Recording of Evidence Regulation 2018

This regulation may be cited as the Recording of Evidence Regulation 2018.

This regulation commences on 2 September 2018.

The dictionary in schedule 2 defines particular words used in this regulation.

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.

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.

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.

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.

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.

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.

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.

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).

Example—

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.

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).