{"id":"evidence-regulations-2022","name":"Evidence Regulations 2022","slug":"evidence-regulations-2022","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":235435,"registerId":"sa-evidence-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Evidence Regulations 2022","content":"South Australia\nEvidence Regulations 2022\nunder the Evidence Act 1929\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tDomestic violence proceedings—recorded evidence\n5\tIdentity parades\n6\tPrescribed South Australian courts\n7\tFee for authorised news media representative\nSchedule 1—Repeal of Evidence Regulations 2007\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Evidence Regulations 2022.\n2—Commencement\nThese regulations come into operation on 1 September 2022.\n3—Interpretation\nIn these regulations—\nAct means the Evidence Act 1929\n4—Domestic violence proceedings—recorded evidence\n\t(1)\tIf a statement in a section 13BB recording is in a language other than English, that statement must be translated into English, either in the recording or in a transcript made at a later time.\n\t(2)\tIf a transcript is made in accordance with subregulation (1), the transcript must accompany the recording to which it relates if—\n\t(a)\tthe defendant elects to listen to or view the recording before it is admitted into evidence in proceedings; or\n\t(b)\tthe recording is admitted into evidence in proceedings.\n\t(3)\tIf a person translates a statement in a section 13BB recording in accordance with subregulation (1)—\n\t(a)\tthe person must state, in the form of an affidavit, that the statement was accurately translated into English; and\n\t(b)\tif the recording is admitted into evidence in proceedings—the affidavit must accompany the recording.\n\t(4)\tThe court may require that a translation made in accordance with subregulation (1) be verified (in such manner as the court may direct) as an accurate translation of the relevant statement.\n\t(5)\tA person who has possession of, or access to, a section 13BB recording must not allow access to the recording by another person except—\n\t(a)\tfor the legitimate purposes of any proceedings in which the recording has been admitted into evidence or to which the recording relates; or\n\t(b)\tfor use by a public official for purposes connected with their official functions; or\n\t(c)\tas may be authorised by the prosecution.\nMaximum penalty: $5 000.\n\t(6)\tA complainant gives informed consent to the making of a recording for the purposes of the definition in section 13BB(10) of the Act if the consent is given in accordance with the following requirements:\n\t(a)\ta police officer must tell the complainant—\n\t(i)\tthat the police officer is recording the complainant; and\n\t(ii)\tthat the recording may be used in court; and\n\t(b)\tthe complainant must indicate (whether by words or conduct) that they consent to the making of the recording.\n\t(7)\tFor the purposes of subregulation (6)(b) (and without limiting the manner in which a complainant may indicate that they consent to the making of a recording), a lack of objection to a recording may, in the circumstances, constitute a sufficient indication of consent to the recording.\n\t(8)\tIn this regulation—\npublic official has the same meaning as in section 67G of the Act;\nsection 13BB recording means a recording made by a police officer that is, or may be, admissible in proceedings for a domestic violence offence under section 13BB of the Act.\n5—Identity parades\n\t(1)\tFor the purposes of section 34AB(2)(a)(i) of the Act, reasonable steps must be taken when making an audio visual record of an identity parade to ensure that—\n\t(a)\tthe witness identifying, or attempting to identify, a person alleged to have committed an offence is visible at all relevant times during the conduct of the identity parade; and\n\t(b)\tif the witness indicates that a person taking part in, or whose image is included in, the parade is alleged to have committed an offence—that person or image (as the case requires) is visible at the time the witness gives the indication; and\n\t(c)\tanything said by the witness, and any other person present, during the conduct of the identity parade is recorded.\n\t(2)\tFor the purposes of section 34AB(2)(a)(i) of the Act, the Commissioner of Police must keep an audio visual record of an identity parade relating to a person until—\n\t(a)\tif the person has been charged with an offence to which the identity parade relates but is subsequently discharged—the day on which the person is so discharged; or\n\t(b)\tif the person has been convicted or acquitted of an offence to which the identity parade relates—\n\t(i)\tif an appeal has not been lodged within the period provided for lodging an appeal against the conviction or acquittal—the end of the period; or\n\t(ii)\tif an appeal has been lodged within the period provided for lodging an appeal against the conviction or acquittal—the appeal lapses or is finally determined,\nwhichever is the later; or\n\t(c)\tif the person to whom the record relates has not been charged with an offence to which the identity parade relates—until the end of the period within which the person can be charged with the offence.\n6—Prescribed South Australian courts\nPursuant to paragraph (e) of the definition of South Australian court in section 59IA of the Act, the following courts and tribunals are South Australian courts for the purposes of Part 6C of the Act:\n\t(a)\tthe Environment, Resources and Development Court;\n\t(b)\tthe South Australian Employment Tribunal;\n\t(c)\tthe Youth Court of South Australia.\n7—Fee for authorised news media representative\n\t(1)\tThe fee prescribed for the purposes of section 69A of the Act in respect of an authorised news media representative must be paid not later than 1 June in each year for the next financial year.\n\t(2)\tIf, however, the fee is paid for a term of less than 12 months, the fee payable is a proportion of the relevant fee, being the proportion that the number of whole months in the term bears to 12 months.\nSchedule 1—Repeal of Evidence Regulations 2007\nThe Evidence Regulations 2007 are repealed.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2022\n57\nGazette 28.7.2022 p2376 \n1.9.2022: r 2\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulations repeal the Evidence Regulations 2007 (Schedule 1) and replace them with targeted procedural rules: translation, affidavit and court verification obligations for section 13BB police recordings and controlled access with a maximum $5,000 penalty (reg 4); mandated consent procedure for complainants (reg 4(6)–(7)); audiovisual identity parade recording content and conditional retention periods under Commissioner of Police custody (reg 5); designation of three South Australian courts for Part 6C purposes (reg 6); and timing/pro‑rating for the authorised news media representative fee (reg 7). These changes shift compliance duties onto police, recording holders and media payers and add discrete court and prosecutorial discretion (see reg 4(4), reg 4(5), reg 4(3)(b))."},"complexity_factors":["Cross-references to multiple Evidence Act provisions (section 13BB, 34AB, 59IA, 69A, 67G) requiring users to read primary Act alongside these regs (see reg 3 definition and regs 4, 5, 6, 7).","Translation and verification obligations for non-English recorded statements, including affidavit requirement and court-directed verification (reg 4(1)–(4)) — creates evidentiary and procedural steps.","Access restriction on possession or access-holders with a monetary penalty ($5,000) — introduces compliance and enforcement risk (reg 4(5)).","Prescribed mechanics for police obtaining informed consent from complainants, including what must be communicated and how consent may be indicated (reg 4(6)–(7)) — operational burden on police officers.","Detailed audiovisual identity parade recording content and multi-conditional retention periods tied to charging, conviction/acquittal, appeals or charging limitation periods — administrative tracking burden on Commissioner of Police (reg 5(1)–(2)).","Annual timing and pro‑rating rule for the authorised news media representative fee imposes a specific payment schedule and calculation method (reg 7(1)–(2)).","Repeal of prior regulations creates transitional and interpretive tasks (Schedule 1)."],"plain_english_summary":"Updates procedural rules for evidence: requires translation and verification of police domestic‑violence recordings, controls access with a penalty, sets how police obtain complainant consent for recordings, requires audiovisual identity‑parade recording and retention rules, prescribes certain courts for Part 6C, and fixes timing and pro‑rating of media representative fees. It affects police, courts, complainants, defendants, media representatives and anyone handling relevant recordings because it changes who must pay, what must be produced, retention periods, and permitted access."},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — no legislative text was available for analysis. The page returned only a website error message and navigation links."},"complexity_factors":["No legislative content was retrievable — the source page returned a 404 'Page Not Found' error","Unable to assess actual regulatory provisions, definitions, exemptions, or operative clauses","Complexity score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Evidence Regulations 2022* (South Australia) returned a **'Page Not Found'** error from the South Australian legislation website. This appears to be because the URL or bookmark used was created before a website update rolled out on 24 March 2026, making it incompatible with the current site.\n\n**What this means for you:** No analysis of the actual law can be provided from this source. If you need to read the *Evidence Regulations 2022* (SA), try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the title\n- Emailing the Office of Parliamentary Counsel at OPCWeb@sa.gov.au to report the broken link\n- Checking the South Australian Government Gazette for the original text"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward remake of the Evidence Regulations 2007 (which are repealed by Schedule 1). The scope remains tightly focused on procedural evidence matters — handling of recorded domestic violence evidence, identity parade procedures, court definitions, and media fees. There is no indication of scope creep beyond the original purpose of supporting the Evidence Act 1929."},"complexity_factors":["Short document (7 regulations plus schedule)","Only 2 defined terms in the interpretation section ('Act' and 'section 13BB recording' with 'public official' incorporated by reference)","Some nested conditions in regulation 5(2) regarding retention periods for identity parade records (three alternative scenarios with sub-conditions)","Cross-references to specific sections of the Evidence Act 1929 (sections 13BB, 34AB, 59IA, 67G, 69A) but these are straightforward pointers rather than complex integration","Simple penalty structure (single fine amount in regulation 4(5))","No exceptions to exceptions or deeply conditional logic"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out practical rules for how evidence is handled in South Australian courts under the Evidence Act 1929. They cover four main areas:\n\n* **Recorded evidence in domestic violence cases:** If police record a victim's statement (called a \"section 13BB recording\") and it's not in English, it must be translated. The translator must swear an affidavit (a formal written statement made under oath) confirming the translation is accurate. There are strict rules about who can access these recordings — unauthorised access carries a $5,000 fine. The regulations also spell out what counts as proper consent from a victim to be recorded: police must tell them they're being recorded and that it may be used in court, and the victim must indicate agreement (which can include not objecting in some circumstances).\n\n* **Identity parades:** When police run an identity parade (where a witness tries to pick out a suspect from a group), they must make an audio-visual recording showing the witness clearly, capturing the moment they identify someone, and recording everything said. Police must keep these records until any related criminal case is completely finished — including appeals — or until the time limit for charging someone expires.\n\n* **Which courts count as \"South Australian courts\":** The Environment, Resources and Development Court, the South Australian Employment Tribunal, and the Youth Court are officially recognised as South Australian courts for certain evidence purposes.\n\n* **Media access fees:** News media representatives who want authorised access to court proceedings must pay an annual fee by 1 June each year. If they pay for part of a year, the fee is calculated proportionally.\n\n**Who it affects:** Victims of domestic violence, police officers, court staff, translators, news media, and anyone involved in criminal proceedings where identity parades or recorded evidence are used.\n\n**Why it matters:** These rules protect vulnerable witnesses (particularly domestic violence victims) by ensuring their recorded statements are handled properly and confidentially. They also ensure identity parade evidence is reliable and properly preserved, and clarify which courts can use certain evidence procedures."}},"importantCases":[],"_links":{"self":"/api/acts/evidence-regulations-2022","history":"/api/acts/evidence-regulations-2022/history","analysis":"/api/acts/evidence-regulations-2022/analysis","conflicts":"/api/acts/evidence-regulations-2022/conflicts","importantCases":"/api/acts/evidence-regulations-2022/important-cases","documents":"/api/acts/evidence-regulations-2022/documents"}}