This regulation sets the rules for getting copies of court audio recordings and transcriptions. Requests go to the chief executive, who forwards them to authorised recorders; recorders may charge under arrangements and must supply an electronic copy to the chief executive (secs 4–4A). The chief executive provides the copy (electronic or printed) and may waive or reduce fees for financial hardship or specified authorised users (secs 4B,4C,7,11AA). The instrument also lists groups entitled to free copies and a Mental Health Review Tribunal exclusion (secs 8–11A,4AA).
This regulation sets out the practical procedures, fee rules and targeted entitlements for obtaining copies of records and transcriptions made under the Recording of Evidence Act 1962 (the Act). Mechanically, it prescribes: who handles a request sent to the chief executive, when a private recorder may charge for producing a transcript, how and when the chief executive must deliver copies, fee bases and rounding rules, a list of categories of people entitled to free or reduced‑cost copies, and transitional and prescription provisions for particular tribunals and proceedings.
Key mechanical changes and provisions in the text provided include:
A forwarding and processing pathway for requests sent to the chief executive, whereby the chief executive must give initial requests to a recorder as soon as practicable (s 4(2); s 4A(2) for joint requests). The recorder may charge the requester in accordance with the relevant arrangement (s 4(3); s 4A(3)) and, once paid or on agreement to pay, must issue an electronic copy of the transcription to the chief executive (s 4(4); s 4A(4)).
The chief executive must then give the transcription to the requester without charging a fee where the transcript was issued to the chief executive by a recorder under ss 4 or 4A (s 4B(2), (5)), and must comply with a stated choice of form (printed if requested; otherwise electronic) (s 4B(3)).
Where ss 4 and 4A do not apply, the chief executive may itself issue copies on payment (s 4C(2)), and there are separate rules for audio records (s 4D).
Fees for copies issued by the chief executive are linked to Schedule 1 and to s 13(2)(f) of the Act (s 4E); fee amounts expressed in fee units must be rounded according to thresholds in the Acts Interpretation Act 1954 (s 4F).
Current sections
Direct links to the current provisions in Recording of Evidence Regulation 2018.
36
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Recording of Evidence Regulation 2018 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 2 September 2018.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this regulation.
pt.2
Provision of copies of records and transcriptions
Provision of copies of records and transcriptions
pt.2-div.1
Provision of copies to persons generally
Provision of copies to persons generally
sec.4AA
Application of division
sec.4AA Application of division
This 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.
s 4AA ins 2023 SL No. 155 s 4
sec.4
Initial request for copy of transcription
sec.4 Initial request for copy of transcription
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.
The chief executive must give the request to a recorder as soon as practicable after receiving the request.
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.
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.
s 4 sub 2023 SL No. 18 s 4
(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.
(sec.4-ssec.2) The chief executive must give the request to a recorder as soon as practicable after receiving the request.
(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.
(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.
(a) a person makes a request to the chief executive for a copy of a transcription of a record under the Act ; and
(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.
(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.
(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.
sec.4A
Joint request for copy of transcription
sec.4A Joint request for copy of transcription
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.
The chief executive must give the request to a recorder as soon as practicable after receiving the request.
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.
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.
s 4A ins 2022 SL No. 79 s 145
sub 2023 SL No. 18 s 4
(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.
(sec.4A-ssec.2) The chief executive must give the request to a recorder as soon as practicable after receiving the request.
(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.
(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.
(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
(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.
(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.
(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.
sec.4B
Giving copy of transcription requested under s 4 or 4A
sec.4B Giving copy of transcription requested under s 4 or 4A
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) .
The chief executive must give the copy of the transcription to the person as soon as practicable after receiving the transcription.
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.
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.
The chief executive must not charge a fee for giving a copy of the transcription under this section.
s 4 B ins 2023 SL No. 18 s 4
(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) .
(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.
(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.
(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.
(sec.4B-ssec.5) The chief executive must not charge a fee for giving a copy of the transcription under this section.
(a) a person requests a copy of a transcription of a record under the Act ; and
(b) a recorder issues a copy of the transcription, in electronic form, to the chief executive under section 4 (4) or 4A (4) .
(a) if the person requests the copy of the transcription to be given in printed form—in that form;
(b) otherwise—in electronic form.
sec.4C
Request for copy of transcription in relation to which ss 4 and 4A do not apply
sec.4C Request for copy of transcription in relation to which ss 4 and 4A do not apply
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.
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.
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.
s 4C ins 2023 SL No. 18 s 4
(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.
(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.
(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.
(a) a person makes a request to the chief executive for a copy of a transcription of a record under the Act ; and
(b) sections 4 and 4A do not apply in relation to the request.
(a) if the person requests the copy of the transcription to be issued in printed form—in that form;
(b) otherwise—in electronic form.
sec.4D
Request for copy of audio record
sec.4D Request for copy of audio record
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.
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.
s 4 D ins 2023 SL No. 18 s 4
(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.
(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.
(a) a person makes a request to the chief executive for a copy of an audio record; and
(b) a copy of the audio record is available in electronic form.
sec.4E
Fees
sec.4E Fees
Schedule 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 .
s 4E ins 2023 SL No. 18 s 4
sec.4F
Rounding of amounts expressed as numbers of fee units
sec.4F Rounding of amounts expressed as numbers of fee units
This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
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.
s 4 F ins 2023 SL No. 18 s 4
amd 2023 SL No. 60 s 17 sch 1
(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.
(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.
(a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
(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).
sec.4G
Entitlement to copies at no or reduced cost
sec.4G Entitlement to copies at no or reduced cost
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 ).
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) .
s 4G ins 2023 SL No. 18 s 4
(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 ).
(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) .
(a) no cost; or
(b) a cost that is less than the amount that would otherwise be payable for the copy under this division (the reduced cost ).
sec.4H
Orders of court or judicial person
sec.4H Orders of court or judicial person
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.
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.
s 4 H ins 2023 SL No. 18 s 4
(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.
(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.
(a) made by the person; or
(b) if the request is made by the person and 1 or more other persons—to the extent the request applies to the person.
pt.2-div.2
Provision of copies to judicial persons
Provision of copies to judicial persons
sec.5
Provision of copies
sec.5 Provision of copies
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, may be provided to a judicial person—
in printed form or electronic form; and
even if the proceeding has ended.
Sections 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.
s 5 amd 2023 SL No. 155 s 5 (amdt could not be given effect); 2024 SL No. 62 s 14
(a) in printed form or electronic form; and
(b) even if the proceeding has ended.
pt.2-div.3
Provision of copies to particular persons at no or reduced cost
Provision of copies to particular persons at no or reduced cost
sec.6
Purpose of division
sec.6 Purpose of division
For 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.
sec.7
Parties to legal proceedings—financial hardship
sec.7 Parties to legal proceedings—financial hardship
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.
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.
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.
For subsection (3) , a notice under subsection (2) (b) is evidence of the ground of financial hardship.
The person is entitled to the copy for free, or on payment of the relevant amount, as decided under subsection (3) .
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 .
(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.
(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.
(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.
(sec.7-ssec.4) For subsection (3) , a notice under subsection (2) (b) is evidence of the ground of financial hardship.
(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) .
(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 .
(a) a copy of a record under the Act of a legal proceeding; or
(b) a copy of a transcription of a record under the Act of a legal proceeding.
(a) documents demonstrating the person’s financial hardship; or Examples of documents that may demonstrate financial hardship— bank statements, pay slips, Centrelink statements
(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.
(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.
(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.
(a) Legal Aid Queensland established under the Legal Aid Queensland Act 1997 ; or
(b) a community legal service within the meaning of the Legal Profession Act 2007 , schedule 2 .
sec.8
Industrial registry and party to industrial proceeding
sec.8 Industrial registry and party to industrial proceeding
The industrial registry is entitled to 1 free copy of a transcription of a record under the Act of an industrial proceeding.
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.
The free copy may be issued—
in electronic form only; and
even if the industrial proceeding has ended.
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 .
(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.
(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.
(sec.8-ssec.3) The free copy may be issued— in electronic form only; and even if the industrial proceeding has ended.
(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 .
(a) in electronic form only; and
(b) even if the industrial proceeding has ended.
(a) the industrial relations commission; or
(b) the industrial court; or
(c) the registrar appointed under the Industrial Relations Act 2016 .
sec.9
Victim of personal offence
sec.9 Victim of personal offence
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.
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.
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.
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.
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.
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.
s 9 amd 2023 SL No. 18 s 5
(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.
(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.
(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.
(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.
(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.
(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.
(a) an existing transcription of a record under the Act of the proceeding; or
(b) if a transcription does not exist—an audio record of the proceeding.
(a) each parent of the child;
(b) the child’s legal representative.
(a) if the copy is a transcription mentioned in subsection (1) (a) —in printed form or electronic form; and
(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
(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
(c) even if the criminal proceeding has ended.
(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
sec.9A
Particular legal proceedings before coroner or industrial magistrate
sec.9A Particular legal proceedings before coroner or industrial magistrate
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 ).
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.
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.
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.
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.
s 9A ins 2023 SL No. 18 s 6
(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 ).
(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.
(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.
(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.
(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.
(a) an existing transcription of a record under the Act of the proceeding; or
(b) if a transcription does not exist—an audio record of the proceeding.
(a) if the copy is a transcription mentioned in subsection (2) (a) —in printed form or electronic form; and
(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
(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
(c) even if the legal proceeding has ended.
(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
(a) if the deceased person is a child— (i) each parent of the child; and (ii) the child’s legal representative; or
(i) each parent of the child; and
(ii) the child’s legal representative; or
(b) if the deceased person is an adult—each person who is a spouse, child, parent or sibling of the adult.
(i) each parent of the child; and
(ii) the child’s legal representative; or
sec.10
Defendant in criminal proceeding
sec.10 Defendant in criminal proceeding
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.
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.
(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.
(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.
(a) in printed form or electronic form; and
(b) to the defendant or the defendant’s legal representative; and
(c) even if the criminal proceeding has ended.
sec.11
Government assessor or scheme manager under Victims of Crime Assistance Act 2009
sec.11 Government assessor or scheme manager under Victims of Crime Assistance Act 2009
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.
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) .
The copy mentioned in subsection (2) (a) may be issued—
in printed form or electronic form; and
even if the proceeding has ended.
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 .
s 11 amd 2023 SL No. 18 s 7
(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.
(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) .
(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.
(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 .
(a) dealing with an application for assistance, or amendment of a grant of assistance, under chapter 3 of that Act;
(b) amending assistance under chapter 3 , part 15 of that Act;
(c) recovering, for the State, an amount from a person under chapter 3 , part 16 of that Act.
(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
(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
(b) free electronic access to an audio record of a proceeding mentioned in paragraph (a) (i) or (ii) .
(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
(a) in printed form or electronic form; and
(b) even if the proceeding has ended.
sec.11AA
Researcher in relation to sexual offence proceedings
sec.11AA Researcher in relation to sexual offence proceedings
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.
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.
The chief executive may waive payment by the person of all or part of the amount.
The person is entitled to the copy for free, or on payment of the relevant amount, as decided under subsection (3) .
s 11AA ins 2024 Act No. 5 s 91
(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.
(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.
(sec.11AA-ssec.3) The chief executive may waive payment by the person of all or part of the amount.
(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) .
pt.2A
Other matters
Other matters
sec.11A
Prescribed tribunal— Act , s 6
sec.11A Prescribed tribunal— Act , s 6
For section 6 (1) of the Act , the Mental Health Review Tribunal is prescribed.
s 11A ins 2023 SL No. 155 s 6
sec.11B
Prescribed judicial person for tribunal— Act , s 6
sec.11B Prescribed judicial person for tribunal— Act , s 6
For section 6 (2) of the Act , the president of the Mental Health Review Tribunal is prescribed for the tribunal.
s 11B ins 2023 SL No. 155 s 6
pt.3
Transitional provisions
Transitional provisions
pt.3-div.1
Transitional provision for SL No. 132 of 2018
Transitional provision for SL No. 132 of 2018
sec.12
References to expired regulation
sec.12 References to expired regulation
A 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.
pt.3-div.2
Transitional provisions for Recording of Evidence Amendment Regulation 2023
Transitional provisions for Recording of Evidence Amendment Regulation 2023
sec.13
Existing request for copy of transcription or audio record
sec.13 Existing request for copy of transcription or audio record
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.
The following provisions do not apply in relation to the request—
new part 2, division 1;
new schedule 1.
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.
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.
s 13 ins 2023 SL No. 18 s 9
(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.
(sec.13-ssec.2) The following provisions do not apply in relation to the request— new part 2, division 1; new schedule 1.
(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.
(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.
(a) a copy of a transcription of a record under the Act ; or
(b) a copy of an audio record.
(a) new part 2, division 1;
(b) new schedule 1.
(a) former part 2, division 1;
(b) former schedule 1.
sec.14
Application of s 9A to legal proceedings started before commencement
sec.14 Application of s 9A to legal proceedings started before commencement
This section applies in relation to a legal proceeding before a coroner or industrial magistrate started before the commencement.
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.
s 14 ins 2023 SL No. 18 s 9
(sec.14-ssec.1) This section applies in relation to a legal proceeding before a coroner or industrial magistrate started before the commencement.
(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.
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Recording of Evidence Regulation 2018 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 2 September 2018.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this regulation.
pt.2 Provision of copies of records and transcriptions
Provision of copies of records and transcriptions
pt.2-div.1 Provision of copies to persons generally
Provision of copies to persons generally
sec.4AA Application of division
sec.4AA Application of division
This 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.
s 4AA ins 2023 SL No. 155 s 4
sec.4 Initial request for copy of transcription
sec.4 Initial request for copy of transcription
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.
The chief executive must give the request to a recorder as soon as practicable after receiving the request.
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.
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.
s 4 sub 2023 SL No. 18 s 4
(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.
(sec.4-ssec.2) The chief executive must give the request to a recorder as soon as practicable after receiving the request.
(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.
(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.
Persons entitled under the Act to no cost or reduced cost receive those entitlements as applied throughout the division (s 4G); the division does not apply where an Act or court order prohibits availability (s 4H).
Specific classes of free entitlements are set out for industrial registries and parties (s 8), victims of personal offences in Supreme or District Court proceedings and their representatives (s 9), persons connected to deaths before a coroner or industrial magistrate (s 9A), defendants in higher criminal courts (s 10), government assessors and scheme managers under the Victims of Crime Assistance Act 2009 (s 11), and researchers authorised under Evidence Act 1977 s 134AA in relation to sexual‑offence proceedings (s 11AA).
Sections prescribing the Mental Health Review Tribunal and its president for the Act’s tribunal/judicial person rules are included (ss 11A-11B).
Transitional provisions preserve the pre‑amendment regime for requests made but not dealt with before the most recent amendment (s 13) and enable s 9A to apply to proceedings started before commencement (s 14).
The regulation is framed as an operational instrument allocating costs and administrative tasks between the chief executive, private recorders and various classes of users; it also sets statutory discretions (for example, the chief executive may waive fees for financial hardship, s 7(3)). The regulation repeatedly uses “must” for the chief executive’s obligations to forward requests and supply copies, and “may” for waivers, which establishes hard procedural duties alongside discretionary relief.
Main concepts
The regulation organises around a small set of recurring legal and administrative concepts that determine entitlement, payment and delivery of evidence copies. Those concepts, and where they appear, are:
Request channel and forwarding duty: a request made under the Act is to be made to the chief executive, who then has a mandatory duty to give that request to a recorder as soon as practicable in the standard scenario (s 4(2); s 4A(2)). The regulation therefore centralises intake with the chief executive while outsourcing production to recorders when a recorder provides transcription services.
Recorder commercial role: a “recorder” (as described in ss 4, 4A) is a private provider of transcription services who may charge a person for producing a copy of a transcription in accordance with the “relevant arrangement” (s 4(3); s 4A(3)). The recorder’s contractual relationship is with the requester; once paid or on agreement to pay, the recorder must provide an electronic copy to the chief executive (s 4(4); s 4A(4)).
Chief executive supply duty and fee prohibition: where the recorder issues a copy to the chief executive under ss 4 or 4A, the chief executive must give the copy to the person as soon as practicable (s 4B(2)), in the requested format where applicable (s 4B(3)), and must not charge a fee for giving that copy (s 4B(5)).
Alternative direct issuer model: if ss 4 and 4A do not apply (for example when a recorder is not engaged in the relevant way), the person may request a copy directly from the chief executive and must pay the fee (s 4C(2)). For audio records available electronically the chief executive will issue an electronic copy on payment or agreement to pay (s 4D(2)).
Fee architecture and rounding: fees for issuing copies by the chief executive are set out in Schedule 1 and relate to s 13(2)(f) of the Act (s 4E). Where fees are expressed in fee units the regulation prescribes rounding rules by monetary thresholds for application of the Acts Interpretation Act (s 4F).
Entitlements at no or reduced cost: the regulation defines targeted no‑cost or reduced‑cost entitlements. Section 6 declares the division’s purpose as stating those entitlements in aid of s 5B(3)(b) of the Act; s 7 allows waiver of fees for parties on financial hardship; ss 8-11AA specify distinct entitlements for industrial registries, victims, persons connected to deaths before coroners and industrial magistrates, defendants in certain criminal courts, government assessors/scheme managers, and certain authorised researchers.
Exclusions and court orders: the regulation relinquishes its operation where another Act or an order of a court or judicial person prohibits making a copy available to a person, by excluding requests that are so prohibited from this division’s operation (s 4H).
Tribunal prescription and special treatment: the Mental Health Review Tribunal is prescribed for the Act’s tribunal references, and its president is prescribed as the judicial person for tribunal purposes (ss 11A-11B). Section 4AA expressly excludes the division in relation to requests connected to legal proceedings before the Mental Health Review Tribunal.
Transitional continuity: for requests made before the commencement of recent amendments, the older regime continues to apply (s 13), and s 14 makes s 9A apply to proceedings before a coroner or industrial magistrate that started before commencement.
These concepts create a split administrative model: private recorders perform transcription work and may seek payment, while the chief executive acts as the statutory distributor of records and has express duties not to charge in certain pathways. The regulation layers statutory entitlements that can eliminate or reduce the payment requirement for defined classes of users, while preserving a private market for transcription services governed by “relevant arrangements” and a state role in dissemination.
Who it affects
The regulation affects a set of institutional actors and individual classes of users in specific ways:
Chief executive: the central administrative actor. The chief executive receives requests under the Act and has mandatory duties to forward relevant requests to recorders as soon as practicable (s 4(2), s 4A(2)); to accept electronic copies from recorders and supply them to requesters as soon as practicable (s 4B(2)); to issue copies itself when ss 4/4A do not apply and the requester pays the fee (s 4C(2)); to provide audio records in electronic form on payment (s 4D(2)); and to implement fee waivers and reduced costs under s 7 and s 4G. The chief executive also must not charge when providing copies that were issued to the chief executive by a recorder (s 4B(5)).
Recorders: persons or firms providing transcription services. Where a recorder provides a transcription service and an initial request is made, the chief executive must give the request to a recorder (s 4(2)). The recorder may charge in accordance with the “relevant arrangement” (s 4(3)), and if paid or on agreement must provide an electronic copy to the chief executive (s 4(4)). This confers on recorders the potential to monetise transcription production while transferring responsibility for onward distribution to the chief executive.
Parties and legal representatives: persons party to legal proceedings and their lawyers. Parties who make an initial request and where recorders are engaged follow the s 4 pathway; joint requests by two or more parties or their legal representatives are catered for in s 4A, requiring the chief executive to forward the joint request to a recorder and obliging the recorder to issue the copy to the chief executive on payment or agreement (s 4A(2)-(4)). If a person is entitled under the Act to a free or reduced copy, that entitlement modifies payment requirements (s 4G). Parties may also apply for waivers on grounds of financial hardship (s 7).
Defendants and victims in serious criminal proceedings: defendants in criminal proceedings in the Supreme Court or District Court are entitled to one free copy of a transcription (s 10). Victims of personal offences in those courts are entitled to one free copy of an existing transcription or, if none exists, an audio recording (s 9(1)). Special personhood rules apply if victims are children or deceased as a consequence of the offence (s 9(2)-(3)).
Entitled next‑of‑kin and persons connected to deaths: ss 9A and 9 list entitlements for people connected to deaths heard by coroners or industrial magistrates, and for persons entitled as spouse, child, parent, sibling, or under local cultural recognition of kinship.
Industrial registries and parties in industrial proceedings: the industrial registry is entitled to one free copy (s 8(1)), and parties or their legal representatives are entitled to one free copy where a copy has been issued to the industrial registry (s 8(2)). The free copy may be electronic only (s 8(3)).
Government assessors and scheme managers under the Victims of Crime Assistance Act 2009: entitled to one free copy of a relevant transcription or free electronic access to an audio record for functions under that Act (s 11(2)-(3)).
Researchers authorised under the Evidence Act 1977 s 134AA in relation to sexual offence proceedings: may apply for waiver of fees and the chief executive may waive payment (s 11AA(2)-(3)).
Legal aid and community legal services: operate indirectly as evidentiary proof of means for fee waivers. A written notice from a relevant legal service that the person meets the service’s means test counts as evidence of hardship in an application to the chief executive (s 7(2)(b), (4)). Relevant legal services are defined to include Legal Aid Queensland and community legal services under the Legal Profession Act 2007 (s 7(6)).
Mental Health Review Tribunal and its president: prescribed for particular Act references (ss 11A-11B) but excluded from the division governing supply of copies to persons generally (s 4AA). That means proceedings before this Tribunal are treated differently under this regulation.
In summary, the regulation distributes administrative tasks between state central processing and private transcription providers, grants targeted free entitlements to defendants, victims and statutory decisionmakers, and leaves ordinary requesters to either use a recorder’s paid service or pay the chief executive directly where the recorder pathway does not apply. The practical effect is to create multiple user classes with differing cost exposure and procedural routes to obtain copies.
Key duties and rights
This regulation creates mandatory obligations, discretionary powers and specific entitlements. The key duties and rights, with their statutory locations, are:
Duties of the chief executive
Duty to forward requests to a recorder: When an initial request is made under s 4 or a joint request under s 4A, the chief executive must give the request to a recorder as soon as practicable after receiving the request (s 4(2); s 4A(2)). That is a procedural duty framed as mandatory (“must”).
Duty to supply copies supplied by a recorder: If a recorder issues an electronic copy to the chief executive under s 4(4) or s 4A(4), the chief executive must give the copy to the requester as soon as practicable after receiving it (s 4B(2)).
Duty to respect format preferences: The chief executive must supply printed copies where requested; otherwise the default is electronic (s 4B(3)). For copies issued under s 4C or audio records under s 4D, the chief executive must issue in printed or electronic form depending on the requester’s choice (s 4C(3); s 4D(2) requires electronic for audio).
Duty not to charge where the recorder issued to the chief executive: The chief executive must not charge a fee for giving a copy that was issued to the chief executive by a recorder under ss 4 or 4A (s 4B(5)).
Duty to consider and grant fee waivers for financial hardship: The chief executive may waive all or part of an amount payable by a party to a legal proceeding if the chief executive reasonably believes there is a ground of financial hardship, and an application must be accompanied by defined evidence such as financial documents or a written notice from a relevant legal service (s 7(1)-(5)). The power to waive is discretionary (“may waive”) but operates within a specified evidentiary frame.
Duties of recorders
Entitlement to charge and issue copy to chief executive: If a recorder provides a transcription service and receives a forwarded request, the recorder may charge the person an amount worked out in accordance with the relevant arrangement (s 4(3); s 4A(3)). Upon payment or agreement to pay, the recorder must issue an electronic copy of the transcription to the chief executive (s 4(4); s 4A(4)). The recorder’s duty is contractual and operational: to produce and deliver the transcription to the chief executive after obtaining payment or agreement.
Rights and entitlements of persons and classes
Right to receive copies once procedures followed: A person who requests a copy under the Act and follows the payment/agreement procedure is entitled to receive the copy through the chief executive (s 4B(2); s 4C(2); s 4D(2)).
Right to format choice: A requester may elect a printed copy; otherwise the default delivery is electronic (s 4B(3); s 4C(3)). That right is qualified by s 8(3) for industrial registry copies, which may be electronic only.
Right to one free copy for specific classes: Defendants in Supreme or District Court criminal proceedings (s 10(1)); victims of personal offences in those courts (s 9(1)); entitled persons in coroner or industrial magistrate proceedings relating to death (s 9A(2)); the industrial registry and parties in industrial proceedings subject to issuance to the registry (s 8(1)-(2)); government assessors and scheme managers in certain Victims of Crime Assistance Act functions (s 11(2)); and researchers authorised under Evidence Act s 134AA in relation to sexual‑offence proceedings may apply for waiver (s 11AA(1)-(3)).
Right to waiver on grounds of financial hardship: Parties to legal proceedings may apply to the chief executive for all or part of a fee to be waived; evidence of hardship is specified and a notice from a relevant legal service is accepted as evidence (s 7(1)-(5)).
Right to free or reduced cost if entitled under the Act: Section 4G states that where a person is entitled under the Act to a copy at no cost or a reduced cost, the division’s payment provisions apply as if the person were required to pay that no cost or reduced cost (s 4G(1)-(2)).
Discretionary powers
The chief executive’s waiver power: s 7(3) uses “may waive”, giving administrative discretion subject to the reasonableness standard in the text.
Other implied discretions: The chief executive’s operational duty to act “as soon as practicable” (multiple sections) necessarily imports administrative judgement about timing and prioritisation.
Limitations and prohibitions
The division does not apply where an Act or a court/judicial person order prohibits a copy being made available (s 4H(1)-(2)). That is an express carve‑out protecting orders that restrict dissemination.
The division does not apply to the Mental Health Review Tribunal in relation to copies/transcriptions (s 4AA).
Format and temporal features
Many entitlements expressly continue “even if the proceeding has ended” (see e.g. s 5, s 8(3), s 9(4), s 9A(3), s 10(2), s 11(3)). That gives the right persistent effect beyond the life of the proceeding.
These duties and rights create a hybrid public-private interface: the recorder provides the commercial service and the chief executive fulfils statutory distribution, with statutory protections for cost exposure for defined persons and a specified administrative test for hardship.
Penalties and enforcement
The regulation, as supplied, does not create specific criminal offences, civil penalties, or administrative infringement provisions within its text. There are no penalty tariffs, monetary fines, or explicit enforcement mechanisms recorded in the sections provided. Instead, the instrument uses mandatory language (“must”) to impose administrative duties and discretionary language (“may”) to grant powers such as fee waiver. The enforcement effect therefore is primarily through statutory obligation rather than through expressly stated sanctions.
Concrete enforcement features and implications present in the text:
Statutory obligations capable of administrative enforcement: The chief executive is obliged to forward requests, accept issued copies, deliver supplied copies, and to not charge in enumerated circumstances (s 4(2); s 4B(2), (5)). These are statutory duties that, if not complied with, could be subject to supervision under administrative law (for example, judicial review of the chief executive’s exercise or failure to exercise statutory powers), but the regulation itself does not set out remedies or penalties.
Discretionary decisions and reviewability: The chief executive’s discretion to waive fees (s 7(3); s 11AA(3)) is a discretionary administrative act. The regulation does not provide an internal review mechanism or appeal route against such discretionary decisions; however, absent an express statutory appeal pathway in this regulation, any challenge would need to proceed by general administrative law remedies. The text does not mention internal review obligations or timeframes for decision‑making on waiver applications.
No registrar or inspector powers: The regulation does not confer investigatory powers, inspection rights, or obligations on recorders beyond the narrow operational duties to issue copies on payment or agreement (s 4(4); s 4A(4)). There are no licensing or compliance monitoring provisions for recorders in this text.
Compliance duties on payment and documentation: For fee waivers on the ground of financial hardship the applicant must supply specified evidence (documents like bank statements, pay slips, Centrelink statements, or a notice from a relevant legal service) (s 7(2)). Failure to provide the evidence could be a practical compliance barrier and could lead to a refusal to waive fees, but the regulation does not state a formal sanction beyond non‑waiver.
Where the regulation is silent on penalties, the practical enforcement environment will depend on:
The Act: the Recording of Evidence Act 1962, which the regulation supports, may contain enforcement provisions not in this text.
Administrative law: duties expressed as “must” are legally enforceable obligations; failure to comply may be amenable to remedy by judicial review or other general statutory mechanisms even though the regulation does not itself state specific penalties.
Contractual mechanisms: recorders operate under “relevant arrangements” (s 4(3)); enforcement of payment and service obligations between recorders and clients will principally be a contractual matter between those private parties.
In short, the instrument relies on mandatory procedural duties and discretionary administrative powers rather than on an express penalties‑and‑infringement framework. The practical assurance of compliance therefore depends on duty holders observing statutory obligations and on the existence of external avenues (such as administrative law) to challenge non‑compliance; nothing in the regulation creates new penalty regimes.
How it interacts with other laws
This regulation is expressly built to operate alongside and depend upon several other statutes. The text references those Acts and provisions, and the interplay determines entitlement, evidence access, and administrative channels.
Key cross‑references and their operational impact:
Recording of Evidence Act 1962 (the Act): The regulation implements procedural detail for obtaining copies under the Act. It repeatedly links fees to s 13(2)(f) of the Act (s 4E) and gives effect to the entitlement and arrangement duties imposed in the Act (for example, s 5 of the regulation references s 5B(3)(a) and s 6(5)(a) of the Act requiring arrangements for providing records and transcriptions to judicial persons at no cost). The regulation is an implementing instrument for the Act’s framework and must be read in conjunction with the Act’s core definitions and entitlements.
Evidence Act 1977, s 134AA: Section 11AA relies on authorisation under Evidence Act s 134AA for researchers to access transcripts of sexual‑offence proceedings. That provision ties the availability of waivers to a researcher’s statutory authorisation under the Evidence Act, limiting the group of researchers to those already authorised under that statute.
Victims of Crime Assistance Act 2009: Section 11 ties entitlements for government assessors and scheme managers to functions performed under that Act. The regulation gives those officials access to transcripts or audio records when dealing with applications for assistance or recovery of amounts under specified parts of the Victims of Crime Assistance Act 2009.
Domestic and Family Violence Protection Act 2012: Section 11(2)(a)(ii) extends entitlement to transcripts of proceedings under that Act when they are relevant to an application for victims’ assistance, tying the evidentiary needs under the Victims of Crime Assistance regime to proceedings under the domestic and family violence framework.
Guardianship and Administration Act 2000 and Powers of Attorney Act 1998: Several entitlement provisions permit copies to be issued to legal representatives, guardians or attorneys appointed under those Acts (for example, s 9(4), s 9A(3)). Those cross‑references define who may receive copies on behalf of vulnerable persons.
Industrial Relations Act 2016: Section 8 defines “industrial proceeding” and “industrial registry” by reference to that Act, granting a free copy to the industrial registry and to parties when a copy has been issued to the registry.
Legal Aid Queensland Act 1997 and Legal Profession Act 2007: Section 7(6) defines “relevant legal service” in relation to the chief executive’s waiver power. A notice from a relevant legal service is evidence of financial hardship for waiver purposes (s 7(4)), creating a procedural role for legal aid and community legal centres.
Acts Interpretation Act 1954, s 48C(3): Section 4F of the regulation prescribes rounding rules for applying fee units and explicitly ties the rounding exercise to the Acts Interpretation Act’s section on rounding to monetary multiples, thereby governing how fee‑unit expressions translate to dollars.
Mental Health Review Tribunal: Sections 11A and 11B prescribe the Tribunal and its president for the Act’s tribunal references, but s 4AA explicitly excludes the operation of division 1 in relation to copies of records or transcriptions of legal proceedings before the Mental Health Review Tribunal. That creates a distinct interaction where the Tribunal is prescribed for some purposes but its proceedings are excluded from certain request/recorder pathways.
Operational consequences of these interactions:
The regulation depends on other statutes to define eligibility and the classes of representatives who can receive copies. For instance, entitlement for a person’s guardian depends on the Guardian Act’s appointment process.
The Evidence Act’s authorisation is a gatekeeping mechanism for research access in sexual‑offence proceedings, and the Recording regulation’s waiver power for such researchers (s 11AA) is contingent on that Evidence Act authorisation.
The chief executive’s duties interact with court orders and other Acts that may prohibit dissemination: s 4H expressly defers to any Act or court order that prevents making copies available, which means compliance requires checking for such orders across multiple jurisdictions and statutes.
Fee and waiver mechanisms cross administrative domains: the victims’ assistance regime, legal aid eligibility/means tests, and industrial registry rights all influence whether a requester faces fees or gains free access.
These cross‑references ensure the regulation operates as part of a wider legal matrix governing access to court recordings, embedding eligibility and representative rights in the underlying substantive statutes and making operational compliance contingent on other statutory processes.
Amendment history
The regulation text contains in‑line amendment annotations that indicate multiple update events since the regulation’s 2018 commencement.
Principal dates and changes recorded in the supplied text:
Commencement and original instrument: The regulation is cited as the Recording of Evidence Regulation 2018 and commenced on 2 September 2018 (secs 1-2).
2022 amendment: Section 4A (Joint request for copy of transcription) was inserted in 2022, with the notation “s 4A ins 2022 SL No. 79 s 145”. That insertion created an express pathway for joint requests by two or more parties or their legal representatives to be forwarded to a recorder, mirroring the single‑request procedure in s 4.
2023 amendments: Multiple insertions and substitutions occurred in 2023:
Section 4 and related subsections show a 2023 substitution/or insertion notation “sub 2023 SL No. 18 s 4” and other s 4‑series provisions (s 4B, s 4C, s 4D, s 4E, s 4F, s 4G, s 4H) are annotated “ins 2023 SL No. 18 s 4”, indicating a coordinated set of amendments by subordinate legislation 2023 No. 18, s 4. That 2023 instrument reworked division 1 (provision of copies to persons generally), added the joint request regime, clarified fees and rounding rules, and added targeted entitlements (s 4G-4H).
Section 5 notes an amendment in 2023 under “s 5 amd 2023 SL No. 155 s 5 (amdt could not be given effect)”, with a further 2024 amendment recorded as “2024 SL No. 62 s 14”. The 2023 amendment record includes the parenthetical “amdt could not be given effect”, signalling an attempted amendment that may have failed procedurally or otherwise; a later 2024 subordinate legislation (No. 62) appears to have completed or corrected that change. Section 5 as currently in the text affirms that copies of records may be provided to judicial persons in printed or electronic form and even if the proceeding has ended, and explicitly references the Act’s requirements for free provision to judicial persons (s 5B(3)(a) and s 6(5)(a) of the Act).
Section 9 and section 11 show “amd 2023 SL No. 18 s 5” and “s 11 amd 2023 SL No. 18 s 7” respectively, indicating amendments to victims’ entitlements and to the Victims of Crime Assistance Act interaction via the 2023 No. 18 instrument.
Section 4AA (Giving copy of transcription requested under s 4 or 4A), s 4B, s 4C, s 4D, s 4E, s 4F, s 4G, s 4H are all noted as “ins 2023 SL No. 18 s 4”, indicating their insertion together.
2024 amendment: Section 11AA (Researcher in relation to sexual offence proceedings) is noted as “s 11AA ins 2024 Act No. 5 s 91”, indicating a 2024 statutory insertion as part of Act No. 5, s 91. Section 5 has a 2024 SL No. 62 amendment (s 14), as noted above.
Transitional provisions for amendments: The regulation added transitional provisions in s 13 and s 14 to handle existing requests and proceedings started before the latest amendments. Section 13 (ins 2023 SL No. 18 s 9) preserves the operation of former part 2 division 1 and former schedule 1 for requests made but not dealt with before commencement. Section 14 (ins 2023 SL No. 18 s 9) applies s 9A to proceedings started before commencement.
Operational reading of the amendment history:
The 2023 subordinate legislation (SL No. 18) appears to be a major package reworking fee pathways, recorder/ chief executive relationships, and targeted entitlements; it also introduced rounding rules for fee unit conversion (s 4F) and clarified the core user‑class entitlements (s 4G-4H).
The 2022 insertion of s 4A added explicit joint request handling and thus adjusted the regulation to recognise multi‑party requests.
The 2024 insertion of s 11AA expanded waiver access to researchers authorised under the Evidence Act in sexual offence cases.
Readers and administrators must take care to consult the Act and the current consolidated regulation text (including Schedule 1 and Schedule 2 definitions, not all of which are reproduced here) to determine which version applies to a given request, and to observe transitional savings clauses (s 13) when dealing with requests submitted prior to the 2023 amendments.
Litigation history
The regulation text supplied contains no case law, judicial decisions, or references to litigation in which the regulation has been interpreted or applied. No specific cases are named in the text. The instrument itself is silent as to any past disputes or judicial review proceedings concerning its operation.
Implications of that silence and practical consequences:
There is no reported authority in this text to aid interpretation of key terms such as “as soon as practicable”, “relevant arrangement”, or to resolve potential conflicts between the duty to forward requests and the duty to observe court orders that restrict dissemination (s 4H). Practitioners will therefore need to rely on statutory language, administrative common law and any general guidance that may be issued by the administering department or the courts in unrelated administrative law contexts.
Because the regulation creates procedural duties on the chief executive and contractual opportunities for recorders, disputes may arise in practice over timeliness, payment obligations to recorders, the proper handling of joint requests, format preferences, or the scope of entitlements. Those disputes would be resolved in the first instance by administrative complaint channels or civil litigation between private parties (for payment disputes), and potentially by judicial review where there is an alleged failure by the chief executive to fulfil a mandatory statutory duty. The regulation itself does not identify a specific statutory appeal mechanism or tribunal for review.
The absence of litigation history in the text means there is no embedded interpretative guidance; practitioners should therefore keep an eye on administrative decisions and any future case law that may interpret the operation of the regulatory duties and discretionary waiver powers.
In short, the supplied text contains no litigation history. Where disputes arise about the regulation’s operation, recourse will be to the general law and to the Recording of Evidence Act and related statutes referenced in the regulation.
Gotchas
This regulation contains several practical pitfalls and implementation‑sensitive features that practitioners and administrators should note and manage:
Split economic model: private recorder charges and public distribution
Unless ss 4/4A do not apply, the requester pays the recorder directly (s 4(3), s 4A(3)), but the recorder must then issue an electronic copy to the chief executive (s 4(4), s 4A(4)) and the chief executive must not charge for giving that copy to the requester (s 4B(5)). That creates a two‑stage commercial pathway where the requester may pay a private provider and yet receive the final copy from the public agency free of charge. Practically, this places recorders in a gatekeeper/commercial role and the chief executive as dispenser. The potential misalignment is that requesters may pay recorders for services that duplicate public provision or which the chief executive might otherwise provide under s 4C at a schedule‑based fee.
“As soon as practicable” is undefined
The regulation repeatedly uses the phrase “as soon as practicable” for duties to forward requests and to provide copies (s 4(2); s 4B(2); s 4C(2); s 4D(2)). That standard requires administrative judgement and may give rise to delay disputes. The instrument contains no explicit timeframes, priority rules or service‑level standards, so expectations about turnaround will be shaped by departmental practice, not the regulation.
Joint requests and duplication of copies
A joint request by two or more parties triggers the recorder pathway (s 4A(1)-(4)), but s 4B(4) requires the chief executive to comply with ss 4B(2)-(3) for each party or legal representative who made the joint request. That means each party may receive a copy, which can multiply production and distribution work even though a single recorder package may generate the transcript. Practitioners should consider whether joint request handling should be coordinated to avoid unnecessary duplication.
Exclusions by court order and other Acts
Section 4H excludes the division where an Act or court/judicial person order prohibits making a copy available to a person. That requires checklists and cross‑checks at intake. The chief executive must ensure that a request is not blocked by such an order, and failure to check may produce unlawful distribution. The regulation does not prescribe an explicit clearance process for orders, so administrative systems must be designed to identify such constraints.
Mental Health Review Tribunal carve‑out
Section 4AA excludes the division’s operation in relation to proceedings before the Mental Health Review Tribunal. At the same time ss 11A-11B prescribe the Tribunal and its president for the Act’s tribunal/judicial person references. This means practitioners dealing with Tribunal matters must consult separate or supplementary procedures and cannot rely on the division’s recorder/forwarding model. Confusion can arise if staff treat all tribunals uniformly.
Fee rounding technicality may affect small charges
Section 4F fixes rounding rules for fee unit conversion: up to $100 round to nearest 5 cents, over $100 up to $1,000 round to nearest 10 cents. Small differences in fee‑unit valuations may produce unanticipated cent‑level differences, particularly where multiple fee units are combined. Agencies and recorders must implement the rounding algorithm precisely to avoid under‑ or overcharging.
Evidence required for waivers is specific but limited
For financial hardship waivers, the applicant must provide documents such as bank statements, pay slips, Centrelink statements, or a written notice from a relevant legal service confirming means‑test status (s 7(2)). The regulation designates what is acceptable evidence, but does not list alternative evidence or outline accepted electronic submissions. That may create rigidities for applicants lacking the listed documents.
Different entitlements have different permitted formats
Some free entitlements are electronic only (e.g. industrial registry free copy may be issued in electronic form only, s 8(3)). Others allow printed or electronic copies (s 9(4), s 10(2)). Users and administrators must carefully track the permitted formats for each entitlement group to avoid providing an incorrect format.
Transitional continuity and pre‑amendment requests
Section 13 preserves the former part 2 division 1 and former schedule 1 for requests already made but not dealt with before the commencement of the 2023 amendments. That creates a temporary bifurcation where requests started before the amendment are governed by the old rules. Administrators must correctly identify that cohort to avoid misapplication of the new regime.
Definitions held in Schedule 2
Section 3 indicates that the dictionary in Schedule 2 defines particular words used in the regulation. The text supplied does not include Schedule 2, so key terms such as “recorder”, “relevant arrangement”, “audio record” and others may be defined there. Relying on plain language without checking Schedule 2 risks misinterpretation.
Addressing these “gotchas” requires operational controls: intake procedures to detect court orders and tribunal exclusions, explicit service‑level standards for “as soon as practicable”, coordination protocols for joint requests, precise invoicing and rounding compliance, and processes to accept or verify waiver evidence.
How to comply
This section sets out practical steps for the principal actors (chief executive, recorders, requesters and legal representatives) to ensure compliance with the regulation’s duties and to secure entitlements. Each step references the relevant provisions to make compliance traceable.
For the chief executive
Intake and triage:
Centralise all requests under the Act to the chief executive’s designated intake point (s 4(1) references “a person makes a request to the chief executive”). On receipt, immediately check whether the request concerns a proceeding before the Mental Health Review Tribunal; if so, do not apply division 1 (s 4AA). Also check whether any Act or court/judicial person order prohibits making a copy available; if so, the division does not apply to the extent of the prohibition (s 4H(1)-(2)).
Forwarding to recorders:
Where ss 4 or 4A apply, forward the request to an available recorder “as soon as practicable” (s 4(2); s 4A(2)). Document the date and time of forwarding to establish compliance with the forwarding duty.
Receipt and distribution of recorder copies:
When a recorder issues an electronic copy to the chief executive under s 4(4) or s 4A(4), deliver the copy to the requester as soon as practicable (s 4B(2)). Provide the copy in printed form if requested; otherwise deliver electronically (s 4B(3)). Do not charge for giving such a copy (s 4B(5)). Keep an audit trail that records the recorder’s delivery, the chief executive’s delivery, the person’s format preference, and any payment or agreement documentation the recorder furnished.
Direct issuance where ss 4/4A do not apply:
If the request falls outside ss 4/4A, accept payment or a payment agreement from the requester and issue the copy as soon as practicable (s 4C(2)). Provide printed or electronic format as requested (s 4C(3)). For audio records available electronically, upon payment issue an electronic copy (s 4D(2)).
Waiver and hardship processes:
Establish a standardised application form for fee waivers under s 7 that requires the documents specified (bank statements, pay slips, Centrelink statements) or a written notice from a relevant legal service (s 7(2)). Create an internal decision register recording the chief executive’s reasoning when exercising the “may waive” discretion (s 7(3)) and any evidentiary reliance on a legal service notice (s 7(4)).
Special entitlements:
Implement specific supply procedures for the categories listed in ss 8-11AA, for example: issuing one free copy to industrial registries (s 8(1)), victims entitled under s 9(1), defendants in s 10(1), and government assessors under s 11(2). Verify representative status where copies are sought by legal representatives, guardians or attorneys (s 9(4); s 9A(3)).
Fee computation and rounding:
Implement the rounding rules in s 4F when converting fee units into dollar amounts. Apply the specified rounding thresholds (nearest 5 cents up to $100, nearest 10 cents for $100-$1,000) and retain calculation records for audit.
Recordkeeping and audit:
Maintain records of all forwards, received transcripts, payments or payment agreements, waiver applications and decisions, format choices, and checks for prohibiting orders. Record that copies were issued “even if the proceeding has ended” where applicable.
Transitional handling:
For requests made but not dealt with before the commencement of the 2023 amendments, apply the former part 2 division 1 and former schedule 1 as required by s 13. Maintain a separate register to identify these legacy requests.
For recorders
Contractual clarity:
Ensure the terms of the “relevant arrangement” under which you may charge a person are clear and publicly communicated. The regulation permits the recorder to charge in accordance with the relevant arrangement (s 4(3); s 4A(3)).
Payment and issuance process:
Before issuing a transcript, obtain payment or a written agreement to pay (s 4(4); s 4A(4)). Once paid or agreed, you must issue an electronic copy to the chief executive as soon as practicable (s 4(4)).
Evidence of issuance:
Provide the chief executive with proof of payment or agreement and a timestamped electronic copy. Retain your own records for any later disputes about fees or delivery.
Co‑operation with joint requests:
For joint requests in which two or more parties or their representatives have made a joint request, recognise that each party is entitled to receive a copy under s 4B(4). Coordinate pricing and delivery accordingly.
For requesters and legal representatives
Choosing the pathway:
If a recorder provides transcription services for the relevant proceeding, submit your initial request to the chief executive as required by the Act. The chief executive will forward it to a recorder (s 4(2); s 4A(2)). Expect to be charged by the recorder in accordance with the relevant arrangement (s 4(3); s 4A(3)).
If no recorder is engaged or the recorder pathway does not apply, you may request a copy directly from the chief executive and, if required, pay the fee set out in Schedule 1 via the chief executive (s 4C(2); s 4E).
Fee waiver applications:
If you are a party to a legal proceeding and claim financial hardship, prepare an application under s 7 with supporting documents (bank statements, pay slips, Centrelink statements) or obtain a written notice from a relevant legal service specifying that you meet its means test (s 7(2)(b)). Submit this evidence with your waiver application. Expect the chief executive to exercise discretion to waive all or part of the fee (s 7(3)).
Format preference:
If you prefer a printed copy, expressly request it; otherwise the chief executive will supply an electronic copy (s 4B(3); s 4C(3)).
Check for prohibiting orders:
Before requesting a copy, verify whether any Act or court or judicial officer has ordered that a copy must not be made available. If such an order exists, this division does not apply to your request (s 4H(1)-(2)).
Entitlement awareness:
Determine whether you fall within a class entitled to a free copy (defendant, victim, government assessor, industrial registry, entitled persons in death proceedings, authorised researcher). If so, indicate entitlement and any representative status in your request and provide proof where required (ss 8-11AA).
For legal services and legal aid providers
Provide clear written notices confirming a client meets your means test when representing a client (s 7(2)(b)). These notices are deemed evidence of financial hardship for waiver applications (s 7(4)), so establish a standard form and authorised signatory to expedite waiver processing.
System and policy design suggestions (operational compliance)
Create triage checklists to identify tribunal proceedings (Mental Health Review Tribunal), court orders prohibiting disclosure, and whether an existing transcript exists.
Define internal “as soon as practicable” target timeframes (e.g. receipt forwarded to recorder within x business days; copies delivered to requester within y business days) to reduce disputes over timeliness.
Automate fee calculations and rounding per s 4F to ensure consistent conversion of fee units to dollars.
Maintain a public guide for requesters and recorders detailing how to apply, expected formats, payment options and contact points, and the documentation required for hardship waivers and entitlement verification.
Retain comprehensive logs of forwards, transmissions, payments, waiver decisions and format choices to support transparency and to provide an evidentiary trail in the event of complaints or administrative review.
Following these operational steps will align processing with the regulation’s mandatory duties, discretionary waiver powers and the specific entitlements established for various classes of users.
Division pt.2-div.1Provision of copies to persons generally
(a) a person makes a request to the chief executive for a copy of a transcription of a record under the Act ; and
(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.
(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.
(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.
sec.4A Joint request for copy of transcription
sec.4A Joint request for copy of transcription
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.
The chief executive must give the request to a recorder as soon as practicable after receiving the request.
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.
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.
s 4A ins 2022 SL No. 79 s 145
sub 2023 SL No. 18 s 4
(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.
(sec.4A-ssec.2) The chief executive must give the request to a recorder as soon as practicable after receiving the request.
(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.
(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.
(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
(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.
(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.
(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.
sec.4B Giving copy of transcription requested under s 4 or 4A
sec.4B Giving copy of transcription requested under s 4 or 4A
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) .
The chief executive must give the copy of the transcription to the person as soon as practicable after receiving the transcription.
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.
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.
The chief executive must not charge a fee for giving a copy of the transcription under this section.
s 4 B ins 2023 SL No. 18 s 4
(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) .
(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.
(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.
(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.
(sec.4B-ssec.5) The chief executive must not charge a fee for giving a copy of the transcription under this section.
(a) a person requests a copy of a transcription of a record under the Act ; and
(b) a recorder issues a copy of the transcription, in electronic form, to the chief executive under section 4 (4) or 4A (4) .
(a) if the person requests the copy of the transcription to be given in printed form—in that form;
(b) otherwise—in electronic form.
sec.4C Request for copy of transcription in relation to which ss 4 and 4A do not apply
sec.4C Request for copy of transcription in relation to which ss 4 and 4A do not apply
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.
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.
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.
s 4C ins 2023 SL No. 18 s 4
(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.
(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.
(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.
(a) a person makes a request to the chief executive for a copy of a transcription of a record under the Act ; and
(b) sections 4 and 4A do not apply in relation to the request.
(a) if the person requests the copy of the transcription to be issued in printed form—in that form;
(b) otherwise—in electronic form.
sec.4D Request for copy of audio record
sec.4D Request for copy of audio record
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.
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.
s 4 D ins 2023 SL No. 18 s 4
(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.
(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.
(a) a person makes a request to the chief executive for a copy of an audio record; and
(b) a copy of the audio record is available in electronic form.
sec.4E Fees
sec.4E Fees
Schedule 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 .
s 4E ins 2023 SL No. 18 s 4
sec.4F Rounding of amounts expressed as numbers of fee units
sec.4F Rounding of amounts expressed as numbers of fee units
This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.
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.
s 4 F ins 2023 SL No. 18 s 4
amd 2023 SL No. 60 s 17 sch 1
(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.
(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.
(a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or
(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).
sec.4G Entitlement to copies at no or reduced cost
sec.4G Entitlement to copies at no or reduced cost
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 ).
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) .
s 4G ins 2023 SL No. 18 s 4
(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 ).
(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) .
(a) no cost; or
(b) a cost that is less than the amount that would otherwise be payable for the copy under this division (the reduced cost ).
sec.4H Orders of court or judicial person
sec.4H Orders of court or judicial person
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.
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 perso
This is an opening excerpt, not the complete document.