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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Court Information Bill 2010
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to establish a new system for the provision of access to
information held by courts in New South Wales. The new system includes provision
for the following:
(a) open access to certain court information, known as open access information,
unless the court otherwise orders in a particular case,
(b) access to information, known as restricted access information (being
information that is not open access information) if access is permitted by leave
of the court or by the regulations,
(c) access by news media organisations to certain restricted access information,
(d) access by parties to proceedings to any court information relating to the
proceedings,
(e) the imposition of conditions on access to court information relating to the way
the information is provided or that restrict the disclosure or use of the
information,
(f) the protection of privacy and safety of participants in court proceedings,
including by limiting access to personal identification information,
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Court Information Bill 2010
Explanatory note
(g) the protection of court information from misuse and unauthorised access, use
or disclosure,
(h) methods of access to court information, including charging of fees for access.
Outline of provisions
Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.
Clause 3 sets out the objects of the proposed Act, which are as follows:
(a) to promote consistency in the provision of access to court information across
NSW courts,
(b) to provide for open access to the public to certain court information to promote
transparency and a greater understanding of the justice system,
(c) to provide for additional access to the media to certain court information to
facilitate fair and accurate reporting of court proceedings,
(d) to ensure that access to court information does not compromise the fair
conduct of court proceedings, the administration of justice or the privacy or
safety of participants in court proceedings, by restricting access to certain
court information.
Clause 4 defines certain words and expressions used in the proposed Act. Personal
identification information is defined to include information such as a person's tax
file number, passport number, social security number, medicare number and personal
telephone number.
Clause 5 provides for the types of court information that is open access information.
Open access information is information that any person is entitled to access, unless
the court otherwise orders in a particular case. Open access information includes the
following:
(a) in relation to criminal proceedings--indictments, court attendance notices,
police fact sheets and statements of facts,
(b) in relation to civil proceedings--originating processes and pleadings,
(c) written submissions made by a party in proceedings,
(d) transcripts of proceedings,
(e) statements and affidavits admitted into evidence, including expert reports,
(f) records of judgments and directions given in proceedings.
Clause 6 provides that court information that is not open access information is
restricted access information. Restricted access information is information that a
person is entitled to access only if permitted by leave of the court or by the
Explanatory note page 2
Court Information Bill 2010
Explanatory note
regulations made under the proposed Act. In addition, the provision specifies
information that would otherwise be open access information but that is to be
restricted access information, including:
(a) personal identification information,
(b) medical, psychiatric, psychological and pre-sentence reports,
(c) criminal records,
(d) victim impact statements,
(e) letters of comfort provided by the prosecution in connection with criminal
proceedings.
Clause 7 defines when proceedings are taken to be concluded for the purposes of the
proposed Act. Civil proceedings are concluded when judgment is given or entered in
the substantive proceedings or the substantive proceedings are withdrawn, dismissed
or discontinued. Criminal proceedings are concluded when the accused person is
discharged or acquitted or the court makes a finding (or accepts a plea) that the
accused person is guilty or when the accused person is sentenced. Proceedings on an
appeal against a decision are to be regarded as separate proceedings.
Part 2 Entitlement to access to court information
Clause 8 provides that a person is entitled to access to court information that is open
access information unless the court otherwise orders in a particular case. The court
can also impose conditions on access to open access information relating to the way
in which the information is provided or that restrict the disclosure or use of the
information to which access is provided.
Clause 9 provides that a person is entitled to access to court information that is
restricted access information if access is permitted by leave of the court or by the
regulations. When deciding whether to grant leave for access to restricted access
information, the court may take certain matters into account, including the following:
(a) the public interest in access to the information being provided,
(b) the extent to which the principle of open justice will be adversely affected if
access is not provided to the information,
(c) the extent to which an individual's privacy or safety will be compromised by
providing access to the information,
(d) the extent to which providing access to the information will adversely affect
the administration of justice.
A court may impose conditions on access to restricted access information granted by
leave of the court and the regulations may impose conditions on access to restricted
access information conferred by the regulations, but only conditions that relate to the
way in which the information is provided or that restrict the disclosure or use of the
information to which access is provided.
Explanatory note page 3
Court Information Bill 2010
Explanatory note
Clause 10 provides for a news media organisation to have access to certain court
information that is restricted access information (in addition to access to open access
information) unless the court orders otherwise in a particular case, including the
following:
(a) transcripts of proceedings in closed court or proceedings on a voire dire,
(b) transcripts of and evidence in proceedings on an application to a court for an
order to prohibit or restrict the publication or disclosure of information,
(c) the brief of evidence in criminal proceedings.
It will be an offence with a maximum penalty of 250 penalty units for a news media
organisation to publish any personal identification information except with the
permission of the court or the person to whom the information relates.
A news media organisation is defined to mean a commercial enterprise that engages
in the business of broadcasting or publishing news or a public broadcasting service
that engages in the dissemination of news through a public news medium.
Clause 11 provides that a party to proceedings and the party's legal representative
are entitled to access any court information (in addition to open access information)
that relates to the proceedings unless the court orders otherwise in a particular case.
A court that makes an order under the proposed section may impose conditions on
access but only conditions that relate to the way in which the information is provided
or that restrict the disclosure or use of the information to which access is provided.
Clause 12 provides that the proposed Act is not intended to prevent or otherwise
interfere with the giving of access to court information as permitted or required by or
under any other Act or law that entitles a person to access to court information.
Clause 13 provides that there is no entitlement to access to court information under
the proposed Act if providing that access would contravene a court order or a
provision of another Act or law.
Part 3 How access to court information is provided
Clause 14 specifies the methods by which a person can be provided with access to
court information, including:
(a) by being given a reasonable opportunity to inspect the information,
(b) by being provided with a copy of a court record that contains the information,
(c) by any means provided for by the rules.
A court may refuse to provide access to court information in a particular case if
providing access would require an unreasonable diversion of the court's resources or
it is necessary to refuse access to ensure the safe custody and proper preservation of
court records.
Clause 15 provides for the charging of fees for providing access to court
information.
Explanatory note page 4
Court Information Bill 2010
Explanatory note
Part 4 Privacy protection
Clause 16 provides that the Privacy and Personal Information Protection Act 1998
and the Health Records and Information Privacy Act 2002 do not apply to the
providing of access to court information under the proposed Act.
Clause 17 requires each court to publish on its website or by other appropriate means
general information that promotes awareness of the potential for information
provided by a party to proceedings to be accessed by other persons under the
proposed Act and the court's practices and procedures for preventing or limiting
access to personal information.
Clause 18 requires a court to ensure, to the maximum extent reasonably practicable,
that court records that contain open access information do not contain personal
identification information.
Part 5 Protection of court information
Clause 19 requires a court to take reasonable security safeguards to ensure court
information is protected against misuse and unauthorised access, use or disclosure.
Clause 20 makes it an offence (with a maximum penalty of 100 penalty units or
2 years imprisonment or both) for a person to disclose or use court information
obtained in the exercise of the person's functions as a court officer or in the execution
or administration of the proposed Act, except with the consent of the person from
whom the information was obtained, in the exercise of those functions or in the
execution or administration of the proposed Act, as authorised by the regulations or
as otherwise authorised or required by law.
Clause 21 makes it an offence (with a maximum penalty of 100 penalty units) for a
person who is provided with access to court information under the proposed Act to
disclose or use the information for a purpose or in a manner that the person knows is
contrary to any condition imposed by a court or the regulations on the person's access
to the information.
Part 6 Miscellaneous
Clause 22 enables a senior judicial officer of a court to delegate functions of the
court under the proposed Act to registrars or other officers of the court.
Clause 23 provides that an action for defamation or breach of confidence cannot be
brought against the Crown, a court or a court officer in respect of the disclosure of
court information pursuant to an entitlement under the proposed Act.
Clause 24 protects persons involved in the administration of the proposed Act
acting in good faith from personal liability.
Clause 25 enables the Uniform Rules Committee under the Civil Procedure Act
2005 to make rules for the purposes of the proposed Act.
Explanatory note page 5
Court Information Bill 2010
Explanatory note
Clause 26 enables the Governor the make regulations for the purposes of the
proposed Act.
Clause 27 provides that proceedings under the proposed Act are to be dealt with
summarily before the Local Court.
Clause 28 provides for the review of the proposed Act in 2 years.
Schedule 1 Savings, transitional and other
provisions
Schedule 1 enables regulations of a savings or transitional nature to be made and
contains a transitional provision consequent on the enactment of the proposed Act.
Schedule 2 Amendments
Schedule 2 amends the legislation specified in the Schedule as a consequence of the
enactment of the proposed Act.
Explanatory note page 6
First print
New South Wales
Court Information Bill 2010
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects 2
4 Definitions 2
5 Open access information 4
6 Restricted access information 5
7 Conclusion of proceedings 6
Part 2 Entitlement to access to court information
8 Access to open access information 7
9 Access to restricted access information 7
10 News media access to restricted access information 8
11 Access to court information by party to proceedings 9
12 Access under other laws 9
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Court Information Bill 2010
Contents
Page
13 Restrictions on access--court orders and other laws 9
Part 3 How access to court information is provided
14 Methods of providing access 10
15 Charging of fees for access 10
Part 4 Privacy protection
16 Application of privacy laws 11
17 Courts to publicise privacy protection measures 11
18 Personal identification information 11
Part 5 Protection of court information
19 Security of court information 12
20 Unauthorised disclosure and use of court information 12
21 Conditions of access to court information 12
Part 6 Miscellaneous
22 Exercise of functions by court officers 13
23 Protection in respect of disclosure of court information 13
24 Personal liability 13
25 Rules of court 14
26 Regulations 14
27 Nature of proceedings for offences 14
28 Review of Act 14
Schedule 1 Savings, transitional and other provisions 15
Schedule 2 Amendments 16
Contents page 2
New South Wales
Court Information Bill 2010
No , 2010
A Bill for
An Act to make provision for access to information held by courts.
Clause 1 Court Information Bill 2010
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Court Information Act 2010. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Objects 7
The objects of this Act are as follows: 8
(a) to promote consistency in the provision of access to court 9
information across NSW courts, 10
(b) to provide for open access to the public to certain court 11
information to promote transparency and a greater understanding 12
of the justice system, 13
(c) to provide for additional access to the media to certain court 14
information to facilitate fair and accurate reporting of court 15
proceedings, 16
(d) to ensure that access to court information does not compromise 17
the fair conduct of court proceedings, the administration of 18
justice, or the privacy or safety of participants in court 19
proceedings, by restricting access to certain court information. 20
4 Definitions 21
(1) In this Act: 22
civil proceedings means any proceedings other than criminal 23
proceedings. 24
conclusion of proceedings--see section 7. 25
court means each of the Supreme Court, Land and Environment Court, 26
Industrial Court, District Court, Local Court and Children's Court. 27
court information means information contained in a court record. 28
court officer includes any person employed in the Government Service 29
to exercise functions in a court registry or other court office. 30
court record means any of the following records that a court has in its 31
possession or custody (or that a court has in the possession or custody 32
of some other person) in connection with the court's judicial functions: 33
(a) a record filed or tendered in the court by a party to proceedings 34
before the court (including originating process to commence any 35
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Court Information Bill 2010 Clause 4
Preliminary Part 1
such proceedings) or a record of or comprising written 1
submissions made by a party to proceedings, 2
(b) a record of any proceedings before the court (including a record 3
of the dates on which proceedings are heard or to be heard and a 4
record of the name of the judicial officer who heard or is 5
officially listed to hear proceedings), 6
(c) a record of judgment given and any directions given or orders 7
made in proceedings before the court, including in connection 8
with case management and listing of proceedings, 9
(d) a record admitted into evidence by the court in connection with 10
proceedings before the court. 11
criminal proceedings means proceedings against a person for an 12
offence (whether summary or indictable), and includes the following: 13
(a) committal proceedings, 14
(b) proceedings relating to bail, 15
(c) proceedings relating to sentence, 16
(d) proceedings on an appeal against conviction or sentence. 17
criminal record of a person means a record of the offences for which 18
the person has been convicted or of the offences in respect of which: 19
(a) the person has paid a penalty notice, or 20
(b) an order has been made against the person under section 10 21
(Dismissal of charges and conditional discharge of offender) of 22
the Crimes (Sentencing Procedure) Act 1999. 23
open access information--see section 5. 24
personal identification information means any of the following 25
information concerning a person: 26
(a) tax file number, 27
(b) social security number, 28
(c) medicare number, 29
(d) financial account numbers, 30
(e) passport number, 31
(f) personal telephone number, 32
(g) date of birth (other than year of birth), 33
(h) home address (other than suburb, city and State or Territory), 34
(i) other information that can be used to establish a person's identity 35
and that is prescribed by the regulations as personal identification 36
information for the purposes of this Act. 37
proceedings means civil or criminal proceedings. 38
Page 3
Clause 5 Court Information Bill 2010
Part 1 Preliminary
record means any document or other source of information compiled, 1
recorded or stored in written form, or by electronic process, or in any 2
other manner or by any other means. 3
restricted access information--see section 6. 4
(2) Notes included in this Act do not form part of this Act. 5
5 Open access information 6
Note. An entitlement to access to open access information under this Act is 7
subject to other laws or court orders that prohibit or restrict the publication or 8
disclosure of court information. See section 13. 9
(1) Criminal proceedings 10
Information contained in the following court records relating to 11
criminal proceedings is open access information: 12
(a) an indictment, court attendance notice or other document 13
commencing proceedings, 14
(b) written submissions made by a party to proceedings, 15
(c) a police fact sheet, statement of facts or any similar document 16
summarising the prosecution's case, but not if the proceedings 17
have been set down for trial by jury and have not concluded, 18
Note. This information is restricted access information after proceedings 19
have been set down for jury trial and during the trial. See 20
section 6 (2) (d). 21
(d) a transcript of proceedings in open court, 22
(e) statements and affidavits admitted into evidence in proceedings, 23
including expert reports, 24
(f) a record of any judgment given and any direction given or order 25
made in proceedings, including in connection with case 26
management and court listing of proceedings and including a 27
record of a conviction in criminal proceedings, 28
(g) a record of the dates on which proceedings are heard or to be 29
heard and a record of the name of the judicial officer who heard 30
or is officially listed to hear proceedings, 31
(h) such other records as may be prescribed by the regulations. 32
(2) Civil proceedings 33
Information contained in the following court records relating to civil 34
proceedings is open access information: 35
(a) originating process and pleadings in proceedings, but only after 36
the stage in the proceedings when the court has first had an 37
opportunity to consider the originating process or pleadings 38
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Court Information Bill 2010 Clause 6
Preliminary Part 1
(including in any cross-claim) or the proceedings have 1
concluded, whichever happens first, 2
(b) any notice filed by a party to proceedings, 3
(c) written submissions made by a party to proceedings, 4
(d) a transcript of proceedings in open court, 5
(e) statements and affidavits admitted into evidence in proceedings, 6
including expert reports, 7
(f) a record of any judgment given and any direction given or order 8
made in proceedings, including in connection with case 9
management and court listing of proceedings, 10
(g) a record of the dates on which proceedings are heard or to be 11
heard and a record of the name of the judicial officer who heard 12
or is officially listed to hear proceedings, 13
(h) such other records as may be prescribed by the regulations. 14
6 Restricted access information 15
(1) Any court information that is not open access information is restricted 16
access information. 17
(2) In addition, the following information that would otherwise be open 18
access information is restricted access information: 19
(a) personal identification information, 20
(b) information contained in an affidavit, pleading or statement that 21
has been rejected, struck out or otherwise not admitted, 22
(c) information contained in a transcript of, and statements and 23
affidavits admitted into evidence (including expert reports) in, 24
proceedings on a voire dire, 25
(d) a police fact sheet, statement of facts or any similar document 26
summarising the prosecution's case in proceedings set down for 27
trial by jury, but only after the proceedings have been set down 28
for trial by jury and until the proceedings are concluded, 29
Note. This information is open access information before the 30
proceedings are set down for trial by jury and after the proceedings are 31
concluded. 32
(e) information contained in a statement that comprises a medical, 33
psychiatric, psychological or pre-sentence report, except 34
information contained or summarised in a judgment given or 35
orders made in proceedings, 36
(f) information contained in a statement of a person's criminal 37
record, except information contained or summarised in a 38
judgment given or orders made in proceedings, 39
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Clause 7 Court Information Bill 2010
Part 1 Preliminary
(g) information contained in a transcript of, and statements and 1
evidence admitted into evidence in, proceedings on an 2
application to a court for an order to prohibit or restrict the 3
publication or disclosure of information, but only while 4
proceedings on the application are pending, 5
Note. If the proceedings result in the making of an order prohibiting or 6
restricting the publication or disclosure of information, section 13 may 7
prevent access to the information. 8
(h) information contained in a victim impact statement, other than 9
information contained in a transcript of proceedings in open court 10
or in a record of any judgment given or order made in 11
proceedings, 12
(i) information contained in a letter of comfort provided by or on 13
behalf of the prosecution in connection with criminal 14
proceedings, other than information contained in a transcript of 15
proceedings in open court or in a record of any judgment given or 16
order made in proceedings. 17
7 Conclusion of proceedings 18
(1) Civil proceedings are concluded when judgment is given or entered in 19
the substantive proceedings or the substantive proceedings are 20
withdrawn, dismissed or discontinued. 21
(2) Criminal proceedings are concluded when the accused person is 22
discharged or acquitted or the court makes a finding (or accepts a plea) 23
that the accused person is guilty. If an accused person convicted of an 24
offence is to be sentenced, the proceedings are not concluded until 25
sentence has been imposed. 26
(3) The committal of an accused person for trial or sentence at the 27
conclusion of committal proceedings is not the conclusion of the 28
criminal proceedings of which the committal proceedings form part. 29
(4) Proceedings in respect of bail are concluded when they are finally 30
disposed of, including by being withdrawn, dismissed or discontinued. 31
(5) An appeal against a decision in proceedings does not prevent the 32
proceedings being regarded as concluded. Proceedings on the appeal are 33
to be regarded as separate proceedings and a pending appeal does not 34
prevent the decision appealed against constituting the conclusion of the 35
earlier proceedings. 36
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Court Information Bill 2010 Clause 8
Entitlement to access to court information Part 2
Part 2 Entitlement to access to court information 1
Note. An entitlement to access to court information under this Act is subject to other laws or 2
court orders that prohibit or restrict the publication or disclosure of court information. See 3
section 13. 4
This Act applies only to the providing of access to court information by courts. It does not 5
prevent prosecuting authorities or a party to proceedings from giving access to documentary 6
or physical exhibits returned at the conclusion of proceedings. 7
8 Access to open access information 8
(1) Any person is entitled to access to court information that is open access 9
information unless the court otherwise orders in a particular case. 10
(2) The court may in a particular case impose conditions on the way in 11
which access to court information is to be provided under this section or 12
that restrict the disclosure or use of court information to which access is 13
provided under this section. 14
9 Access to restricted access information 15
(1) A person is entitled to access to court information that is restricted 16
access information if access is permitted: 17
(a) by leave of the court, or 18
(b) by the regulations. 19
(2) In deciding whether to grant leave for access to information under this 20
section, a court may take the following matters into account to the 21
extent to which it considers them relevant: 22
(a) the public interest in access to the information being provided, 23
(b) the extent to which the principle of open justice will be adversely 24
affected if access is not provided to the information, 25
(c) the extent to which an individual's privacy or safety will be 26
compromised by providing access to the information, 27
(d) the extent to which providing access to the information will 28
adversely affect the administration of justice, 29
(e) the extent of the person's interest or involvement in the 30
proceedings or other matter to which the information relates, 31
(f) the reasons for which access is sought, 32
(g) such other matters as the court considers relevant in the particular 33
circumstances of the case. 34
(3) A court can impose conditions on access granted by leave of the court 35
under this section. 36
(4) The regulations can impose conditions on access conferred by the 37
regulations under this section. 38
Page 7
Clause 10 Court Information Bill 2010
Part 2 Entitlement to access to court information
(5) Conditions imposed under this section by the court or the regulations 1
can only relate to the way in which access is to be provided or restrict 2
the disclosure or use of information to which access is provided. 3
10 News media access to restricted access information 4
(1) A news media organisation is entitled to access to any of the following 5
court information that is restricted access information unless the court 6
otherwise orders in a particular case: 7
(a) information contained in a transcript of proceedings in closed 8
court, 9
(b) information contained in a transcript of, and statements and 10
affidavits admitted into evidence in, proceedings on a voire dire, 11
but only after the conclusion of the proceedings in the course of 12
which the voire dire proceedings are held, 13
(c) information contained in a transcript of, and statements and 14
evidence admitted into evidence in, proceedings on an 15
application to a court for an order to prohibit or restrict the 16
publication or disclosure of information, 17
Note. Information in a court record referred to in paragraph (c) is 18
restricted access information only during the proceedings. After the 19
proceedings are concluded, the information will be open access 20
information but entitlement to access will be subject to any order 21
restricting or prohibiting publication or disclosure that results from the 22
proceedings. 23
(d) information contained in a court record if the only restricted 24
access information the record contains is personal identification 25
information, 26
(e) information contained in the brief of evidence in criminal 27
proceedings, 28
(f) information contained in a record admitted into evidence that is a 29
document in written form or that can readily be reproduced as a 30
document in written form. 31
(2) The court may in a particular case impose conditions on the way in 32
which access to court information is to be provided under this section or 33
that restrict the disclosure or use of court information to which access is 34
provided under this section. 35
(3) A news media organisation must not publish any personal identification 36
information to which it obtains access under this section except with the 37
permission of the court or of the person to whom the personal 38
identification information relates. 39
Maximum penalty: 250 penalty units. 40
Page 8
Court Information Bill 2010 Clause 11
Entitlement to access to court information Part 2
(4) The entitlement to access under this section is in addition to the 1
entitlement to access to open access information. 2
(5) In this section: 3
news media organisation means a commercial enterprise that engages 4
in the business of broadcasting or publishing news or a public 5
broadcasting service that engages in the dissemination of news through 6
a public news medium. 7
11 Access to court information by party to proceedings 8
(1) A party to proceedings and the party's legal representative are entitled 9
to access to any court information that relates to the proceedings unless 10
the court otherwise orders in a particular case. 11
(2) The court may in a particular case impose conditions on the way in 12
which access to court information is to be provided under this section or 13
that restrict the disclosure or use of court information to which access is 14
provided under this section. 15
(3) The entitlement to access under this section is in addition to the 16
entitlement to access to open access information. 17
(4) This section extends to proceedings that have been concluded. 18
Note. See section 7 for the meaning of concluded. 19
12 Access under other laws 20
This Act is not intended to prevent or otherwise interfere with the giving 21
of access to court information as permitted or required by or under any 22
other Act or law that entitles a person to access to court information. 23
13 Restrictions on access--court orders and other laws 24
There is no entitlement to access to court information under this Act if 25
providing that access would contravene: 26
(a) any order of a court that prohibits or restricts the publication or 27
disclosure of information, or 28
(b) any provision made by or under any other Act or law that 29
prohibits or restricts the publication or disclosure of information. 30
Page 9
Clause 14 Court Information Bill 2010
Part 3 How access to court information is provided
Part 3 How access to court information is provided 1
14 Methods of providing access 2
(1) A person who is entitled under this Act to access to court information 3
can be provided with that access in any of the following ways: 4
(a) by being given a reasonable opportunity to inspect a court record 5
(or a copy of a court record) that contains the information, 6
(b) by being provided with a copy of a court record that contains the 7
information, 8
(c) by any means provided for by the rules, 9
(d) by any other means that the court considers to be appropriate in a 10
particular case. 11
(2) In deciding how access to court information is to be provided to a 12
person, the court is to consider any preference that the person expresses 13
as to how access is to be provided. 14
(3) The court can impose reasonable conditions on the provision of access 15
for the purpose of ensuring the safe custody and proper preservation of 16
court records. 17
(4) The court may refuse to provide access to court information in a 18
particular case if: 19
(a) providing access would require an unreasonable diversion of the 20
court's resources, or 21
(b) it is necessary to refuse access to ensure the safe custody and 22
proper preservation of court records (but only if this cannot be 23
ensured by the imposition of reasonable conditions on the 24
provision of access). 25
15 Charging of fees for access 26
(1) A fee can be charged for providing access to court information under 27
this Act. 28
(2) Regulations under this Act or the Civil Procedure Act 2005 may make 29
provision for or with respect to the charging of fees for the provision of 30
access to court information under this Act, including provision for or 31
with respect to: 32
(a) the maximum fees that may be charged for providing access, and 33
(b) the waiver, reduction or refund of any fee payable or paid for 34
providing access. 35
Page 10
Court Information Bill 2010 Clause 16
Privacy protection Part 4
Part 4 Privacy protection 1
16 Application of privacy laws 2
The Privacy and Personal Information Protection Act 1998 and the 3
Health Records and Information Privacy Act 2002 do not apply to the 4
providing of access to court information pursuant to an entitlement 5
arising under this Act. 6
17 Courts to publicise privacy protection measures 7
Each court is to publish on its website, or by other appropriate means, 8
general information that promotes awareness of the potential for 9
information provided by a party to proceedings to be accessed by other 10
persons pursuant to an entitlement under this Act and the court's 11
practices and procedures for preventing or limiting access to personal 12
information. 13
18 Personal identification information 14
(1) For the purpose of facilitating access to court records, a court must 15
ensure to the maximum extent reasonably practicable that court records 16
that contain open access information do not contain personal 17
identification information. 18
(2) For that purpose, the rules may make provision for or with respect to: 19
(a) the providing of access to open access information contained in a 20
court record by providing access to a copy of the record from 21
which personal identification information has been deleted or 22
removed, and 23
(b) the filing or tendering of court records that have had personal 24
identification information deleted or removed from the record or 25
contained in a separate record. 26
Page 11
Clause 19 Court Information Bill 2010
Part 5 Protection of court information
Part 5 Protection of court information 1
19 Security of court information 2
A court must take such security safeguards as are reasonable in the 3
circumstances to ensure that the court information contained in court 4
records is protected against misuse and unauthorised access, use or 5
disclosure. 6
20 Unauthorised disclosure and use of court information 7
(1) A person must not disclose or use court information obtained in the 8
exercise of the person's functions as a court officer or in the execution 9
or administration of this Act except: 10
(a) with the consent of the person from whom the information was 11
obtained, or 12
(b) in the exercise of those functions or in the execution or 13
administration of this Act, or 14
(c) as authorised by the regulations, or 15
(d) as otherwise authorised or required by law. 16
(2) A person must not induce or attempt to induce another person to 17
disclose or use court information in contravention of subsection (1). 18
(3) If a court officer discloses court information by providing access to the 19
information and believes in good faith when providing access to the 20
information that this Act permits or requires that access to be provided, 21
the officer is deemed to have disclosed the information in the execution 22
of this Act. 23
Maximum penalty: 100 penalty units or imprisonment for 2 years, or 24
both. 25
21 Conditions of access to court information 26
(1) A person who is provided with access to court information pursuant to 27
an entitlement under this Act must not disclose or use the information 28
for a purpose or in a manner that the person knows is contrary to any 29
condition of access. 30
(2) A condition of access is a condition imposed by the court or by the 31
regulations that restricts the disclosure or use of court information to 32
which access is provided pursuant to an entitlement under this Act. 33
Maximum penalty: 100 penalty units. 34
Page 12
Court Information Bill 2010 Clause 22
Miscellaneous Part 6
Part 6 Miscellaneous 1
22 Exercise of functions by court officers 2
(1) The senior judicial officer of a court may, by instrument in writing: 3
(a) direct that any function of the court under this Act may be 4
exercised by such registrars or other officers of the court, and in 5
such circumstances and subject to such conditions, as are 6
specified in the instrument, and 7
(b) vary or revoke any such instrument. 8
(2) Without limiting any other functions he or she may exercise, a registrar 9
or other officer of a court may exercise any function conferred on such 10
an officer by the rules. 11
(3) This section does not limit any provision of the Act by which a court is 12
constituted with respect to the exercise of the court's functions. 13
23 Protection in respect of disclosure of court information 14
(1) If court information is disclosed pursuant to an entitlement under this 15
Act: 16
(a) no action for defamation or breach of confidence lies against the 17
Crown, a court or a court officer by reason of the disclosure of the 18
information, and 19
(b) no action for defamation or breach of confidence in respect of any 20
publication involved in, or resulting from, the disclosure of the 21
information lies against the author of a record containing the 22
information or any other person by reason of the author or other 23
person having supplied the record to a court, and 24
(c) neither the person by whom the disclosure is made nor any other 25
person concerned in disclosing the information is guilty of an 26
offence merely because of the disclosing of the information. 27
(2) The giving of access to court information pursuant to an entitlement 28
under this Act does not constitute, for the purposes of the law relating 29
to defamation or breach of confidence, an authorisation or approval of 30
the publication of a record containing the information or its contents by 31
the person to whom access to the information is given. 32
24 Personal liability 33
No matter or thing done by a court officer, or by any person acting under 34
the direction of a court officer, if the matter or thing was done in good 35
faith for the purposes of executing this Act, subjects the court officer or 36
person so acting, personally to any action, liability, claim or demand. 37
Page 13
Clause 25 Court Information Bill 2010
Part 6 Miscellaneous
25 Rules of court 1
(1) The Uniform Rules Committee under the Civil Procedure Act 2005 may 2
make rules, not inconsistent with this Act, for or with respect to any 3
matter that by this Act is required or permitted to be prescribed by rules 4
or that is necessary or convenient to be prescribed by rules for carrying 5
out or giving effect to this Act. 6
(2) In particular, the rules may make provision for or with respect to the 7
following matters: 8
(a) the practice and procedure to be followed in respect of 9
proceedings under this Act and any matters incidental to or 10
relating to that practice and procedure, 11
(b) the procedure for applying for access to court information under 12
this Act, 13
(c) the means by which access can be provided to court information 14
under this Act, 15
(d) the duties of registrars and other officers of a court in relation to 16
or for the purpose of the operation of this Act, 17
(e) the forms to be used in connection with the operation of this Act. 18
(3) Rules made by the Uniform Rules Committee for the purposes of this 19
Act are to form part of the rules made by that Committee under the Civil 20
Procedure Act 2005. 21
26 Regulations 22
The Governor may make regulations, not inconsistent with this Act, for 23
or with respect to any matter that by this Act is required or permitted to 24
be prescribed by regulation or that is necessary or convenient to be 25
prescribed by regulation for carrying out or giving effect to this Act. 26
27 Nature of proceedings for offences 27
Proceedings for an offence under this Act may be dealt with summarily 28
before the Local Court. 29
28 Review of Act 30
(1) The Minister is to review this Act to determine whether the policy 31
objectives of the Act remain valid and whether the terms of the Act 32
remain appropriate for securing those objectives. 33
(2) The review is to be undertaken as soon as possible after the period of 34
2 years from the date of assent to this Act. 35
(3) A report on the outcome of the review is to be tabled in each House of 36
Parliament within 12 months after the end of the period of 2 years. 37
Page 14
Court Information Bill 2010
Savings, transitional and other provisions Schedule 1
Schedule 1 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication on the NSW legislation website, 11
the provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Part 2 Provisions consequent on enactment of this 19
Act 20
2 Redaction of personal identification information 21
Section 18 (Personal identification information) does not apply in 22
respect of a court record created before the commencement of that 23
section. 24
Page 15
Court Information Bill 2010
Schedule 2 Amendments
Schedule 2 Amendments 1
2.1 Criminal Procedure Act 1986 No 209 2
Section 314 Media access to court documents 3
Omit the section. 4
2.2 Local Court Rules 2009 5
Rule 8.10 Copies of court records 6
Omit the rule. 7
2.3 Uniform Civil Procedure Rules 2005 8
[1] Rule 36.12 Registrar to furnish copies of judgments and other 9
documents 10
Omit rule 36.12 (2). 11
[2] Rule 36.12 (3) 12
Omit "Despite subrules (1) and (2)". Insert instead "Despite subrule (1)". 13
Page 16
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