names change (Table to Reg.3)."],"plain_english_summary":"_Evidence (Examination of witnesses outside the State) Regulations 1991_ names which courts and judicial officers in other Australian jurisdictions count as the 'appropriate judicial authorities' for taking evidence out of Western Australia under s.109 of the Evidence Act. It affects courts, lawyers and parties organising out‑of‑state witness examinations, and matters because it fixes who may lawfully take such evidence and when the rules come into force (see r.2 and r.3)."}},"importantCases":[],"_links":{"self":"/api/acts/evidence-examination-of-witnesses-outside-the-state-regulations-1991","history":"/api/acts/evidence-examination-of-witnesses-outside-the-state-regulations-1991/history","analysis":"/api/acts/evidence-examination-of-witnesses-outside-the-state-regulations-1991/analysis","conflicts":"/api/acts/evidence-examination-of-witnesses-outside-the-state-regulations-1991/conflicts","importantCases":"/api/acts/evidence-examination-of-witnesses-outside-the-state-regulations-1991/important-cases","documents":"/api/acts/evidence-examination-of-witnesses-outside-the-state-regulations-1991/documents"}}