{"id":"qld:sl-2018-0132","name":"Recording of Evidence Regulation 2018","slug":"recording-of-evidence-regulation-2018","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"132 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174836,"registerId":"qld-qld:sl-2018-0132-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Recording of Evidence Regulation 2018 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 2 September 2018.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Provision of copies of records and transcriptions","content":"# Provision of copies of records and transcriptions","sortOrder":4},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Provision of copies to persons generally","content":"## Provision of copies to persons generally","sortOrder":5},{"sectionNumber":"sec.4AA","sectionType":"section","heading":"Application of division","content":"### sec.4AA Application of division\n\nThis division does not apply in relation to a copy of a record or a transcription of a record of a legal proceeding before the Mental Health Review Tribunal.\ns 4AA ins 2023 SL No. 155 s 4","sortOrder":6},{"sectionNumber":"sec.4","sectionType":"section","heading":"Initial request for copy of transcription","content":"### sec.4 Initial request for copy of transcription\n\nThis section applies if—\na person makes a request to the chief executive for a copy of a transcription of a record under the Act ; and\nwhen the person makes the request—\n1 or more persons (each a recorder ) provides a transcription service; and\na relevant person has not made an earlier valid request to the chief executive for a copy of the transcription.\nThe chief executive must give the request to a recorder as soon as practicable after receiving the request.\nThe recorder to whom the request is given may charge the person an amount, worked out in accordance with the relevant arrangement, for a copy of the transcription.\nIf the person pays, or enters into an agreement to pay, the amount under subsection (3) , the recorder must issue a copy of the transcription, in electronic form, to the chief executive as soon as practicable after receiving the request.\ns 4 sub 2023 SL No. 18 s 4\n(sec.4-ssec.1) This section applies if— a person makes a request to the chief executive for a copy of a transcription of a record under the Act ; and when the person makes the request— 1 or more persons (each a recorder ) provides a transcription service; and a relevant person has not made an earlier valid request to the chief executive for a copy of the transcription.\n(sec.4-ssec.2) The chief executive must give the request to a recorder as soon as practicable after receiving the request.\n(sec.4-ssec.3) The recorder to whom the request is given may charge the person an amount, worked out in accordance with the relevant arrangement, for a copy of the transcription.\n(sec.4-ssec.4) If the person pays, or enters into an agreement to pay, the amount under subsection (3) , the recorder must issue a copy of the transcription, in electronic form, to the chief executive as soon as practicable after receiving the request.\n- (a) a person makes a request to the chief executive for a copy of a transcription of a record under the Act ; and\n- (b) when the person makes the request— (i) 1 or more persons (each a recorder ) provides a transcription service; and (ii) a relevant person has not made an earlier valid request to the chief executive for a copy of the transcription.\n- (i) 1 or more persons (each a recorder ) provides a transcription service; and\n- (ii) a relevant person has not made an earlier valid request to the chief executive for a copy of the transcription.\n- (i) 1 or more persons (each a recorder ) provides a transcription service; and\n- (ii) a relevant person has not made an earlier valid request to the chief executive for a copy of the transcription.","sortOrder":7},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Joint request for copy of transcription","content":"### sec.4A Joint request for copy of transcription\n\nThis section applies if—\n2 or more parties to a legal proceeding, or legal representatives of the parties, make a joint request to the chief executive for a copy of a transcription of a record under the Act of the proceeding; and\nwhen the parties or legal representatives make the request—\n1 or more persons (each a recorder ) provides a transcription service; and\na relevant person has not made an earlier valid request to the chief executive for a copy of the transcription.\nThe chief executive must give the request to a recorder as soon as practicable after receiving the request.\nThe recorder to whom the request is given may charge the parties an amount, worked out in accordance with the relevant arrangement, for a copy of the transcription.\nIf the parties pay, or enter into an agreement to pay, the amount under subsection (3) , the recorder must issue a copy of the transcription, in electronic form, to the chief executive as soon as practicable after receiving the request.\ns 4A ins 2022 SL No. 79 s 145\nsub 2023 SL No. 18 s 4\n(sec.4A-ssec.1) This section applies if— 2 or more parties to a legal proceeding, or legal representatives of the parties, make a joint request to the chief executive for a copy of a transcription of a record under the Act of the proceeding; and when the parties or legal representatives make the request— 1 or more persons (each a recorder ) provides a transcription service; and a relevant person has not made an earlier valid request to the chief executive for a copy of the transcription.\n(sec.4A-ssec.2) The chief executive must give the request to a recorder as soon as practicable after receiving the request.\n(sec.4A-ssec.3) The recorder to whom the request is given may charge the parties an amount, worked out in accordance with the relevant arrangement, for a copy of the transcription.\n(sec.4A-ssec.4) If the parties pay, or enter into an agreement to pay, the amount under subsection (3) , the recorder must issue a copy of the transcription, in electronic form, to the chief executive as soon as practicable after receiving the request.\n- (a) 2 or more parties to a legal proceeding, or legal representatives of the parties, make a joint request to the chief executive for a copy of a transcription of a record under the Act of the proceeding; and\n- (b) when the parties or legal representatives make the request— (i) 1 or more persons (each a recorder ) provides a transcription service; and (ii) a relevant person has not made an earlier valid request to the chief executive for a copy of the transcription.\n- (i) 1 or more persons (each a recorder ) provides a transcription service; and\n- (ii) a relevant person has not made an earlier valid request to the chief executive for a copy of the transcription.\n- (i) 1 or more persons (each a recorder ) provides a transcription service; and\n- (ii) a relevant person has not made an earlier valid request to the chief executive for a copy of the transcription.","sortOrder":8},{"sectionNumber":"sec.4B","sectionType":"section","heading":"Giving copy of transcription requested under s 4 or 4A","content":"### sec.4B Giving copy of transcription requested under s 4 or 4A\n\nThis section applies if—\na person requests a copy of a transcription of a record under the Act ; and\na recorder issues a copy of the transcription, in electronic form, to the chief executive under section 4 (4) or 4A (4) .\nThe chief executive must give the copy of the transcription to the person as soon as practicable after receiving the transcription.\nThe chief executive must give the copy of the transcription in 1 of the following ways—\nif the person requests the copy of the transcription to be given in printed form—in that form;\notherwise—in electronic form.\nFor a joint request mentioned in section 4A (1) , the chief executive must comply with subsections (2) and (3) for each party or legal representative of the party who made the request.\nThe chief executive must not charge a fee for giving a copy of the transcription under this section.\ns 4 B ins 2023 SL No. 18 s 4\n(sec.4B-ssec.1) This section applies if— a person requests a copy of a transcription of a record under the Act ; and a recorder issues a copy of the transcription, in electronic form, to the chief executive under section 4 (4) or 4A (4) .\n(sec.4B-ssec.2) The chief executive must give the copy of the transcription to the person as soon as practicable after receiving the transcription.\n(sec.4B-ssec.3) The chief executive must give the copy of the transcription in 1 of the following ways— if the person requests the copy of the transcription to be given in printed form—in that form; otherwise—in electronic form.\n(sec.4B-ssec.4) For a joint request mentioned in section 4A (1) , the chief executive must comply with subsections (2) and (3) for each party or legal representative of the party who made the request.\n(sec.4B-ssec.5) The chief executive must not charge a fee for giving a copy of the transcription under this section.\n- (a) a person requests a copy of a transcription of a record under the Act ; and\n- (b) a recorder issues a copy of the transcription, in electronic form, to the chief executive under section 4 (4) or 4A (4) .\n- (a) if the person requests the copy of the transcription to be given in printed form—in that form;\n- (b) otherwise—in electronic form.","sortOrder":9},{"sectionNumber":"sec.4C","sectionType":"section","heading":"Request for copy of transcription in relation to which ss 4 and 4A do not apply","content":"### sec.4C Request for copy of transcription in relation to which ss 4 and 4A do not apply\n\nThis section applies if—\na person makes a request to the chief executive for a copy of a transcription of a record under the Act ; and\nsections 4 and 4A do not apply in relation to the request.\nIf the person pays, or enters into an agreement to pay, the fee for the request, the chief executive must issue a copy of the transcription to the person as soon as practicable after receiving the request.\nThe chief executive must issue the copy of the transcription in 1 of the following ways—\nif the person requests the copy of the transcription to be issued in printed form—in that form;\notherwise—in electronic form.\ns 4C ins 2023 SL No. 18 s 4\n(sec.4C-ssec.1) This section applies if— a person makes a request to the chief executive for a copy of a transcription of a record under the Act ; and sections 4 and 4A do not apply in relation to the request.\n(sec.4C-ssec.2) If the person pays, or enters into an agreement to pay, the fee for the request, the chief executive must issue a copy of the transcription to the person as soon as practicable after receiving the request.\n(sec.4C-ssec.3) The chief executive must issue the copy of the transcription in 1 of the following ways— if the person requests the copy of the transcription to be issued in printed form—in that form; otherwise—in electronic form.\n- (a) a person makes a request to the chief executive for a copy of a transcription of a record under the Act ; and\n- (b) sections 4 and 4A do not apply in relation to the request.\n- (a) if the person requests the copy of the transcription to be issued in printed form—in that form;\n- (b) otherwise—in electronic form.","sortOrder":10},{"sectionNumber":"sec.4D","sectionType":"section","heading":"Request for copy of audio record","content":"### sec.4D Request for copy of audio record\n\nThis section applies if—\na person makes a request to the chief executive for a copy of an audio record; and\na copy of the audio record is available in electronic form.\nIf the person pays, or enters into an agreement to pay, the fee for the request, the chief executive must issue the person a copy of the audio record in electronic form as soon as practicable after receiving the request.\ns 4 D ins 2023 SL No. 18 s 4\n(sec.4D-ssec.1) This section applies if— a person makes a request to the chief executive for a copy of an audio record; and a copy of the audio record is available in electronic form.\n(sec.4D-ssec.2) If the person pays, or enters into an agreement to pay, the fee for the request, the chief executive must issue the person a copy of the audio record in electronic form as soon as practicable after receiving the request.\n- (a) a person makes a request to the chief executive for a copy of an audio record; and\n- (b) a copy of the audio record is available in electronic form.","sortOrder":11},{"sectionNumber":"sec.4E","sectionType":"section","heading":"Fees","content":"### sec.4E Fees\n\nSchedule 1 states, for section 13 (2) (f) of the Act , the fees payable for the issuing of a copy of a transcription of a record or an audio record under section 4C or 4D .\ns 4E ins 2023 SL No. 18 s 4","sortOrder":12},{"sectionNumber":"sec.4F","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.4F Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).\nIf a fee were 4.75 fee units and the value of a fee unit were $1.10, the number of dollars obtained by multiplying 4.75 by $1.10 would be $5.225. Because $5.225 is halfway between $5.20 and $5.25, it is rounded upwards, so the amount of the fee would be $5.25.\ns 4 F ins 2023 SL No. 18 s 4\namd 2023 SL No. 60 s 17 sch 1\n(sec.4F-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.4F-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards). If a fee were 4.75 fee units and the value of a fee unit were $1.10, the number of dollars obtained by multiplying 4.75 by $1.10 would be $5.225. Because $5.225 is halfway between $5.20 and $5.25, it is rounded upwards, so the amount of the fee would be $5.25.\n- (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards).","sortOrder":13},{"sectionNumber":"sec.4G","sectionType":"section","heading":"Entitlement to copies at no or reduced cost","content":"### sec.4G Entitlement to copies at no or reduced cost\n\nThis section applies if, under the Act , a person is entitled to a copy of a transcription of a record or an audio record, at—\nno cost; or\na cost that is less than the amount that would otherwise be payable for the copy under this division (the reduced cost ).\nAny provision of this division providing for the person to pay an amount in relation to obtaining a copy of the transcription or audio record applies as if the provision required the person to pay no cost, or the reduced cost, as mentioned in subsection (1) .\ns 4G ins 2023 SL No. 18 s 4\n(sec.4G-ssec.1) This section applies if, under the Act , a person is entitled to a copy of a transcription of a record or an audio record, at— no cost; or a cost that is less than the amount that would otherwise be payable for the copy under this division (the reduced cost ).\n(sec.4G-ssec.2) Any provision of this division providing for the person to pay an amount in relation to obtaining a copy of the transcription or audio record applies as if the provision required the person to pay no cost, or the reduced cost, as mentioned in subsection (1) .\n- (a) no cost; or\n- (b) a cost that is less than the amount that would otherwise be payable for the copy under this division (the reduced cost ).","sortOrder":14},{"sectionNumber":"sec.4H","sectionType":"section","heading":"Orders of court or judicial person","content":"### sec.4H Orders of court or judicial person\n\nThis section applies if, under an Act or an order of a court or judicial person, a copy of a record under the Act must not be made available to a person.\nThis division does not apply to a request for a copy of a transcription of the record or for a copy of the record in the form of an audio record—\nmade by the person; or\nif the request is made by the person and 1 or more other persons—to the extent the request applies to the person.\ns 4 H ins 2023 SL No. 18 s 4\n(sec.4H-ssec.1) This section applies if, under an Act or an order of a court or judicial person, a copy of a record under the Act must not be made available to a person.\n(sec.4H-ssec.2) This division does not apply to a request for a copy of a transcription of the record or for a copy of the record in the form of an audio record— made by the person; or if the request is made by the person and 1 or more other persons—to the extent the request applies to the person.\n- (a) made by the person; or\n- (b) if the request is made by the person and 1 or more other persons—to the extent the request applies to the person.","sortOrder":15},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Provision of copies to judicial persons","content":"## Provision of copies to judicial persons","sortOrder":16},{"sectionNumber":"sec.5","sectionType":"section","heading":"Provision of copies","content":"### sec.5 Provision of copies\n\nA copy of a record under the Act of a legal proceeding, or a copy of a transcription of a record under the Act of a legal proceeding, may be provided to a judicial person—\nin printed form or electronic form; and\neven if the proceeding has ended.\nSections 5B (3) (a) and 6 (5) (a) of the Act require arrangements to be in place for providing copies of records and transcriptions to judicial persons at no cost.\ns 5 amd 2023 SL No. 155 s 5 (amdt could not be given effect); 2024 SL No. 62 s 14\n- (a) in printed form or electronic form; and\n- (b) even if the proceeding has ended.","sortOrder":17},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Provision of copies to particular persons at no or reduced cost","content":"## Provision of copies to particular persons at no or reduced cost","sortOrder":18},{"sectionNumber":"sec.6","sectionType":"section","heading":"Purpose of division","content":"### sec.6 Purpose of division\n\nFor section 5B (3) (b) of the Act , this division states the entitlements of particular persons to a copy of a record under the Act , or a copy of a transcription of a record under the Act , at no cost or at a cost that is less than the amount that would otherwise be payable.","sortOrder":19},{"sectionNumber":"sec.7","sectionType":"section","heading":"Parties to legal proceedings—financial hardship","content":"### sec.7 Parties to legal proceedings—financial hardship\n\nA person who is a party to a legal proceeding may apply to the chief executive, on the ground of financial hardship, for the waiver of all or part of an amount that would otherwise be payable for—\na copy of a record under the Act of a legal proceeding; or\na copy of a transcription of a record under the Act of a legal proceeding.\nThe application must be accompanied by, or include—\ndocuments demonstrating the person’s financial hardship; or\nbank statements, pay slips, Centrelink statements\nif a relevant legal service represents the person in the legal proceeding or is otherwise assisting the person with the proceeding, a written notice by the service stating that—\nthe service represents the person in, or is assisting the person with, the proceeding; and\nthe person meets the service’s means test, however described, for deciding applications for legal representation or legal assistance.\nThe chief executive may waive payment by the person of all or part of the amount if the chief executive reasonably believes there is a ground of financial hardship.\nFor subsection (3) , a notice under subsection (2) (b) is evidence of the ground of financial hardship.\nThe person is entitled to the copy for free, or on payment of the relevant amount, as decided under subsection (3) .\nIn this section—\nrelevant legal service means—\nLegal Aid Queensland established under the Legal Aid Queensland Act 1997 ; or\na community legal service within the meaning of the Legal Profession Act 2007 , schedule 2 .\n(sec.7-ssec.1) A person who is a party to a legal proceeding may apply to the chief executive, on the ground of financial hardship, for the waiver of all or part of an amount that would otherwise be payable for— a copy of a record under the Act of a legal proceeding; or a copy of a transcription of a record under the Act of a legal proceeding.\n(sec.7-ssec.2) The application must be accompanied by, or include— documents demonstrating the person’s financial hardship; or bank statements, pay slips, Centrelink statements if a relevant legal service represents the person in the legal proceeding or is otherwise assisting the person with the proceeding, a written notice by the service stating that— the service represents the person in, or is assisting the person with, the proceeding; and the person meets the service’s means test, however described, for deciding applications for legal representation or legal assistance.\n(sec.7-ssec.3) The chief executive may waive payment by the person of all or part of the amount if the chief executive reasonably believes there is a ground of financial hardship.\n(sec.7-ssec.4) For subsection (3) , a notice under subsection (2) (b) is evidence of the ground of financial hardship.\n(sec.7-ssec.5) The person is entitled to the copy for free, or on payment of the relevant amount, as decided under subsection (3) .\n(sec.7-ssec.6) In this section— relevant legal service means— Legal Aid Queensland established under the Legal Aid Queensland Act 1997 ; or a community legal service within the meaning of the Legal Profession Act 2007 , schedule 2 .\n- (a) a copy of a record under the Act of a legal proceeding; or\n- (b) a copy of a transcription of a record under the Act of a legal proceeding.\n- (a) documents demonstrating the person’s financial hardship; or Examples of documents that may demonstrate financial hardship— bank statements, pay slips, Centrelink statements\n- (b) if a relevant legal service represents the person in the legal proceeding or is otherwise assisting the person with the proceeding, a written notice by the service stating that— (i) the service represents the person in, or is assisting the person with, the proceeding; and (ii) the person meets the service’s means test, however described, for deciding applications for legal representation or legal assistance.\n- (i) the service represents the person in, or is assisting the person with, the proceeding; and\n- (ii) the person meets the service’s means test, however described, for deciding applications for legal representation or legal assistance.\n- (i) the service represents the person in, or is assisting the person with, the proceeding; and\n- (ii) the person meets the service’s means test, however described, for deciding applications for legal representation or legal assistance.\n- (a) Legal Aid Queensland established under the Legal Aid Queensland Act 1997 ; or\n- (b) a community legal service within the meaning of the Legal Profession Act 2007 , schedule 2 .","sortOrder":20},{"sectionNumber":"sec.8","sectionType":"section","heading":"Industrial registry and party to industrial proceeding","content":"### sec.8 Industrial registry and party to industrial proceeding\n\nThe industrial registry is entitled to 1 free copy of a transcription of a record under the Act of an industrial proceeding.\nA party to an industrial proceeding, or the party’s legal representative, is entitled to 1 free copy of a transcription of a record under the Act of the proceeding if a copy of the transcription has been issued to the industrial registry.\nThe free copy of the transcription to which a party to an industrial proceeding is entitled under subsection (2) is available from the industrial registry.\nThe free copy may be issued—\nin electronic form only; and\neven if the industrial proceeding has ended.\nIn this section—\nindustrial proceeding means a legal proceeding before—\nthe industrial relations commission; or\nthe industrial court; or\nthe registrar appointed under the Industrial Relations Act 2016 .\nindustrial registry means the registry under the Industrial Relations Act 2016 .\n(sec.8-ssec.1) The industrial registry is entitled to 1 free copy of a transcription of a record under the Act of an industrial proceeding.\n(sec.8-ssec.2) A party to an industrial proceeding, or the party’s legal representative, is entitled to 1 free copy of a transcription of a record under the Act of the proceeding if a copy of the transcription has been issued to the industrial registry. The free copy of the transcription to which a party to an industrial proceeding is entitled under subsection (2) is available from the industrial registry.\n(sec.8-ssec.3) The free copy may be issued— in electronic form only; and even if the industrial proceeding has ended.\n(sec.8-ssec.4) In this section— industrial proceeding means a legal proceeding before— the industrial relations commission; or the industrial court; or the registrar appointed under the Industrial Relations Act 2016 . industrial registry means the registry under the Industrial Relations Act 2016 .\n- (a) in electronic form only; and\n- (b) even if the industrial proceeding has ended.\n- (a) the industrial relations commission; or\n- (b) the industrial court; or\n- (c) the registrar appointed under the Industrial Relations Act 2016 .","sortOrder":21},{"sectionNumber":"sec.9","sectionType":"section","heading":"Victim of personal offence","content":"### sec.9 Victim of personal offence\n\nA victim of a personal offence the subject of a criminal proceeding in the Supreme Court or the District Court is entitled to 1 free copy of—\nan existing transcription of a record under the Act of the proceeding; or\nif a transcription does not exist—an audio record of the proceeding.\nIf the victim is a child, each of the following persons is entitled to 1 free copy instead of the victim—\neach parent of the child;\nthe child’s legal representative.\nIf the victim is an adult who has died as a result of the personal offence, each person who is a spouse, child, parent or sibling of the victim is entitled to 1 free copy.\nThe free copy may be issued—\nif the copy is a transcription mentioned in subsection (1) (a) —in printed form or electronic form; and\nto the person entitled to the copy under this section or to 1 of the following—\nthe person’s legal representative;\na guardian appointed for the person under the Guardianship and Administration Act 2000 ;\nan attorney appointed by the person under an enduring power of attorney under the Powers of Attorney Act 1998 ; and\neven if the criminal proceeding has ended.\nA reference in this section to a child, parent or sibling of a victim includes a reference to a person who, under Aboriginal tradition or Island custom, is regarded as a child, parent or sibling of the victim.\nIn this section—\npersonal offence means an indictable offence committed, or alleged to have been committed, against the person of any person.\nvictim , of a personal offence, means the person against whom the offence is committed or alleged to have been committed.\ns 9 amd 2023 SL No. 18 s 5\n(sec.9-ssec.1) A victim of a personal offence the subject of a criminal proceeding in the Supreme Court or the District Court is entitled to 1 free copy of— an existing transcription of a record under the Act of the proceeding; or if a transcription does not exist—an audio record of the proceeding.\n(sec.9-ssec.2) If the victim is a child, each of the following persons is entitled to 1 free copy instead of the victim— each parent of the child; the child’s legal representative.\n(sec.9-ssec.3) If the victim is an adult who has died as a result of the personal offence, each person who is a spouse, child, parent or sibling of the victim is entitled to 1 free copy.\n(sec.9-ssec.4) The free copy may be issued— if the copy is a transcription mentioned in subsection (1) (a) —in printed form or electronic form; and to the person entitled to the copy under this section or to 1 of the following— the person’s legal representative; a guardian appointed for the person under the Guardianship and Administration Act 2000 ; an attorney appointed by the person under an enduring power of attorney under the Powers of Attorney Act 1998 ; and even if the criminal proceeding has ended.\n(sec.9-ssec.5) A reference in this section to a child, parent or sibling of a victim includes a reference to a person who, under Aboriginal tradition or Island custom, is regarded as a child, parent or sibling of the victim.\n(sec.9-ssec.6) In this section— personal offence means an indictable offence committed, or alleged to have been committed, against the person of any person. victim , of a personal offence, means the person against whom the offence is committed or alleged to have been committed.\n- (a) an existing transcription of a record under the Act of the proceeding; or\n- (b) if a transcription does not exist—an audio record of the proceeding.\n- (a) each parent of the child;\n- (b) the child’s legal representative.\n- (a) if the copy is a transcription mentioned in subsection (1) (a) —in printed form or electronic form; and\n- (b) to the person entitled to the copy under this section or to 1 of the following— (i) the person’s legal representative; (ii) a guardian appointed for the person under the Guardianship and Administration Act 2000 ; (iii) an attorney appointed by the person under an enduring power of attorney under the Powers of Attorney Act 1998 ; and\n- (i) the person’s legal representative;\n- (ii) a guardian appointed for the person under the Guardianship and Administration Act 2000 ;\n- (iii) an attorney appointed by the person under an enduring power of attorney under the Powers of Attorney Act 1998 ; and\n- (c) even if the criminal proceeding has ended.\n- (i) the person’s legal representative;\n- (ii) a guardian appointed for the person under the Guardianship and Administration Act 2000 ;\n- (iii) an attorney appointed by the person under an enduring power of attorney under the Powers of Attorney Act 1998 ; and","sortOrder":22},{"sectionNumber":"sec.9A","sectionType":"section","heading":"Particular legal proceedings before coroner or industrial magistrate","content":"### sec.9A Particular legal proceedings before coroner or industrial magistrate\n\nThis section applies in relation to a legal proceeding before a coroner or industrial magistrate, if the legal proceeding relates to the death of a person (the deceased person ).\nAn entitled person for the deceased person is entitled to 1 free copy of—\nan existing transcription of a record under the Act of the proceeding; or\nif a transcription does not exist—an audio record of the proceeding.\nThe free copy may be issued—\nif the copy is a transcription mentioned in subsection (2) (a) —in printed form or electronic form; and\nto the entitled person or to 1 of the following—\na legal representative of the entitled person;\na guardian appointed for the entitled person under the Guardianship and Administration Act 2000 ;\nan attorney appointed by the entitled person under an enduring power of attorney under the Powers of Attorney Act 1998 ; and\neven if the legal proceeding has ended.\nIn this section, a reference to a child, parent or sibling of a deceased person includes a reference to a person who, under Aboriginal tradition or Island custom, is regarded as a child, parent or sibling of the deceased person.\nIn this section—\nentitled person , for a deceased person, means—\nif the deceased person is a child—\neach parent of the child; and\nthe child’s legal representative; or\nif the deceased person is an adult—each person who is a spouse, child, parent or sibling of the adult.\ns 9A ins 2023 SL No. 18 s 6\n(sec.9A-ssec.1) This section applies in relation to a legal proceeding before a coroner or industrial magistrate, if the legal proceeding relates to the death of a person (the deceased person ).\n(sec.9A-ssec.2) An entitled person for the deceased person is entitled to 1 free copy of— an existing transcription of a record under the Act of the proceeding; or if a transcription does not exist—an audio record of the proceeding.\n(sec.9A-ssec.3) The free copy may be issued— if the copy is a transcription mentioned in subsection (2) (a) —in printed form or electronic form; and to the entitled person or to 1 of the following— a legal representative of the entitled person; a guardian appointed for the entitled person under the Guardianship and Administration Act 2000 ; an attorney appointed by the entitled person under an enduring power of attorney under the Powers of Attorney Act 1998 ; and even if the legal proceeding has ended.\n(sec.9A-ssec.4) In this section, a reference to a child, parent or sibling of a deceased person includes a reference to a person who, under Aboriginal tradition or Island custom, is regarded as a child, parent or sibling of the deceased person.\n(sec.9A-ssec.5) In this section— entitled person , for a deceased person, means— if the deceased person is a child— each parent of the child; and the child’s legal representative; or if the deceased person is an adult—each person who is a spouse, child, parent or sibling of the adult.\n- (a) an existing transcription of a record under the Act of the proceeding; or\n- (b) if a transcription does not exist—an audio record of the proceeding.\n- (a) if the copy is a transcription mentioned in subsection (2) (a) —in printed form or electronic form; and\n- (b) to the entitled person or to 1 of the following— (i) a legal representative of the entitled person; (ii) a guardian appointed for the entitled person under the Guardianship and Administration Act 2000 ; (iii) an attorney appointed by the entitled person under an enduring power of attorney under the Powers of Attorney Act 1998 ; and\n- (i) a legal representative of the entitled person;\n- (ii) a guardian appointed for the entitled person under the Guardianship and Administration Act 2000 ;\n- (iii) an attorney appointed by the entitled person under an enduring power of attorney under the Powers of Attorney Act 1998 ; and\n- (c) even if the legal proceeding has ended.\n- (i) a legal representative of the entitled person;\n- (ii) a guardian appointed for the entitled person under the Guardianship and Administration Act 2000 ;\n- (iii) an attorney appointed by the entitled person under an enduring power of attorney under the Powers of Attorney Act 1998 ; and\n- (a) if the deceased person is a child— (i) each parent of the child; and (ii) the child’s legal representative; or\n- (i) each parent of the child; and\n- (ii) the child’s legal representative; or\n- (b) if the deceased person is an adult—each person who is a spouse, child, parent or sibling of the adult.\n- (i) each parent of the child; and\n- (ii) the child’s legal representative; or","sortOrder":23},{"sectionNumber":"sec.10","sectionType":"section","heading":"Defendant in criminal proceeding","content":"### sec.10 Defendant in criminal proceeding\n\nA defendant in a criminal proceeding in the Supreme Court or the District Court is entitled to 1 free copy of a transcription of a record under the Act of the proceeding.\nThe free copy may be issued—\nin printed form or electronic form; and\nto the defendant or the defendant’s legal representative; and\neven if the criminal proceeding has ended.\n(sec.10-ssec.1) A defendant in a criminal proceeding in the Supreme Court or the District Court is entitled to 1 free copy of a transcription of a record under the Act of the proceeding.\n(sec.10-ssec.2) The free copy may be issued— in printed form or electronic form; and to the defendant or the defendant’s legal representative; and even if the criminal proceeding has ended.\n- (a) in printed form or electronic form; and\n- (b) to the defendant or the defendant’s legal representative; and\n- (c) even if the criminal proceeding has ended.","sortOrder":24},{"sectionNumber":"sec.11","sectionType":"section","heading":"Government assessor or scheme manager under Victims of Crime Assistance Act 2009","content":"### sec.11 Government assessor or scheme manager under Victims of Crime Assistance Act 2009\n\nThis section applies to a government assessor or the scheme manager in performing any of the following functions under the Victims of Crime Assistance Act 2009 —\ndealing with an application for assistance, or amendment of a grant of assistance, under chapter 3 of that Act;\namending assistance under chapter 3 , part 15 of that Act;\nrecovering, for the State, an amount from a person under chapter 3 , part 16 of that Act.\nThe government assessor or scheme manager is entitled to—\n1 free copy of an existing transcription of a record under the Act of—\na criminal proceeding relating to a relevant offence for the act of violence for which assistance is sought or has been granted; or\na proceeding under the Domestic and Family Violence Protection Act 2012 relating to the act of violence for which assistance is sought or has been granted; or\nfree electronic access to an audio record of a proceeding mentioned in paragraph (a) (i) or (ii) .\nThe copy mentioned in subsection (2) (a) may be issued—\nin printed form or electronic form; and\neven if the proceeding has ended.\nIn this section—\ngovernment assessor see the Victims of Crime Assistance Act 2009 , schedule 3 .\nrelevant offence , for an act of violence, see the Victims of Crime Assistance Act 2009 , schedule 3 .\nscheme manager see the Victims of Crime Assistance Act 2009 , schedule 3 .\ns 11 amd 2023 SL No. 18 s 7\n(sec.11-ssec.1) This section applies to a government assessor or the scheme manager in performing any of the following functions under the Victims of Crime Assistance Act 2009 — dealing with an application for assistance, or amendment of a grant of assistance, under chapter 3 of that Act; amending assistance under chapter 3 , part 15 of that Act; recovering, for the State, an amount from a person under chapter 3 , part 16 of that Act.\n(sec.11-ssec.2) The government assessor or scheme manager is entitled to— 1 free copy of an existing transcription of a record under the Act of— a criminal proceeding relating to a relevant offence for the act of violence for which assistance is sought or has been granted; or a proceeding under the Domestic and Family Violence Protection Act 2012 relating to the act of violence for which assistance is sought or has been granted; or free electronic access to an audio record of a proceeding mentioned in paragraph (a) (i) or (ii) .\n(sec.11-ssec.3) The copy mentioned in subsection (2) (a) may be issued— in printed form or electronic form; and even if the proceeding has ended.\n(sec.11-ssec.4) In this section— government assessor see the Victims of Crime Assistance Act 2009 , schedule 3 . relevant offence , for an act of violence, see the Victims of Crime Assistance Act 2009 , schedule 3 . scheme manager see the Victims of Crime Assistance Act 2009 , schedule 3 .\n- (a) dealing with an application for assistance, or amendment of a grant of assistance, under chapter 3 of that Act;\n- (b) amending assistance under chapter 3 , part 15 of that Act;\n- (c) recovering, for the State, an amount from a person under chapter 3 , part 16 of that Act.\n- (a) 1 free copy of an existing transcription of a record under the Act of— (i) a criminal proceeding relating to a relevant offence for the act of violence for which assistance is sought or has been granted; or (ii) a proceeding under the Domestic and Family Violence Protection Act 2012 relating to the act of violence for which assistance is sought or has been granted; or\n- (i) a criminal proceeding relating to a relevant offence for the act of violence for which assistance is sought or has been granted; or\n- (ii) a proceeding under the Domestic and Family Violence Protection Act 2012 relating to the act of violence for which assistance is sought or has been granted; or\n- (b) free electronic access to an audio record of a proceeding mentioned in paragraph (a) (i) or (ii) .\n- (i) a criminal proceeding relating to a relevant offence for the act of violence for which assistance is sought or has been granted; or\n- (ii) a proceeding under the Domestic and Family Violence Protection Act 2012 relating to the act of violence for which assistance is sought or has been granted; or\n- (a) in printed form or electronic form; and\n- (b) even if the proceeding has ended.","sortOrder":25},{"sectionNumber":"sec.11AA","sectionType":"section","heading":"Researcher in relation to sexual offence proceedings","content":"### sec.11AA Researcher in relation to sexual offence proceedings\n\nThis section applies to a person who is authorised under the Evidence Act 1977 , section 134AA to access a copy of a transcription of a record under the Recording of Evidence Act 1962 of a criminal proceeding that relates wholly or partly to a charge of a sexual offence.\nThe person may apply to the chief executive for the waiver of all or part of an amount that would otherwise be payable for a copy of the transcription.\nThe chief executive may waive payment by the person of all or part of the amount.\nThe person is entitled to the copy for free, or on payment of the relevant amount, as decided under subsection (3) .\ns 11AA ins 2024 Act No. 5 s 91\n(sec.11AA-ssec.1) This section applies to a person who is authorised under the Evidence Act 1977 , section 134AA to access a copy of a transcription of a record under the Recording of Evidence Act 1962 of a criminal proceeding that relates wholly or partly to a charge of a sexual offence.\n(sec.11AA-ssec.2) The person may apply to the chief executive for the waiver of all or part of an amount that would otherwise be payable for a copy of the transcription.\n(sec.11AA-ssec.3) The chief executive may waive payment by the person of all or part of the amount.\n(sec.11AA-ssec.4) The person is entitled to the copy for free, or on payment of the relevant amount, as decided under subsection (3) .","sortOrder":26},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Other matters","content":"# Other matters","sortOrder":27},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Prescribed tribunal— Act , s 6","content":"### sec.11A Prescribed tribunal— Act , s 6\n\nFor section 6 (1) of the Act , the Mental Health Review Tribunal is prescribed.\ns 11A ins 2023 SL No. 155 s 6","sortOrder":28},{"sectionNumber":"sec.11B","sectionType":"section","heading":"Prescribed judicial person for tribunal— Act , s 6","content":"### sec.11B Prescribed judicial person for tribunal— Act , s 6\n\nFor section 6 (2) of the Act , the president of the Mental Health Review Tribunal is prescribed for the tribunal.\ns 11B ins 2023 SL No. 155 s 6","sortOrder":29},{"sectionNumber":"pt.3","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":30},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Transitional provision for SL No. 132 of 2018","content":"## Transitional provision for SL No. 132 of 2018","sortOrder":31},{"sectionNumber":"sec.12","sectionType":"section","heading":"References to expired regulation","content":"### sec.12 References to expired regulation\n\nA reference in a document to the Recording of Evidence Regulation 2008 may, if the context permits, be taken to be a reference to this regulation.","sortOrder":32},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Transitional provisions for Recording of Evidence Amendment Regulation 2023","content":"## Transitional provisions for Recording of Evidence Amendment Regulation 2023","sortOrder":33},{"sectionNumber":"sec.13","sectionType":"section","heading":"Existing request for copy of transcription or audio record","content":"### sec.13 Existing request for copy of transcription or audio record\n\nThis section applies in relation to a request, made but not dealt with, before the commencement, for—\na copy of a transcription of a record under the Act ; or\na copy of an audio record.\nThe following provisions do not apply in relation to the request—\nnew part 2, division 1;\nnew schedule 1.\nThe following provisions continue to apply in relation to the request as if the Recording of Evidence Amendment Regulation 2023 had not been made—\nformer part 2, division 1;\nformer schedule 1.\nIn this section—\nformer , for a provision of this regulation, means the provision as in force immediately before the commencement.\nnew , for a provision of this regulation, means the provision as in force from the commencement.\ns 13 ins 2023 SL No. 18 s 9\n(sec.13-ssec.1) This section applies in relation to a request, made but not dealt with, before the commencement, for— a copy of a transcription of a record under the Act ; or a copy of an audio record.\n(sec.13-ssec.2) The following provisions do not apply in relation to the request— new part 2, division 1; new schedule 1.\n(sec.13-ssec.3) The following provisions continue to apply in relation to the request as if the Recording of Evidence Amendment Regulation 2023 had not been made— former part 2, division 1; former schedule 1.\n(sec.13-ssec.4) In this section— former , for a provision of this regulation, means the provision as in force immediately before the commencement. new , for a provision of this regulation, means the provision as in force from the commencement.\n- (a) a copy of a transcription of a record under the Act ; or\n- (b) a copy of an audio record.\n- (a) new part 2, division 1;\n- (b) new schedule 1.\n- (a) former part 2, division 1;\n- (b) former schedule 1.","sortOrder":34},{"sectionNumber":"sec.14","sectionType":"section","heading":"Application of s 9A to legal proceedings started before commencement","content":"### sec.14 Application of s 9A to legal proceedings started before commencement\n\nThis section applies in relation to a legal proceeding before a coroner or industrial magistrate started before the commencement.\nSection 9A applies in relation to a request for a copy of a transcription of a record under the Act , or an audio record, of the proceeding made under that section after the commencement.\ns 14 ins 2023 SL No. 18 s 9\n(sec.14-ssec.1) This section applies in relation to a legal proceeding before a coroner or industrial magistrate started before the commencement.\n(sec.14-ssec.2) Section 9A applies in relation to a request for a copy of a transcription of a record under the Act , or an audio record, of the proceeding made under that section after the commencement.","sortOrder":35}],"analysis":{"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from its original 2018 form through multiple amendments (2022, 2023, 2024). Notable expansions include: adding audio record access rights (not just transcripts); creating new free-copy entitlements for families in coronial/industrial magistrate death proceedings (s9A); adding researcher access for sexual offence proceedings (s11AA); carving out the Mental Health Review Tribunal into a separate regime; and restructuring the transcription request process to formally involve private 'recorder' companies in the fee-and-supply chain."},"complexity_factors":["Multiple overlapping divisions covering different categories of requestors, each with different entitlements and procedures","Cross-references to numerous other Acts (Recording of Evidence Act, Legal Aid Queensland Act, Legal Profession Act, Victims of Crime Assistance Act, Industrial Relations Act, Evidence Act, Guardianship and Administration Act, Powers of Attorney Act, Domestic and Family Violence Protection Act)","Distinction between 'initial requests' where no prior transcription exists versus subsequent requests, creating parallel procedural pathways","Fee calculation using an abstract 'fee unit' system requiring external reference to current unit values, with rounding rules","Transitional provisions requiring readers to apply different rules depending on when a request was made","Aboriginal and Torres Strait Islander family relationship recognition adding an additional definitional layer","Mental Health Review Tribunal carved out as a separate regime under Part 2A","Multiple eligibility categories for free copies with different conditions and evidence requirements for each"],"plain_english_summary":"## What This Law Does\n\nThis Queensland regulation sets out the rules for how people can get copies of **court recordings and transcripts** (written versions of what was said in court) from legal proceedings.\n\n## Who Can Get Copies?\n\n**Anyone** can request a copy of a court transcript or audio recording, but they generally have to pay a fee. The fee goes to a private transcription company (called a \"recorder\") who produces the written version.\n\n## Who Gets Copies for Free or at a Discount?\n\nSeveral groups of people are entitled to free or reduced-cost copies:\n\n- **Crime victims**: If you were the victim of a serious crime (like assault or sexual offence) heard in the Supreme or District Court, you get one free copy. If the victim is a child or has died, their parents, children, spouse or siblings can get a free copy instead.\n- **Defendants**: If you were charged with a serious crime in the Supreme or District Court, you get one free copy of the transcript.\n- **People in financial hardship**: If you're a party to a legal case but can't afford the cost, you can apply to have the fee waived (cancelled). You'll need to show evidence like bank statements or a letter from Legal Aid.\n- **Industrial proceedings**: The industrial registry and parties to workplace disputes get one free copy each.\n- **Coroner's inquests involving a death**: Close family members of someone who died can get a free copy of the inquest transcript or recording.\n- **Government victim assistance officers**: Officials processing victims' compensation claims get free access to relevant transcripts.\n- **Researchers into sexual offence cases**: Authorised researchers can apply to have fees reduced or waived.\n- **Judges and court officials** (\"judicial persons\"): Always get copies at no cost.\n\n## Important Exceptions\n\n- Proceedings before the **Mental Health Review Tribunal** are handled under separate rules.\n- If a court has **ordered** that a person must not receive a copy of a record, this regulation won't override that order.\n\n## How the Process Works\n\n1. You request a copy from the **chief executive** (the head of the relevant government department).\n2. The request is passed to a private transcription company.\n3. You pay the company's fee (unless you're entitled to a free copy).\n4. You receive the transcript electronically (or in print if you ask).\n5. The government does **not** charge you an extra fee on top of the transcription company's charge.\n\n## Fee Rounding\n\nFees are calculated using \"fee units\" (a government measurement that can be updated over time) and are rounded to the nearest 5 or 10 cents depending on the total amount."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.4 (ssec.4)","severity":"medium","reasoning":"The obligation to issue a copy is triggered by payment, but the timeframe runs from receipt of the request, not from completion of the transcription. If transcription takes days or weeks, compliance with the 'as soon as practicable after receiving the request' standard becomes practically impossible for the recorder who must first produce the document before issuing it.","confidence":0.72,"description":"The recorder must issue the transcription to the chief executive 'as soon as practicable after receiving the request', but subsection (4) is only triggered after the person pays or agrees to pay. The recorder has not yet transcribed anything — they have only received a request. It is impossible to issue a copy of a transcription that has not yet been produced 'as soon as practicable after receiving the request' unless the transcription pre-exists, which is not required by the section."},{"type":"self_contradicting","section":"sec.4B (ssec.1) and sec.4B (ssec.2)","severity":"low","reasoning":"The singular 'a person' in s4B(1)(a) is in tension with the joint request scenario explicitly addressed in s4B(4), since the trigger condition would not be met in its own terms for the joint request scenario — though the drafting intention is clear enough that this is low severity.","confidence":0.55,"description":"Section 4B applies where 'a person requests a copy of a transcription', but subsection (2) requires the chief executive to give the copy to 'the person'. For a joint request under s4A, subsection (4) requires compliance for 'each party or legal representative'. However, subsection (1) uses the singular 'a person', creating ambiguity about whether the trigger condition (a single person requesting) is satisfied where there are multiple joint requesters under s4A, since s4A requires 2 or more parties."},{"type":"impossible_compliance","section":"sec.4C (ssec.2)","severity":"low","reasoning":"The obligation arises upon payment, but the standard of compliance ('as soon as practicable after receiving the request') runs from a prior point in time. If payment is delayed, the chief executive cannot comply with the timing obligation through no fault of their own.","confidence":0.65,"description":"Section 4C requires the chief executive to issue the transcription 'as soon as practicable after receiving the request', conditioned on payment. However, unlike under ss.4 and 4A where a recorder (third party) produces the transcription, under 4C the chief executive is doing the issuing directly. The trigger for the obligation is receipt of the request, but payment may not occur until after the request — meaning the 'as soon as practicable' clock starts running before the condition precedent (payment) is satisfied, making the timing standard logically incoherent."},{"type":"other","section":"sec.7 (ssec.2)","severity":"low","reasoning":"The 'or' structure between (a) and (b) implies genuine alternatives available to all applicants, but (b) is conditionally available only to a subset. This could lead to confusion about whether a represented person must still provide documents under (a) or can rely solely on (b).","confidence":0.68,"description":"Section 7(2) states the application for financial hardship waiver 'must be accompanied by, or include' either (a) documents demonstrating financial hardship OR (b) a notice from a relevant legal service. However, option (b) only applies 'if a relevant legal service represents the person'. This means a person not represented by a relevant legal service has only option (a) available, while a person represented by Legal Aid or a community legal service can rely solely on that notice without providing underlying financial documents. The legislative structure presents these as co-equal alternatives but they are not — one is conditional."},{"type":"other","section":"sec.9 (ssec.1) and sec.9 (ssec.3)","severity":"low","reasoning":"While the legislative intent is clear (protecting families of deceased victims), the legal architecture of vesting an entitlement in a person who cannot exercise it is technically absurd, even if workable in practice through the redirection mechanism.","confidence":0.6,"description":"A victim of a personal offence who is a deceased adult (s9(3)) can never personally be 'a victim' who makes a request — they are dead. The entitlement under s9(3) runs to the victim's family members, not the victim. Yet s9(1) defines the right as belonging to 'a victim'. The section creates an entitlement for a dead person and then redirects it to family members, but the initial premise — that the victim is entitled — is vacuous for deceased victims."},{"type":"impossible_compliance","section":"sec.4F (ssec.2)","severity":"medium","reasoning":"The rounding provision is exhaustive in its drafting (using 'if' and 'if...but not more than') and does not include a catch-all for amounts over $1,000. This creates an unresolved gap rather than a true logical contradiction, but may render the section non-operative for higher-value fees.","confidence":0.75,"description":"Section 4F only provides rounding rules for fees 'not more than $100' and 'more than $100 but not more than $1,000'. There is no rounding rule provided for fees exceeding $1,000. If any fee expressed in fee units calculates to more than $1,000, the regulation provides no mechanism for rounding, leaving a gap in the operative provisions."},{"type":"impossible_compliance","section":"sec.8 (ssec.2) and sec.8 (ssec.3)","severity":"medium","reasoning":"The regulation creates entitlements to free copies for multiple parties (potentially numerous parties to an industrial proceeding) sourced from a single copy issued to the registry. There is no provision authorising the registry to reproduce the copy for distribution, nor is there any obligation on whoever produced the original to provide multiple copies to the registry for onward distribution.","confidence":0.7,"description":"Section 8(2) says a party to an industrial proceeding is entitled to 1 free copy 'if a copy of the transcription has been issued to the industrial registry'. Section 8(3) says this free copy 'is available from the industrial registry'. However, s8(1) only entitles the industrial registry to 1 free copy. If the registry has obtained that single copy and a party requests it, there is no mechanism for the registry to provide a copy without depleting its own entitlement — the regulation does not provide a mechanism for the registry to make further copies to distribute to parties."},{"type":"other","section":"sec.11AA (ssec.3) and sec.11AA (ssec.4)","severity":"low","reasoning":"The use of 'is entitled' in s11AA(4) implies a guaranteed right, but the right is entirely contingent on a discretionary decision under s11AA(3). Compare s7 which has the same structure — but s7 at least includes a standard ('reasonably believes there is a ground of financial hardship') whereas s11AA(3) provides no standard whatsoever for the exercise of the discretion.","confidence":0.72,"description":"Section 11AA(3) states the chief executive 'may' waive all or part of the amount. Section 11AA(4) states the person 'is entitled to the copy for free, or on payment of the relevant amount, as decided under subsection (3)'. However, if the chief executive exercises the discretion not to waive any amount, the person's 'entitlement' under (4) is simply to pay the full amount — which is the same position they were in before applying. The section creates an 'entitlement' that is entirely dependent on a discretion that may be exercised against the applicant, rendering the 'entitlement' language misleading."}],"contradictions":[{"severity":"low","section_a":"sec.4AA","section_b":"sec.4 and sec.4A","confidence":0.5,"description":"Section 4AA excludes the entire Division 1 of Part 2 from applying to copies of records or transcriptions of records before the Mental Health Review Tribunal. However, sections 4 and 4A speak to transcriptions of 'a record under the Act' without any carve-out for Mental Health Review Tribunal proceedings — the carve-out only appears in 4AA. This is structurally sound, but the placement of 4AA before ss.4 and 4A (and sharing their numbering sequence as s4AA) creates a potential reading where a person requests a transcription before checking 4AA, with the division ostensibly applying until one reads 4AA. The sequencing creates a structural incoherence where the exclusion provision appears before the operative provisions it excludes, suggesting the exclusion is a condition precedent but it is actually drafted as a general non-application provision."},{"severity":"low","section_a":"sec.4B (ssec.5)","section_b":"sec.4C (ssec.2)","confidence":0.55,"description":"Section 4B(5) expressly prohibits the chief executive from charging a fee for giving a copy of a transcription under s4B (where a recorder has produced it and the person has paid the recorder). Section 4C(2) requires the person to pay 'the fee for the request' to the chief executive before the chief executive will issue the transcription. This creates a distinction based on who produces the transcription: if a recorder produces it (ss.4/4A pathway), the chief executive cannot charge; if no recorder is involved (s4C pathway), the chief executive charges. While this may be intentional policy, the regulation does not explain or justify this differential treatment in its text, and the two sections can operate on the same type of request in different circumstances, creating uncertainty about which fee regime applies at the margins."},{"severity":"medium","section_a":"sec.9 (ssec.1)","section_b":"sec.9A (ssec.2)","confidence":0.78,"description":"Section 9 entitles a victim of a personal offence in Supreme Court or District Court criminal proceedings to 1 free copy of either an existing transcription OR (if no transcription exists) an audio record. Section 9A provides the same structure for proceedings before a coroner or industrial magistrate relating to a death. However, s9 is limited to criminal proceedings in the Supreme Court or District Court, meaning a victim of a personal offence in a Magistrates Court criminal proceeding is not entitled to a free copy under s9, yet family members of a deceased person in an industrial magistrate proceeding are entitled under s9A. This creates an anomaly where family members of a deceased person in a lower court proceeding have greater entitlements than a living victim of a serious crime in a lower court."},{"severity":"medium","section_a":"sec.9 (ssec.2)","section_b":"sec.9 (ssec.3)","confidence":0.73,"description":"Section 9(2) provides that where the victim is a child, 'each parent of the child' and 'the child's legal representative' are entitled to 1 free copy 'instead of the victim'. Section 9(3) provides that where the victim is an adult who has died, each spouse, child, parent or sibling is entitled to 1 free copy — but does not say 'instead of' anyone. This creates an ambiguity: if a deceased adult victim has a legal representative (e.g. an estate executor), that representative receives no entitlement under s9(3) (unlike the child victim's legal representative under s9(2)). The differential treatment of legal representatives depending on whether the victim is a child or a deceased adult is unexplained and potentially contradictory in policy terms."},{"severity":"medium","section_a":"sec.4 (ssec.1)(b)(ii)","section_b":"sec.4A (ssec.1)(b)(ii)","confidence":0.67,"description":"Both s4 and s4A require, as a precondition, that 'a relevant person has not made an earlier valid request to the chief executive for a copy of the transcription'. The term 'relevant person' is not defined in the text provided (it would be in schedule 2). However, s4 applies to an individual request and s4A applies to a joint request by 2 or more parties. If one of the joint requesters under s4A had previously made an individual request under s4 (making them a 'relevant person' who has already requested), then the s4A condition is not met and the joint request pathway is unavailable to the other parties who have not previously requested — even though they have a legitimate joint request. The two sections use the same 'relevant person' threshold but apply it to fundamentally different request structures, potentially blocking legitimate joint requests due to one party's prior individual request."},{"severity":"medium","section_a":"sec.4G (ssec.2)","section_b":"sec.4H (ssec.2)","confidence":0.7,"description":"Section 4G modifies the payment provisions of Division 1 to reflect entitlements to no-cost or reduced-cost copies under the Act. Section 4H disapplies the entire Division 1 where a court order prohibits making a record available to a person. However, if a person is entitled to a free copy under the Act (triggering s4G) but is also subject to a court order prohibiting access (triggering s4H), the two sections conflict: s4G modifies Division 1 to give the person access at no cost, while s4H removes Division 1 entirely for that person. The regulation does not establish which provision prevails, though by standard interpretive principles s4H (being more specific) would likely override s4G."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond simple administrative procedures for providing court records. Originally likely focused on basic transcription services, it now includes: special provisions for victims of crime and their families (including deceased victims); specific rules for industrial proceedings; researcher access to sexual offence proceedings; detailed financial hardship waiver processes; and complex transitional arrangements. The 2023 amendments substantially restructured Part 2, adding sections 4A-4H and 9A, indicating the framework has grown to address specific stakeholder needs (victims, families, researchers) rather than remaining a straightforward administrative mechanism."},"complexity_factors":["Multiple overlapping categories of entitlement (financial hardship, victim status, party status, professional role) with different conditions","Cross-references to at least 6 other Acts (Recording of Evidence Act 1962, Acts Interpretation Act 1954, Legal Aid Queensland Act 1997, Legal Profession Act 2007, Industrial Relations Act 2016, Guardianship and Administration Act 2000, Powers of Attorney Act 1998, Victims of Crime Assistance Act 2009, Evidence Act 1977, Domestic and Family Violence Protection Act 2012)","Conditional logic for different formats (electronic vs printed) depending on request type and recipient category","Transitional provisions that create parallel application of old and new rules for pending requests","Definition of family relationships includes Aboriginal tradition and Island custom, requiring cultural knowledge to apply","Fee unit calculations with specific rounding rules at different monetary thresholds"],"plain_english_summary":"This regulation sets out the rules for how people can get copies of court records and transcripts in Queensland. It covers who can request them, how much they cost, and who gets them for free or at a reduced price.\n\n**Key points:**\n\n- **What it covers:** The regulation deals with copies of audio recordings from court proceedings and written transcripts of those recordings.\n\n- **Who can request copies:** Generally, anyone can request a copy of a transcript or audio record, but they usually have to pay a fee. The request goes to a government officer (the chief executive), who then arranges for a transcription service to provide it.\n\n- **Free or reduced-cost copies:** Certain people are entitled to free or cheaper copies, including:\n  - **Victims of violent crimes** (and their families if the victim is a child or has died)\n  - **Defendants in criminal cases** in the Supreme or District Courts\n  - **Parties to industrial relations proceedings** (like disputes before the Industrial Relations Commission)\n  - **Families of deceased persons** in coronial inquests or industrial magistrate proceedings\n  - **Government assessors** handling victims of crime compensation claims\n  - **Researchers** studying sexual offence proceedings (who may apply for fee waivers)\n  - **People experiencing financial hardship** (who can apply to have fees waived)\n\n- **Special rules for judges:** Judicial officers can get copies of records even after a case has finished, and they don't have to pay.\n\n- **Mental Health Review Tribunal excluded:** The rules in Part 2, Division 1 don't apply to proceedings before the Mental Health Review Tribunal.\n\n- **How requests work:** Most requests are handled electronically. If multiple parties to a case want the same transcript, they can make a joint request to share costs. The chief executive must provide the copy in printed form if requested, otherwise electronically.\n\n- **Rounding of fees:** Fees are calculated in \"fee units\" (a standard way of setting government charges) and rounded to the nearest 5 or 10 cents depending on the amount."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/recording-of-evidence-regulation-2018","history":"/api/acts/recording-of-evidence-regulation-2018/history","analysis":"/api/acts/recording-of-evidence-regulation-2018/analysis","conflicts":"/api/acts/recording-of-evidence-regulation-2018/conflicts","importantCases":"/api/acts/recording-of-evidence-regulation-2018/important-cases","documents":"/api/acts/recording-of-evidence-regulation-2018/documents"}}