QLDIn ForceRegulation
Recording of Evidence Regulation 2018
sec.9Victim of personal offence
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### 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