Australian Capital Territory Numbered Regulations

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SUPREME COURT AMENDMENT RULES 2001 (NO 3) (2001 NO 48) - REG 11

Order 80, new rule 16

insert

16     Inspection of registry files

    (1)     During office hours, anyone may search the registry for, inspect, or take a copy of, any document filed in the registry in a criminal proceeding.

Note     A fee may be determined under the Act, s 37 (Fees and charges—determination) for this rule.

    (2)     However, a person who is not a party to a matter may search the registry for, inspect, or take a copy of, any of the following documents about the matter only with the court's leave:

        (a)     a judgment, order, transcript of a proceeding, or any other document, that the court has ordered to be kept confidential;

        (b)     an affidavit that has not been read in court;

        (c)     a part of an affidavit ruled to be inadmissible in evidence;

        (d)     an admission that has not been admitted into evidence;

        (e)     a subpoena, or a document filed with the registrar in answer to a subpoena for production of documents;

        (f)     a deposition taken before an examiner;

        (g)     a document filed in support of an application made in the absence of a party;

        (h)     a written submission that has not been read in court;

              (i)     an unsworn statement of evidence;

        (j)     a case statement filed by the prosecution until read in court;

        (k)     a questionnaire completed by the parties;

        (l)     a document that the registrar decides should be confidential to the parties to the matter in the interests of justice.

    (3)     Also, a party to a matter may search the registry for, inspect, or take a copy of, a subpoena issued at the request of another party only with the court's leave.

    (4)     Further, a party to a matter may search the registry for, inspect, or take a copy of, a document filed to support any of the following applications only with the court's leave:

        (a)     an application for a document, evidence or thing to be kept confidential;

        (b)     an application for a document or thing to be granted privilege from production.



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