{"id":"evidence-video-and-audio-links-fees-and-expenses-regulations-1999","name":"Evidence (Video and Audio Links Fees and Expenses) Regulations 1999","slug":"evidence-video-and-audio-links-fees-and-expenses-regulations-1999","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176625,"registerId":"wa-evidence-video-and-audio-links-fees-and-expenses-regulations-1999-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Evidence (Video and Audio Links Fees and Expenses) Regulations 1999","content":"![Crest]()Western Australia\n\nEvidence Act 1906\n\nEvidence (Video and Audio Links Fees and Expenses) Regulations 1999\n\nWestern Australia\n\nEvidence (Video and Audio Links Fees and Expenses) Regulations 1999\n\nContents\n\n1. Citation 1\n\n2. Booking fee 1\n\n3. Hourly fee 1\n\n4. Telecommunications charges 2\n\n5. Fees and expenses to be recoverable as debts due to the Crown 2\n\n6. Court may waive fees and expenses in a particular case 2\n\nSchedule 1 — Fees\n\nNotes\n\nCompilation table 4\n\nUncommenced provisions table 6\n\n  \n\nEvidence Act 1906\n\nEvidence (Video and Audio Links Fees and Expenses) Regulations 1999\n\n##### 1. Citation\n\nThese regulations may be cited as the *Evidence (Video and Audio Links Fees and Expenses) Regulations 1999.*\n\n##### 2. Booking fee\n\n(1) Except as provided in subregulation (2), if, on an application by a party to a civil proceeding in or before a court, the court directs —\n\n(a) that the evidence of a witness called by the party be taken by a video link; or\n\n(b) that a submission on behalf of the party be received by a video link,\n\nthe party must pay to the court the relevant fee specified in item 1 of Schedule 1 to book that link.\n\n(2) If the same video link can be used by more than one party making an application, each of those parties must pay to the court an equal portion of the fee concerned.\n\n[Regulation 2 amended: Gazette 9 Mar 2012 p. 931‑2.]\n\n##### 3. Hourly fee\n\nA party must, within 30 days after the use of a video link, pay to the court the fee specified in item 2 of Schedule 1 for each hour, or part of an hour, that the link was used —\n\n(a) to take the evidence of a witness called by the party; or\n\n(b) to receive a submission on behalf of the party.\n\n[Regulation 3 amended: Gazette 9 Mar 2012 p. 932.]\n\n##### 4. Telecommunications charges\n\nA party must, within 30 days after the use of a video link or audio link, pay to the court the expense of the telecommunications charges incurred by the court —\n\n(a) in taking the evidence of a witness called by the party; or\n\n(b) in receiving a submission on behalf of the party.\n\n##### 5. Fees and expenses to be recoverable as debts due to the Crown\n\nA fee or expense payable under these regulations is a debt due to the Crown and is recoverable in a court of competent jurisdiction.\n\n##### 6. Court may waive fees and expenses in a particular case\n\nA court may, in a particular case, waive a fee or expense payable under these regulations.\n\nSchedule 1 — Fees\n\n[r. 2 and 3]\n\n[Heading inserted: SL 2025/111 r. 17.]\n\n| **Item** | **Matter** | **Fee   $** |\n| --- | --- | --- |\n| 1. | Booking fee (r. 2(1)) — |  |\n|  | (a) for intrastate link | 176.50 |\n|  | (b) for interstate or overseas link | 260.50 |\n| 2. | Fee per hour, or part of an hour, link was used (r. 3) | 138.00 |\n\n\n[Schedule 1 inserted: SL 2025/111 r. 17.]\n\n![dline]()\n\nNotes\n\nThis is a compilation of the *Evidence (Video and Audio Links Fees and Expenses) Regulations 1999* 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** | **Published** | **Commencement** |\n| --- | --- | --- |\n| *Evidence (Video and Audio Links Fees and Expenses) Regulations 1999* | 7 Dec 1999 p. 5995‑6 | 7 Dec 1999 |\n| *Evidence (Video and Audio Links Fees and Expenses) Amendment Regulations 2003* | 30 Dec 2003 p. 5718 | 1 Jan 2004 (see r. 2) |\n| **Reprint 1: The *Evidence (Video and Audio Links Fees and Expenses) Regulations 1999* as at 6 Aug 2004** (includes amendments listed above) | | |\n| *Evidence (Video and Audio Links Fees and Expenses) Amendment Regulations 2005* | 23 Jun 2005 p. 2689 | 1 Jul 2005 (see r. 2) |\n| *Evidence (Video and Audio Links Fees and Expenses) Amendment Regulations 2006* | 23 Jun 2006 p. 2190 | 1 Jul 2006 (see r. 2) |\n| *Evidence (Video and Audio Links Fees and Expenses) Amendment Regulations 2007* | 26 Jun 2007 p. 3030-1 | r. 1 and 2: 26 Jun 2007 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2007 (see r. 2(b)) |\n| *Evidence (Video and Audio Links Fees and Expenses) Amendment Regulations 2008* | 27 Jun 2008 p. 3072-3 | r. 1 and 2: 27 Jun 2008 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2008 (see r. 2(b)) |\n| **Reprint 2: The *Evidence (Video and Audio Links Fees and Expenses) Regulations 1999* as at 7 Nov 2008** (includes amendments listed above) | | |\n| *Evidence (Video and Audio Links Fees and Expenses) Amendment Regulations 2009* | 4 Sep 2009 p. 3494 | r. 1 and 2: 4 Sep 2009 (see r. 2(a));   Regulations other than r. 1 and 2: 5 Sep 2009 (see r. 2(b)) |\n| *Evidence (Video and Audio Links Fees and Expenses) Amendment Regulations 2011* | 8 Mar 2011 p. 798‑9 | r. 1 and 2: 8 Mar 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 9 Mar 2011 (see r. 2(b)) |\n| *Evidence (Video and Audio Links Fees and Expenses) Amendment Regulations (No. 2) 2011* | 20 Dec 2011 p. 5395‑6 | r. 1 and 2: 20 Dec 2011 (see r. 2(a));   Regulations other than r. 1 and 2: 21 Dec 2011 (see r. 2(b)) |\n| *Evidence (Video and Audio Links Fees and Expenses) Amendment Regulations 2012* | 9 Mar 2012 p. 931‑2 | r. 1 and 2: 9 Mar 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 10 Mar 2012 (see r. 2(b)) |\n| *Evidence (Video and Audio Links Fees and Expenses) Amendment Regulations (No. 2) 2012* | 30 Nov 2012 p. 5800 | r. 1 and 2: 30 Nov 2012 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Dec 2012 (see r. 2(b)) |\n| *Evidence (Video and Audio Links Fees and Expenses) Amendment Regulations 2013* | 15 Nov 2013 p. 5256 | r. 1 and 2: 15 Nov 2013 (see r. 2(a));   Regulations other than r. 1 and 2: 16 Nov 2013 (see r. 2(b)) |\n| **Reprint 3: The *Evidence (Video and Audio Links Fees and Expenses) Regulations 1999* as at 14 Feb 2014** (includes amendments listed above) | | |\n| *Evidence (Video and Audio Links Fees and Expenses) Amendment Regulations 2014* | 27 Jun 2014 p. 2341 | r. 1 and 2: 27 Jun 2014 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2014 (see r. 2(b)(i)) |\n| *Evidence (Video and Audio Links Fees and Expenses) Amendment Regulations 2015* | 19 Jun 2015 p. 2122‑3 | r. 1 and 2: 19 Jun 2015 (see r. 2(a));   Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b)(i)) |\n| *Attorney General Regulations Amendment (Fees) Regulations 2016* Pt. 6 | 14 Jun 2016 p. 1849‑986 | 4 Jul 2016 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2017* Pt. 6 | 7 Jul 2017 p. 3721‑98 | 8 Jul 2017 (see r. 2(b)(ii)) |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2 018* Pt. 6 | 15 Jun 2018 p. 1963-2049 | 1 Jul 2018 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2019* Pt. 7 | 28 Jun 2019 p. 2553‑642 | 1 Jul 2019 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2020* Pt. 6 | SL 2020/124 31 Jul 2020 | 1 Aug 2020 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2021* Pt. 7 | SL 2021/101   29 Jun 2021 | 1 Jul 2021 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2022* Pt. 8 | SL 2022/111   30 Jun 2022 | 1 Jul 2022 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2023* Pt. 8 | SL 2023/120 2 Aug 2023 | 3 Aug 2023 (see r. 2(b)) |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2024* Pt. 8 | SL 2024/113 26 Jun 2024 | 1 Jul 2024 (see. r 2(b)) |\n| *Attorney General Regulations Amendment (Fees and Charges) Regulations 2025* Pt. 8 | SL 2025/111 25 Jun 2025 | 1 Jul 2025 (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(e) | | To be proclaimed (see s. 2(e)) |\n\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"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 legislation remains tightly focused on its original purpose of prescribing fees and expenses for video and audio links in civil proceedings. Despite 25 years of amendments (1999-2025), these have only updated fee amounts and administrative details without expanding the scope beyond cost recovery for remote court technology."},"complexity_factors":["Only 6 substantive regulations plus a fee schedule","Minimal defined terms (none in a dedicated interpretation section)","Simple conditional logic limited to cost-sharing between multiple parties (regulation 2(2))","No cross-references to other legislation except the parent Evidence Act 1906","Straightforward fee structure with only three distinct fee types","Single exception/waiver provision (regulation 6) with no nested conditions"],"plain_english_summary":"This Western Australian regulation sets out the fees that parties in civil court cases must pay when they want to use video or audio links for witnesses or submissions.\n\n**What it does:**\n- **Booking fee**: If you ask the court to let a witness give evidence by video link, or to make a submission by video link, you must pay a booking fee. This is $176.50 for links within Western Australia, or $260.50 for interstate or overseas links. If multiple parties share the same link, they split the cost equally.\n- **Hourly usage fee**: You must pay $138 per hour (or part thereof) for the time the video link is actually used for your witness or submission.\n- **Telecommunications charges**: You must also pay the actual phone/internet costs the court incurs for the link.\n- **Payment timing**: Hourly fees and telecom charges must be paid within 30 days of using the link.\n- **Enforcement**: These fees are treated as debts owed to the Crown (the government) and can be recovered through legal action if not paid.\n- **Waiver**: The court has discretion to waive (cancel) fees in a particular case if circumstances warrant it.\n\n**Who it affects:**\nParties (plaintiffs, defendants, or other litigants) in civil proceedings in Western Australian courts who want to use video or audio technology instead of having witnesses appear in person.\n\n**Why it matters:**\nIt establishes the cost structure for remote participation in court proceedings, ensuring users bear the costs of technology rather than taxpayers. The fees are updated regularly (as shown in the extensive amendment history), with the most recent fee structure taking effect from 1 July 2025."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. No content was returned beyond a website error message and an Acknowledgement of Country."},"complexity_factors":["No legislative content was retrievable — the source page returned a 'not available' error","Cannot assess actual regulatory complexity without the text","Title suggests a narrow, administrative fee-setting instrument which would typically be low complexity"],"plain_english_summary":"## Evidence (Video and Audio Links Fees and Expenses) Regulations 1999 (WA)\n\n**⚠️ Content Unavailable**\n\nThe actual text of this Western Australian legislation could not be retrieved. The page hosting these regulations has been taken down or moved as part of a website upgrade by the Parliamentary Counsel's Office.\n\n**What we can infer from the title:**\nThis appears to be a set of regulations (detailed rules made under a broader Act) governing the **fees and expenses** payable when people give evidence in court or legal proceedings via **video link or audio link** (i.e., appearing remotely rather than in person). This would likely affect:\n- Witnesses appearing remotely in WA court proceedings\n- Legal practitioners arranging such appearances\n- Courts and tribunals administering payments\n\n**To access the current version**, visit the [WA Legislation website](https://www.legislation.wa.gov.au) and search directly for this title."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations continue to require payment for booking and use of video/audio links in civil proceedings and allow recovery and waiver of those amounts (regs 2–6). Amendments reflected in the compilation table and the inserted Schedule 1 have updated fee amounts (SL 2025/111) but do not broaden or narrow the class of proceedings or users covered."},"complexity_factors":["Short, focused instrument with six operative regulations and a single fee schedule (regs 1–6; Schedule 1).","Fixed monetary amounts set in Schedule 1 (booking fees and hourly rate) reduce legal ambiguity but require periodic administrative updating.","Payment timing and mechanism: fees and telecom charges must be paid within 30 days after use (rr.3–4) — an operational compliance burden for parties and courts.","Apportionment rule where a single video link serves multiple applicants (r.2(2)) introduces minor calculation/admin complexity.","Telecommunications charges are variable and fact-based (r.4), creating uncertainty about final amounts recoverable.","Fees are declared recoverable as debts to the Crown (r.5), affecting enforcement pathways and potential cost exposure for parties.","Court discretion to waive fees in particular cases (r.6) introduces case-by-case administrative discretion and potential for uneven application.","Operates within the Evidence Act and civil-proceedings context; interaction with court practice and other procedural rules affects implementation."],"plain_english_summary":"These regulations require parties in civil court proceedings to pay set fees when the court directs evidence or submissions to be taken by video or audio link: a booking fee, an hourly usage fee and the telecommunications charges incurred, payable within 30 days (regs 2–4; Schedule 1). Fees are recoverable as debts due to the Crown, but the court can waive fees in a particular case and may require shared applicants to split a booking fee (r.2(2), r.5–6)."}},"importantCases":[],"_links":{"self":"/api/acts/evidence-video-and-audio-links-fees-and-expenses-regulations-1999","history":"/api/acts/evidence-video-and-audio-links-fees-and-expenses-regulations-1999/history","analysis":"/api/acts/evidence-video-and-audio-links-fees-and-expenses-regulations-1999/analysis","conflicts":"/api/acts/evidence-video-and-audio-links-fees-and-expenses-regulations-1999/conflicts","importantCases":"/api/acts/evidence-video-and-audio-links-fees-and-expenses-regulations-1999/important-cases","documents":"/api/acts/evidence-video-and-audio-links-fees-and-expenses-regulations-1999/documents"}}