{"id":"sl-2009-23","name":"Evidence (Miscellaneous Provisions) Regulation 2009","slug":"evidence-miscellaneous-provisions-regulation-2009","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"23 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173363,"registerId":"act-sl-2009-23-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Evidence (Miscellaneous Provisions) Regulation 2009","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEvidence (Miscellaneous Provisions)\nRegulation 2009\nSL2009-23\nmade under the\nEvidence (Miscellaneous Provisions) Act 1991\nRepublication No 5\nEffective: 9 March 2020\nRepublication date: 9 March 2020\nLast amendment made by A2019-41\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Evidence (Miscellaneous Provisions) Regulation 2009, made under\nthe Evidence (Miscellaneous Provisions) Act 1991 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 9 March 2020. It also includes\nany commencement, amendment, repeal or expiry affecting this republished law to\n9 March 2020.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n09/03/20\nEvidence (Miscellaneous Provisions) Regulation 2009\nEffective: 09/03/20\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEvidence (Miscellaneous Provisions)\nRegulation 2009\nmade under the\nEvidence (Miscellaneous Provisions) Act 1991\nContents\nPage\nPart 1 Preliminary\n1 Name of regulation 2\n2 Dictionary 2\n3 Notes 2\nPart 2 Witness intermediaries\n3A Intermediaries administrator—Act, s 4AG (2), definition of\nintermediaries administrator 3\n3B Prescribed witnesses—Act, s 4AK (1) 3\n\nContents\nPage\ncontents 2 Evidence (Miscellaneous Provisions) Regulation 2009\nEffective: 09/03/20\nR5\n09/03/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Sexual, violent and family violence offence\nproceedings\n4 Prescribed person—Act, s 51 (1) and (3) 4\n5 Responsible person—Act, s 53 (4) (b) 4\nDictionary 5\nEndnotes\n1 About the endnotes 6\n2 Abbreviation key 6\n3 Legislation history 7\n4 Amendment history 8\n5 Earlier republications 9\n\nR5\n09/03/20\nEvidence (Miscellaneous Provisions) Regulation 2009\nEffective: 09/03/20\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nEvidence (Miscellaneous Provisions)\nRegulation 2009\nmade under the\nEvidence (Miscellaneous Provisions) Act 1991\n\nPart 1 Preliminary\nSection 1\npage 2 Evidence (Miscellaneous Provisions) Regulation 2009\nEffective: 09/03/20\nR5\n09/03/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of regulation\nThis regulation is the Evidence (Miscellaneous Provisions)\nRegulation 2009.\n2 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation.\nNote 2 A definition in the dictionary applies to the entire regulation unless the\ndefinition, or another provision of the regulation, provides otherwise or\nthe contrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this regulation is explanatory and is not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nWitness intermediaries Part 2\nSection 3A\nR5\n09/03/20\nEvidence (Miscellaneous Provisions) Regulation 2009\nEffective: 09/03/20\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Witness intermediaries\n3A Intermediaries administrator—Act, s 4AG (2), definition of\nintermediaries administrator\nThe intermediaries administrator is the victims of crime\ncommissioner.\n3B Prescribed witnesses—Act, s 4AK (1)\n(1) The following witnesses are prescribed:\n(a) a child complainant in a sexual offence proceeding;\n(b) a child in a serious violent offence proceeding involving the\ndeath of a person.\n(2) In this section:\nchild, in a proceeding, see the Act, section 42.\ncomplainant, in relation to a proceeding for an offence—see the Act,\nsection 42.\nserious violent offence proceeding––see the Act, section 40.\nsexual offence proceeding––see the Act, section 41.\n\nPart 3 Sexual, violent and family violence offence proceedings\nSection 4\npage 4 Evidence (Miscellaneous Provisions) Regulation 2009\nEffective: 09/03/20\nR5\n09/03/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Sexual, violent and family\nviolence offence proceedings\n4 Prescribed person—Act, s 51 (1) and (3)\n(1) For the Act, section 51 (1) and (3), a prescribed person is—\n(a) a police officer who has completed training in the making of\naudiovisual recordings of witnesses answering questions in\nrelation to the investigation of sexual or violent offences; or\n(b) for an audiovisual recording of a witness in a proceeding\nmentioned in the Act, section 41 (b) and (c)—a police officer;\nor\n(c) an intermediary.\n(2) The training mentioned in subsection (1) (a) may be completed—\n(a) in the ACT or elsewhere; and\n(b) before or after the commencement of this section.\n(3) In this section:\npolice officer includes a person who is a member of the police force\nof a State or another Territory if—\n(a) provisions of the law of that State or Territory correspond\n(or substantially correspond) to the Act, division 4.3.3 (Special\nrequirements—audiovisual recording of police interview); and\n(b) the person is trained in the taking of evidence under those\nprovisions.\n5 Responsible person—Act, s 53 (4) (b)\nFor the Act, section 53 (4) (b), a prescribed position is the\nSuperintendent of Prosecution and Judicial Support.\n\nDictionary\nR5\n09/03/20\nEvidence (Miscellaneous Provisions) Regulation 2009\nEffective: 09/03/20\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis regulation.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following term:\n• victims of crime commissioner.\nNote 3 Terms used in this regulation have the same meaning that they have in\nthe Evidence (Miscellaneous Provisions) Act 1991 (see Legislation Act,\ns 148). For example, the following term is defined in the Evidence\n(Miscellaneous Provisions) Act 1991, dict:\n• intermediary (see s 4AG).\n\nEndnotes\n1 About the endnotes\npage 6 Evidence (Miscellaneous Provisions) Regulation 2009\nEffective: 09/03/20\nR5\n09/03/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR5\n09/03/20\nEvidence (Miscellaneous Provisions) Regulation 2009\nEffective: 09/03/20\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nEvidence (Miscellaneous Provisions) Regulation 2009 SL2009-23\nnotified LR 28 May 2009\ns 1, s 2 commenced 28 May 2009 (LA s 75 (1))\nremainder commenced 30 May 2009 (s 2 and see Sexual and Violent\nOffences Legislation Amendment Act 2008 A2008-41, s 2 and\nCN2009-3)\nas amended by\nCrimes (Domestic and Family Violence) Legislation Amendment\nAct 2015 A2015-40 sch 1 pt 1.9\nnotified LR 4 November 2015\ns 1, s 2 commenced 4 November 2015 (LA s 75 (1))\nsch 1 pt 1.9 commenced 4 May 2016 (s 2 (2))\nRoyal Commission Criminal Justice Legislation Amendment Act 2018\nA2018-46 pt 5\nnotified LR 4 December 2018\ns 1, s 2 commenced 4 December 2018 (LA s 75 (1))\npt 5 commenced 5 December 2018 (s 2)\nEvidence (Miscellaneous Provisions) Amendment Act 2019 A2019-41\npt 3\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\ns 3 commenced 31 January 2020 (s 2 and CN2020-2)\ns 9, s 10, s 11 (so far as it ins pt 2 hdg, s 3A), ss 12-14 commenced\n31 January 2020 (s 2 and CN2020-2)\npt 3 remainder commenced 9 March 2020 (s 2 and CN2020-4)\n\nEndnotes\n4 Amendment history\npage 8 Evidence (Miscellaneous Provisions) Regulation 2009\nEffective: 09/03/20\nR5\n09/03/20\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nPreliminary\npt 1 hdg ins A2019-41 s 9\nDictionary\ns 2 om LA s 89 (4)\nins A2019-41 s 10\nWitness intermediaries\npt 2 hdg ins A2019-41 s 11\nIntermediaries administrator—Act, s 4AG (2), definition of intermediaries\nadministrator\ns 3A ins A2019-41 s 11\nPrescribed witnesses—Act, s 4AK (1)\ns 3B ins A2019-41 s 11\nSexual, violent and family violence offence proceedings\npt 3 hdg ins A2019-41 s 12\nPrescribed person—Act, s 51 (1) and (3)\ns 4 am A2015-40 amdt 1.15\nsub A2018-46 s 54\nam A2019-41 s 13\nResponsible person—Act, s 53 (4) (b)\ns 5 sub A2018-46 s 54\nDictionary\ndict ins A2019-41 s 14\n\nEndnotes\nEarlier republications 5\nR5\n09/03/20\nEvidence (Miscellaneous Provisions) Regulation 2009\nEffective: 09/03/20\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n30 May 2009\n30 May 2009–\n3 May 2016\nnot amended new regulation\nR2\n4 May 2016\n4 May 2016–\n4 Dec 2018\nA2015-40 amendments by\nA2015-40\nR3\n5 Dec 2018\n5 Dec 2018–\n30 Jan 2020\nA2018-46 amendments by\nA2018-46\nR4\n31 Jan 2020\n31 Jan 2020–\n8 Mar 2020\nA2019-41 amendments by\nA2019-41\n© Australian Capital Territory 2020","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulation remains tightly focused on its original purpose: operational details for the witness intermediary scheme and audiovisual recording procedures. The 2019 amendments added the witness intermediary framework (Part 2) and updated the responsible position (section 5), but these expanded the regulation within its existing protective purpose rather than diverting it to new areas. The scope has grown slightly to accommodate new legislative schemes, but has not drifted from its core function of supporting vulnerable witnesses in criminal proceedings."},"complexity_factors":["Very short document — only 5 substantive sections across 9 pages","Minimal defined terms — only 4 terms defined in the dictionary (child, complainant, serious violent offence proceeding, sexual offence proceeding)","Simple structure — three clear parts (Preliminary, Witness intermediaries, Sexual/violent offence proceedings)","No nested exceptions or conditional logic — provisions are straightforward prescriptions","Heavy reliance on parent Act — most substantive rules are in the Evidence (Miscellaneous Provisions) Act 1991; this regulation merely fills in specific details (names, positions, categories)","No cross-references beyond the parent Act and standard interpretation legislation"],"plain_english_summary":"This regulation sets practical rules for how vulnerable witnesses—especially children in sexual, serious violent and family violence cases—give evidence in ACT criminal proceedings. It appoints the Victims of Crime Commissioner to oversee a witness intermediary scheme, names a responsible prosecutorial officer, and limits who may make audiovisual recordings of police interviews.\n\nIt affects child victims/witnesses, police, prosecutors and court staff, and aims to reduce trauma while preserving admissible evidence."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulation’s scope has been altered since the original 2009 text. Amendments inserted a Part on witness intermediaries (ss 3A–3B) in 2019 (A2019‑41), and s 4 was amended in 2015, 2018 and 2019 to clarify prescribed persons, training permissibility and interstate recognition (see amendment history and endnotes). Section 5 (responsible position) was substituted in 2018. These changes expand and specify administrative roles, prescribed witness categories and training/eligibility rules."},"complexity_factors":["Cross‑references to the parent Act for key definitions and categories (see dictionary note; relies on Evidence (Miscellaneous Provisions) Act 1991 for terms such as 'intermediary', 'child', 'complainant', 'serious violent offence proceeding' and 'sexual offence proceeding').","Multiple small prescriptions rather than broad rules: specific roles are named (intermediaries administrator—s 3A; prescribed witnesses—s 3B; prescribed person—s 4; responsible position—s 5), increasing fragmentation but keeping each item short.","Training-related flexibility (s 4(2)) — training may occur in any jurisdiction and before or after commencement — creates intertemporal and interstate compliance considerations for police.","Interstate recognition of police training (s 4(3)) — permits members of other jurisdictions’ forces to act if their laws and training correspond, producing conditional complexity in proving eligibility.","Dependence on administrative appointments and discretion (s 3A and s 5): administrative responsibility is assigned to named offices rather than setting procedural rules, shifting implementation detail to agencies.","Amendment history and inserted Parts (see endnotes and amendment history) mean practitioners must track changes across several instruments to know current scope."],"plain_english_summary":"This regulation adds operational detail to the Evidence (Miscellaneous Provisions) Act 1991: it names the victims of crime commissioner as the intermediaries administrator, prescribes which child witnesses may use an intermediary, identifies who may make audiovisual recordings (trained police, certain police officers or an intermediary), and designates the Superintendent of Prosecution and Judicial Support as the responsible position. It affects child witnesses, police, intermediaries and prosecution support by fixing who may act, where training may be done (including interstate) and who holds administrative responsibility."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/evidence-miscellaneous-provisions-regulation-2009","history":"/api/acts/evidence-miscellaneous-provisions-regulation-2009/history","analysis":"/api/acts/evidence-miscellaneous-provisions-regulation-2009/analysis","conflicts":"/api/acts/evidence-miscellaneous-provisions-regulation-2009/conflicts","importantCases":"/api/acts/evidence-miscellaneous-provisions-regulation-2009/important-cases","documents":"/api/acts/evidence-miscellaneous-provisions-regulation-2009/documents"}}