Commonwealth Consolidated Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 15.13

  (1)   The following persons may search the court record relating to a proceeding, and inspect and copy a document forming part of the court record:

  (a)   the Attorney - General;

  (b)   a party, a lawyer for a party, or an independent children's lawyer, in the proceeding;

  (c)   if the proceeding affects, or may affect, the welfare of a child:

  (i)   a child welfare officer of a State or Territory; or

  (ii)   with the leave of the court, a police officer of a State or Territory;

  (d)   with the permission of the court, a person with a proper interest:

  (i)   in the proceeding; or

  (ii)   in information obtainable from the court record in the proceeding;

  (e)   with the permission of the court, a person researching the court record relating to the proceeding.

  (2)   An arbitrator conducting an arbitration relating to a proceeding may search the court record relating to the proceeding, and inspect and copy a document forming part of the court record.

  (3)   The parts of the court record that may be searched, inspected and copied in accordance with subrule (1) or (2) are:

  (a)   court documents; and

  (b)   with the permission of the court, any other part of the court record.

  (4)   A permission:

  (a)   for the purposes of paragraphs   (1)(d) and (e) and (3)(b), may include conditions, including a requirement for consent from a person, or a person in a class of persons, referred to in the court record; and

  (b)   for the purposes of paragraph   (1)(e)--must specify the research to which it applies.

  (5)   In considering whether to give permission under this rule, the court must consider the following matters:

  (a)   the purpose for which access is sought;

  (b)   whether the access sought is reasonable for that purpose;

  (c)   the need for security of court personnel, parties, children and witnesses;

  (d)   any limits or conditions that should be imposed on access to, or use of, the court record.

  (6)   In this rule:

"court document" includes a document filed in a proceeding, but does not include correspondence or a transcript forming part of the court record.

Note 1:   Sections   114Q and 114R of the Family Law Act restrict the publication of court proceedings. Section   114S of the Family Law Act sets out when a communication is not a communication to the public.

Note 2:   Access to court records may be affected by the National Security Information (Criminal and Civil Proceedings) Act 2004 .