South Australian Numbered Acts South Australian Numbered ActsSection 28A—delete the section and substitute:
28A—Special provisions in relation to publication of judicial decisions
(1) 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:
(a) 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
(b) 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.
(2)
Subsection (1)—
(a) 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
(b) does
not give rise to any privileges or immunities with respect to any subsequent
publication of the decision by a third party.
(3) In this
section—
"decision" means any judgment, decree, order, decision or ruling (whether
final or interlocutory), or a sentence, and includes—
(a)
reasons for decision; and
(b)
remarks made by a judicial officer in passing sentence;
"designated officer" means—
(a) in
relation to a court or tribunal that has a judicial head—the judicial
head of that court or tribunal;
(b) 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—
(a) the
Supreme Court; or
(b) the
District Court; or
(c) any
other court or tribunal of the State prescribed by the regulations.