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Recording of Evidence Act 1962 – 23 September 2013

Recording of Evidence Regulation 2008 – 1 July 2015

Quick to view summary

All relevant matter in a legal proceeding is to be recorded. A ‘legal proceeding’ is defined in section 4 of the Act to include: any proceeding (whether civil or criminal) in or before any court, any proceeding before justices, and any proceeding before any court or person (including any inquiry, arbitration heard by the industrial commission, or examination) in which evidence is or may be given. ‘Relevant matter’ is defined in section 5 of the Act to mean: evidence given in the legal proceeding; and a ruling, direction, address, summing-up or other matter in the legal proceeding.

  • Sections 4, 4A, 5, 5C

Recordings/transcriptions made pursuant to this Act are to be made available, by purchase or otherwise, to any person. This rule does not apply where there is a court order to the contrary. Other exceptions may apply.

  • Sections 5B, 5C, 11B; Regulations 4, 6, 7, 8, 8A, 9, 10, Schedule 1

A record under this Act of a legal proceeding is to be received by a court or judicial person as evidence of anything recorded in the record. Note: A document purporting to be a transcription of a record under this Act may not be received as evidence to the extent the document is shown not to be an accurate transcription of the record.

  • Section 10
Reason for law

To make provision for the recording of legal proceedings. (Long title of Act)

Relevant links

Transcripts and recordings [Queensland Courts]
Transcripts and Recording contacts

Order a transcript or recording [Queensland Civil and Administrative Tribunal]

Auscript
Create order [on-line]
Queensland courts [forms]

Australasian Court Reporting Industry Association

Suggested case law

Police v Baden-Clay [2013] QMC 6

Critique

The section 4 definition of ‘transcription’ may be modernised.

In the absence of public knowledge, subsection 4B(2) may be considered for repeal.

Section 11A contains the phrase ‘ex parte’. This phrase may not be understood by members of the public.

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PLEASE NOTE: The information published on this webpage may be out-of-date. Please compare the currency date of the Act/Regulation against that published on the Office of the Queensland Parliamentary Counsel website. If you require access to Commonwealth statute law, please visit the ComLaw website. If you require access to the local council laws (by-laws), please visit the Local laws database.

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