Special provisions in relation to publication of judicial decisions
28A Special provisions in relation to publication of judicial decisions
The following provisions apply in respect of the publication on an
Internet site maintained by the Courts Administration Authority of a decision of a judicial officer of a prescribed court:
the Council, a member of the Council, the Administrator and the other members of the staff of the Council have, in respect of that publication, the same privileges and immunities as if the publication consisted of a delivery of the decision by a judicial officer in court; and
that publication is in all other respects to be treated as if the publication consisted of the delivery of the decision by a judicial officer in court.
Subsection (1)—
does not apply unless the decision published on the Internet site was released by the judicial officer who made the decision before its publication in accordance with the procedures approved by the designated officer for the prescribed court of which the judicial officer is a member;
and
does not give rise to any privileges or immunities with respect to any subsequent publication of the decision by a third party.
In this section—
decision means any judgment, decree, order, decision or ruling (whether final or interlocutory), or a sentence, and includes—
reasons for decision; and
remarks made by a judicial officer in passing sentence;
designated officer means—
in relation to a court or tribunal that has a judicial head—the judicial head of that court or tribunal;
in any other case—the Chief Justice;
judicial officer, in relation to a court or tribunal, means a person who alone, or together with others, constitutes the court or tribunal;
prescribed court means—
the Supreme Court; or
the District Court; or
any other court or tribunal of the State prescribed by the regulations.
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.