Attorney General Regulations Amendment (Electronic Processes) Regulations 2023 (WA)

14 March 2023 GOVERNMENT GAZETTE, WA 527

JU302

Criminal Injuries Compensation Act 2003

Criminal Procedure Act 2004

Attorney General Regulations Amendment

Amendment (Electronic Processes) Regulations 2023.

(Electronic Processes) Regulations 2023

SL 2023/19

Made by the deputy of the Governor in Executive Council.

Part 1 — Preliminary

1.   Citation

These regulations are the Attorney General Regulations

528 GOVERNMENT GAZETTE, WA 14 March 2023

2.            Commencement

These regulations come into operation as follows

(a) Part 1 on the day on which these regulations are

published in the Gazette;

(b) the rest of the regulations on the day after that day.

Part 2 - Criminal Injuries Compensation

Regulations 2003 amended

3.            Regulations amended

This Part amends the Criminal Injuries Compensation Regulations 2003.
4.	Regulation 4A inserted At the end of Part 2 insert:

4A.	Compensation application may be made and given electronically
For the purposes of section 11(1), a compensation application may be made and given to the Chief Assessor by means of the electronic case management system for the management of proceedings in Western Australian courts and tribunals.

Part 3 - Criminal Procedure Regulations 2005

amended

5.            Regulations amended

This Part amends the Criminal Procedure Regulations 2005.

6.            Regulation 26 amended

(1) Before regulation 26(1) insert:

(1A) In this regulation

produce electronically, in relation to a record or thing,
means to provide the record or thing, in a format

approved by the court, to the court

(a) by saving it to a CD-ROM, DVD or USB
device and

(i)     providing the CD-ROM, DVD or USB device to the court in person; or

(ii)     sending the CD-ROM, DVD or USB device to the court by post or courier;

14 March 2023 GOVERNMENT GAZETTE, WA 529

or

(b) by other electronic means approved by a
registrar.

(2)	Delete regulation 26(2) and insert:
(2) The witness may produce the record or thing

(a)	if the original record or thing is in electronic form by producing it electronically; or
(b)	otherwise by providing it to the court in person or sending it to the court by post or courier.

(3) After regulation 26(5) insert:

(5A) If the summons requires the production of a record and
does not require that the original record be produced,
the witness may comply with subregulation (2) or
(4)(b) by producing a copy of the record (whether in
electronic form or otherwise).

(4)	In regulation 26(6) delete "a registrar" and insert:
a court officer
Note: The heading to amended regulation 26 is to read:

Early compliance with summons to produce

7.            Schedule 1 Form 11 amended

In Schedule 1 Form 11:

(a) delete: 

Command	You are commanded to produce the records or things described below at the place, and on or before the date and time specified below.
Time and place to	Date:  Time:
produce record or	Court:
thing	Place:
Records or things	You must produce to the court the following:
to be produced	[Describe in reasonable detail each record or thing to be produced; on an attachment ifnecessaty.]

530 GOVERNMENT GAZETTE, WA 14 March 2023

and insert:

Command	You are commanded to produce the records or things described below on or before the date and at or before the time specified below.
Time to produce	Date:  Time:
record or thing	Court:
Records or things	You must produce to the court the following:
to be produced	[List the records or things and whether the original of any record is required. If insufficient space, attach list.]

(b) after the last row insert:

Notes

Production of	Unless this summons states that the original of a record is required,
copy of record	you may produce a copy of it instead.
instead of original record

V. MOLAN, Clerk of the Executive Council.