Commonwealth Numbered Regulations

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FEDERAL COURT (CRIMINAL PROCEEDINGS) RULES 2016 (F2016L01726) - RULE 1.20

Inspection of documents

             (1)  A party to criminal proceedings may inspect any document in the proceedings except:

                     (a)  a document for which a claim of privilege has been made but not decided by the Court; or

                     (b)  a document that the Court has decided is privileged; or

                     (c)  a document for which a claim of public interest immunity has been made but not decided by the Court; or

                     (d)  a document that the Court has decided is immune on the grounds of public interest; or

                     (e)  a document affected by the operation of the National Security Information (Criminal and Civil Proceedings) Act 2004 ; or

                      (f)  a document that the Court has ordered be confidential.

             (2)  A person who is not a party to criminal proceedings may inspect any of the following documents in the proceedings in the proper Registry:

                     (a)  an indictment or information;

                     (b)  a notice of address for service;

                     (c)  a notice of change of address for service;

                     (d)  an interlocutory application;

                     (e)  an order of the Court;

                      (f)  a notice of appeal;

                     (g)  a notice of change of lawyer;

                     (h)  a notice of ceasing to act;

                      (i)  reasons for judgment;

                      (j)  a transcript of a hearing heard in open Court.

             (3)  However, a person who is not a party to criminal proceedings is not entitled to inspect a document that the Court has ordered:

                     (a)  be confidential; or

                     (b)  is forbidden from, or restricted from publication to, the person or a class of persons of which the person is a member.

Note:          For the prohibition of the publication of evidence or of the name of a party or witness, see sections 37AF and 37AI of the Act.

             (4)  A person may apply to the Court for leave to inspect a document, or class of documents, that the person is not otherwise entitled to inspect.

             (5)  A person may be given a copy of a document, except a copy of the transcript in criminal proceedings, if the person:

                     (a)  is entitled to inspect the document; and

                     (b)  has paid the fee (if any) payable in accordance with the Federal Court and Federal Circuit Court Regulation 2012 .

Note:          If there is no order that a transcript be confidential, a person may, on payment of the applicable charge, obtain a copy of the transcript of criminal proceedings from the Court's transcript provider.



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