{"id":"sr:evidence-examination-witnesses-outside-state-regulations-2021","name":"Evidence (Examination of Witnesses Outside the State) Regulations 2021","slug":"evidence-examination-of-witnesses-outside-the-state-regulations-2021","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":185829,"registerId":"vic-sr:evidence-examination-witnesses-outside-state-regulations-2021-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 2021","content":"Version No. 001\n\n**Evidence (Examination of Witnesses Outside the State) Regulations 2021**\n\n**S.R. No. 39/2021**\n\nVersion as at  \n16 May 2021\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Judicial authorities prescribed 1\n\n═════════════\n\nEndnotes 3\n\n1 General information 3\n\n2 Table of Amendments 5\n\n3 Amendments Not in Operation 6\n\n4 Explanatory details 7\n\n**Version No.** **001**\n\n**Evidence (Examination of Witnesses Outside the State) Regulations 2021**\n\n**S.R. No. 39/2021**\n\nVersion as at  \n16 May 2021\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe courts and persons in other States and Territories as appropriate judicial authorities for the purposes of section 9G of the **Evidence (Miscellaneous Provisions) Act 1958**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 152 of the **Evidence (Miscellaneous Provisions) Act 1958**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 16 May 2021.\n\n\t4 Revocation\n\nThe Evidence (Examination of Witnesses Outside the State) Regulations 2011[[1]](#endnote-1) are **revoked**.\n\n\t5 Judicial authorities prescribed\n\nFor the purposes of the definition of ***judicial authority*** in section 9G of the **Evidence (Miscellaneous Provisions) Act 1958**—\n\n(a) the Supreme Court of the Australian Capital Territory is prescribed as an appropriate judicial authority for the Australian Capital Territory;\n\n(b) the Supreme Court of New South Wales is prescribed as an appropriate judicial authority for New South Wales;\n\n(c) a judge of the Supreme Court of the Northern Territory is prescribed as an appropriate judicial authority for the Northern Territory;\n\n(d) the Supreme Court of Queensland is prescribed as an appropriate judicial authority for Queensland;\n\n(e) the Supreme Court of South Australia is prescribed as an appropriate judicial authority for South Australia;\n\n(f) the Supreme Court of Tasmania is prescribed as an appropriate judicial authority for Tasmania;\n\n(g) the Supreme Court of Western Australia is prescribed as an appropriate judicial authority for Western Australia.\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 Evidence (Examination of Witnesses Outside the State) Regulations 2021, S.R. No. 39/2021 were made on 27 April 2021 by the Governor in Council under section 152 of the **Evidence (Miscellaneous Provisions) Act 1958**, No. 6246/1958 and came into operation on 16 May 2021: regulation 3.\n\nThe Evidence (Examination of Witnesses Outside the State) Regulations 2021 will sunset 10 years after the day of making on 27 April 2031 (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 Evidence (Examination of Witnesses Outside the State) Regulations 2021 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThis version does not contain amendments that are not yet in operation.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 28/2011. [↑](#endnote-ref-1)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The Regulations replace the 2011 instrument (reg 4) and simply prescribe which courts or judicial officers serve as the \"judicial authority\" for s9G (reg 5). They do not add procedural requirements or new categories of authority; they commence 16 May 2021 (reg 3) and—per endnotes—will sunset on 27 April 2031."},"complexity_factors":["Very short instrument (5 regulations) and narrow subject matter (prescribing judicial authorities).","Directly depends on and operates under the parent Act (Evidence (Miscellaneous Provisions) Act 1958) — see regs 1–2 and definition reference to s9G.","Revokes an earlier instrument (reg 4), so interpretation may require comparing with the 2011 Regulations for historical practice.","Lists specific courts/officers for each State/Territory (reg 5) — low legislative detail but potential inter‑jurisdictional procedural implications.","Minimal delegated discretion or procedural rules in this instrument; operational detail remains in the parent Act or practice directions.","Sunset provision noted in endnotes (10‑year automatic repeal risk) affects longevity and planning."],"plain_english_summary":"**What this does:** These Regulations name which courts or judicial officers in each State and Territory count as the 'judicial authority' under section 9G of the Evidence (Miscellaneous Provisions) Act 1958, so parties can obtain authorisations to examine witnesses outside Victoria. They revoke the 2011 Regulations and commenced on 16 May 2021.\n\n**Who it affects:** People and legal practitioners who need court authorisation to take evidence outside the State must apply to the listed supreme courts (or, in the Northern Territory, a Supreme Court judge)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available metadata only, there is no indication that the scope of these regulations changed from their original intent. The regulations appear to serve a straightforward procedural purpose consistent with what their title suggests. However, without access to the full text, this assessment is limited."},"complexity_factors":["Cross-jurisdictional procedural rules can involve coordination between multiple legal systems","Regulations sit beneath and must be read alongside a parent Act, adding a layer of complexity","Full text was not available for analysis — assessed complexity is based on subject matter alone and may be understated","Generally procedural in nature rather than substantively complex, keeping the score low"],"plain_english_summary":"These regulations set out how witnesses who are located outside the state can give evidence for proceedings without physically attending court, so cross‑border testimony can be taken and used in cases. They primarily affect parties, lawyers, and courts dealing with interstate or overseas witnesses, helping prevent delays or injustice caused by geography.\n\nNote: only the regulations' title and metadata were available, so specific procedural details could not be reviewed."},"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":1,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose. It is a straightforward remake of the 2011 regulations with the same scope: prescribing judicial authorities for interstate witness examinations. No expansion of purpose or function has occurred."},"complexity_factors":["Only 5 substantive regulations, with 4 being standard machinery provisions (objective, authorisation, commencement, revocation)","Zero defined terms within the regulations themselves (relies entirely on definitions in the parent Act)","No cross-references between provisions within the instrument","No conditional logic, exceptions, or nested provisions","Regulation 5 is a simple list of 7 corresponding authorities with identical structure for each item","Total length is approximately 2 pages of substantive content"],"plain_english_summary":"**What this does:**\nThese regulations are a simple update to Victorian law that tells Victorian courts which courts and judges in other Australian states and territories can legally help take evidence from witnesses who live outside Victoria.\n\n**Who it affects:**\n- **Lawyers and litigants** in Victorian court cases who need to question witnesses in other states\n- **Courts across Australia** that assist with these cross-border examinations\n- **Witnesses** who live outside Victoria but have evidence needed for a Victorian case\n\n**Why it matters:**\nWhen someone in a Victorian court case needs to question a witness who lives in, say, Queensland, Victorian law requires a \"judicial authority\" in Queensland to supervise that questioning. These regulations simply list which specific courts and judges count as those authorities in each state and territory. It's essentially a directory that keeps Victorian court processes working smoothly across state borders.\n\n**The practical effect:**\nThe regulations replace an older 2011 version and confirm that Supreme Courts (and individual judges in the Northern Territory) are the appropriate authorities for handling these witness examinations in each jurisdiction."}},"importantCases":[],"_links":{"self":"/api/acts/evidence-examination-of-witnesses-outside-the-state-regulations-2021","history":"/api/acts/evidence-examination-of-witnesses-outside-the-state-regulations-2021/history","analysis":"/api/acts/evidence-examination-of-witnesses-outside-the-state-regulations-2021/analysis","conflicts":"/api/acts/evidence-examination-of-witnesses-outside-the-state-regulations-2021/conflicts","importantCases":"/api/acts/evidence-examination-of-witnesses-outside-the-state-regulations-2021/important-cases","documents":"/api/acts/evidence-examination-of-witnesses-outside-the-state-regulations-2021/documents"}}