Victorian Numbered Acts

JUSTICE LEGISLATION AMENDMENT (SYSTEM ENHANCEMENTS AND OTHER MATTERS) ACT 2021 (NO. 11 OF 2021) - SECT 110

After section 8 of the Open Courts Act 2013 insert —

        " 8A     Handing down and delivering judgments by electronic communication does not contravene rules of law relating to open justice

    (1)     A court or tribunal does not contravene any rule of law relating to open justice if, instead of handing down or delivering a judgment in a court room or hearing room that is open to the public, the court or tribunal—

        (a)     gives the parties notice that the judgment is to be handed down or delivered as described in paragraphs (b) and (c); and

        (b)     sends the judgment to the parties by electronic communication; and

        (c)     makes the judgment available to—

              (i)     the public generally; or

              (ii)     a member of the public on request.

    (2)     Nothing in subsection (1) permits the publication of information in connection with a proceeding if that publication is contrary to a prohibition or restriction imposed by or under this Act or any other Act.

    (3)     In this section—

"judgment" includes the following—

        (a)     reasons;

        (b)     an order (including a final order);

        (c)     a ruling;

        (d)     a finding;

        (e)     a decision;

        (f)     a determination.

        8B     Certain measures in relation to proceeding or hearing do not contravene rules of law relating to open justice

    (1)     A court or tribunal does not contravene any rule of law relating to open justice if, instead of holding a proceeding or hearing in a court room or hearing room that is open to the public, the court or tribunal—

        (a)     arranges or provides a contemporaneous audio or audio visual broadcast of the proceeding or hearing to the public; or

        (b)     arranges or provides an audio or audio visual recording of the proceeding or hearing within a reasonable time after the conclusion of the proceeding or hearing to—

              (i)     the public generally; or

              (ii)     a member of the public on request; or

        (c)     in the case of the Supreme Court, the County Court or the Coroners Court, arranges or provides a transcript of the proceeding or hearing within a reasonable time after the conclusion of the proceeding or hearing to—

              (i)     the public generally; or

              (ii)     a member of the public on request.

    (2)     Nothing in subsection (1) permits the publication of information in connection with a proceeding if that publication is contrary to a prohibition or restriction imposed by or under this Act or any other Act.

    (3)     This section is repealed on the day that is 18 months after its commencement.".

Part 17—Amendment of the Juries Act 2000