Meaning of applicable court data
3A Meaning of applicable court data
For the purposes of this Act, applicable court data means any information that—
is held by an applicable court (including by a registry or other office of that court) in an electronic form; and
relates to applicable proceedings.
The applicable proceedings are proceedings in an applicable court that are—
criminal proceedings; or
proceedings with respect to bail; or
proceedings under—
the Family Violence Protection Act 2008; or
the Personal Safety Intervention Orders Act 2010; or
Part 5A of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (including investigations under Division 2 of that Part); or
Part 4A of the Sex Offenders Registration Act 2004.
Without limiting subsection (1)(b), information that relates to applicable proceedings includes—
information about (including the details of)—
an order made (including a sentence imposed); or
a judgment, direction or ruling given; or
reasons given; or
an undertaking given; or
an application made; or
a warrant or other process issued—
in or in relation to an applicable proceeding; and
information about a person who is a party to an applicable proceeding (whether or not the information is personal information or health information); and
Example
Information about the psychological health of an accused.
information about a person who is otherwise involved in an applicable proceeding (whether or not the information is personal information); and
Example
Information about a person who acts as an interpreter at an applicable proceeding.
statistical or aggregated information in relation to applicable proceedings.
However, applicable court data does not include—
a transcript or recording of a hearing in or in relation to an applicable proceeding; or
exhibits, evidence and submissions in an applicable proceeding; or
any other documents filed in an applicable proceeding (other than an application filed in the proceeding); or
information that discloses the deliberations of an applicable court or is otherwise subject to judicial privilege; or
health information about a person referred to in subsection (3)(c); or
information that relates to an applicable court more generally (rather than to applicable proceedings), including financial information about the administration of the court.
This Act’s bill:Explanatory memorandumSecond reading speech
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