Court Information Act 2010

This Act is the Court Information Act 2010.

This Act commences on a day or days to be appointed by proclamation.

The objects of this Act are as follows—

to promote consistency in the provision of access to court information across NSW courts,

to provide for open access to the public to certain court information to promote transparency and a greater understanding of the justice system,

to provide for additional access to the media to certain court information to facilitate fair and accurate reporting of court proceedings,

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.

In this Act—

civil proceedings means any proceedings other than criminal proceedings.

conclusion of proceedings—see section 7.

court means each of the Supreme Court, Land and Environment Court, Industrial Court, District Court, Local Court and Children’s Court.

court information means information contained in a court record.

court officer includes any person employed in the Government Service to exercise functions in a court registry or other court office.

court record means any of the following records that a court has in its possession or custody (or that a court has in the possession or custody of some other person) in connection with the court’s judicial functions—

a record filed or tendered in the court by a party to proceedings before the court (including originating process to commence any such proceedings) or a record of or comprising written submissions made by a party to proceedings,

a record of any proceedings before the court (including a record of the dates on which proceedings are heard or to be heard and a record of the name of the judicial officer who heard or is officially listed to hear proceedings),

a record of judgment given and any directions given or orders made in proceedings before the court, including in connection with case management and listing of proceedings,

a record admitted into evidence by the court in connection with proceedings before the court.

criminal proceedings means proceedings against a person for an offence (whether summary or indictable), and includes the following—

committal proceedings,

proceedings relating to bail,

proceedings relating to sentence,

proceedings on an appeal against conviction or sentence.

criminal record of a person means a record of the offences for which the person has been convicted or of the offences in respect of which—

the person has paid a penalty notice, or

an order has been made against the person under section 10 (Dismissal of charges and conditional discharge of offender) of the Crimes (Sentencing Procedure) Act 1999.

open access information—see section 5.

personal identification information means any of the following information concerning a person—

tax file number,

social security number,

medicare number,

financial account numbers,

passport number,

personal telephone number,

date of birth (other than year of birth),

home address (other than suburb, city and State or Territory),

other information that can be used to establish a person’s identity and that is prescribed by the regulations as personal identification information for the purposes of this Act.

proceedings means civil or criminal proceedings.

record means any document or other source of information compiled, recorded or stored in written form, or by electronic process, or in any other manner or by any other means.

restricted access information—see section 6.

Note—

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

Note—

An entitlement to access to open access information under this Act is subject to other laws or court orders that prohibit or restrict the publication or disclosure of court information. See section 13.

Criminal proceedings Information contained in the following court records relating to criminal proceedings is open access information—

an indictment, court attendance notice or other document commencing proceedings,

written submissions made by a party to proceedings,

a police fact sheet, statement of facts or any similar document summarising the prosecution’s case, but not if the proceedings have been set down for trial by jury and have not concluded,

Note—

This information is restricted access information after proceedings have been set down for jury trial and during the trial. See section 6 (2) (d).

a transcript of proceedings in open court,

statements and affidavits admitted into evidence in proceedings, including expert reports,

a record of any judgment given and any direction given or order made in proceedings, including in connection with case management and court listing of proceedings and including a record of a conviction in criminal proceedings,

a record of the dates on which proceedings are heard or to be heard and a record of the name of the judicial officer who heard or is officially listed to hear proceedings,

such other records as may be prescribed by the regulations.

Civil proceedings Information contained in the following court records relating to civil proceedings is open access information—

originating process and pleadings in proceedings, but only after the stage in proceedings when the court first has an opportunity to consider any objection by the parties to the inclusion of any information in the originating process or pleadings (including in any cross-claim) or the proceedings have concluded, whichever happens first,

any notice filed by a party to proceedings,

written submissions made by a party to proceedings,

a transcript of proceedings in open court,

statements and affidavits admitted into evidence in proceedings, including expert reports,

a record of any judgment given and any direction given or order made in proceedings, including in connection with case management and court listing of proceedings,

a record of the dates on which proceedings are heard or to be heard and a record of the name of the judicial officer who heard or is officially listed to hear proceedings,

such other records as may be prescribed by the regulations.

Any court information that is not open access information is restricted access information.

In addition, the following information that would otherwise be open access information is restricted access information—

personal identification information,

information contained in an affidavit, pleading or statement that has been rejected, struck out or otherwise not admitted,

information contained in a transcript of, and statements and affidavits admitted into evidence (including expert reports) in, proceedings on a voire dire,

a police fact sheet, statement of facts or any similar document summarising the prosecution’s case in proceedings set down for trial by jury, but only after the proceedings have been set down for trial by jury and until the proceedings are concluded,

Note—

This information is open access information before the proceedings are set down for trial by jury and after the proceedings are concluded.

information contained in a statement that comprises a medical, psychiatric, psychological or pre-sentence report, except information contained or summarised in a judgment given or orders made in proceedings,

information contained in a statement of a person’s criminal record, except information contained or summarised in a judgment given or orders made in proceedings,

information contained in a transcript of, and statements and evidence admitted into evidence in, proceedings on an application to a court for an order to prohibit or restrict the publication or disclosure of information, but only while proceedings on the application are pending,

Note—

If the proceedings result in the making of an order prohibiting or restricting the publication or disclosure of information, section 13 may prevent access to the information.

information contained in a victim impact statement, other than information contained in a transcript of proceedings in open court or in a record of any judgment given or order made in proceedings,

information contained in a letter of comfort provided by or on behalf of the prosecution in connection with criminal proceedings, other than information contained in a transcript of proceedings in open court or in a record of any judgment given or order made in proceedings.

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. If an accused person convicted of an offence is to be sentenced, the proceedings are not concluded until sentence has been imposed.

The committal of an accused person for trial or sentence at the conclusion of committal proceedings is not the conclusion of the criminal proceedings of which the committal proceedings form part.

Proceedings in respect of bail are concluded when they are finally disposed of, including by being withdrawn, dismissed or discontinued.

An appeal against a decision in proceedings does not prevent the proceedings being regarded as concluded. Proceedings on the appeal are to be regarded as separate proceedings and a pending appeal does not prevent the decision appealed against constituting the conclusion of the earlier proceedings.

Any person is entitled to access to court information that is open access information unless the court otherwise orders in a particular case.

The court may in a particular case impose conditions on the way in which access to court information is to be provided under this section or that restrict the disclosure or use of court information to which access is provided under this section.

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.

In deciding whether to grant leave for access to information under this section, a court may take the following matters into account to the extent to which it considers them relevant—

the public interest in access to the information being provided,

the extent to which the principle of open justice will be adversely affected if access is not provided to the information,

the extent to which an individual’s privacy or safety will be compromised by providing access to the information,

the extent to which providing access to the information will adversely affect the administration of justice,

the extent of the person’s interest or involvement in the proceedings or other matter to which the information relates,

the reasons for which access is sought,

such other matters as the court considers relevant in the particular circumstances of the case.

A court can impose conditions on access granted by leave of the court under this section.

The regulations can impose conditions on access conferred by the regulations under this section.

Conditions imposed under this section by the court or the regulations can only relate to the way in which access is to be provided or restrict the disclosure or use of information to which access is provided.

A news media organisation is entitled to access to any of the following court information that is restricted access information unless the court otherwise orders in a particular case—

information contained in a transcript of proceedings in closed court,

information contained in a transcript of, and statements and affidavits admitted into evidence in, proceedings on a voire dire, but only after the conclusion of the proceedings in the course of which the voire dire proceedings are held,

information contained in a transcript of, and statements and evidence admitted into evidence in, proceedings on an application to a court for an order to prohibit or restrict the publication or disclosure of information,

Note—

Information in a court record referred to in paragraph (c) is restricted access information only during the proceedings. After the proceedings are concluded, the information will be open access information but entitlement to access will be subject to any order restricting or prohibiting publication or disclosure that results from the proceedings.

information contained in a court record if the only restricted access information the record contains is personal identification information,

information contained in the brief of evidence in criminal proceedings,

information contained in a record admitted into evidence that is a document in written form or that can readily be reproduced as a document in written form.

The court may in a particular case impose conditions on the way in which access to court information is to be provided under this section or that restrict the disclosure or use of court information to which access is provided under this section.

A news media organisation must not publish any personal identification information to which it obtains access under this section except with the permission of the court or of the person to whom the personal identification information relates.

Maximum penalty—250 penalty units.

The entitlement to access under this section is in addition to the entitlement to access to open access information.

In this section—

news media organisation means 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.

A party to proceedings and the party’s legal representative are entitled to access to any court information that relates to the proceedings unless the court otherwise orders in a particular case.

The court may in a particular case impose conditions on the way in which access to court information is to be provided under this section or that restrict the disclosure or use of court information to which access is provided under this section.

The entitlement to access under this section is in addition to the entitlement to access to open access information.

This section extends to proceedings that have been concluded.

Note—

See section 7 for the meaning of concluded.

This 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.