Western Australian Current Acts Western Australian Current Acts (1) In this section
—
court record , in relation to proceedings before
the Court, means —
(a) any
formal document that has been filed with or issued by the Court in accordance
with law and that forms part of the Court’s records;
(b) the
transcript of —
(i)
evidence taken by the Court in the proceedings;
(ii)
any judgment (including the reasons for it) given by the
Court in the proceedings;
(c) any
document received into evidence in the proceedings;
(d) any
written judgment (including the reasons for it) given, or written orders made,
by the Court in the proceedings;
reasons , in relation to a judgment, includes
sentencing remarks.
(2) This section is
subject to any other written law that relates to the possession or publication
of documents and other records or to the possession of any thing.
(3) In respect of
criminal proceedings before the Court, each of the following people is
entitled, on request, to inspect or obtain a copy of any document that is part
of the court record and any document received by the Court in sentencing
proceedings —
(a) a
party to the proceedings;
(b) the
Commissioner of Police;
(c) the
Director of Public Prosecutions appointed under the Director of Public
Prosecutions Act 1991 ;
(d) the
Corruption and Crime Commission established under the
Corruption, Crime and Misconduct Act 2003 ;
(e) the
Chief Assessor appointed under the Criminal Injuries Compensation Act 2003 ;
(f) the
Parliamentary Commissioner for Administrative Investigations appointed under
the Parliamentary Commissioner Act 1971 ;
(g) the
chief executive officer of the department of the Public Service principally
assisting in the administration of the Young Offenders Act 1994 ;
(h) the
CEO as defined in the Road Traffic (Administration) Act 2008 section 4;
(i)
a person authorised by one of the above persons;
(j) a
person prescribed by the regulations.
(4) In respect of
proceedings before the Court that are not criminal proceedings a party to the
proceedings may, on request, inspect or obtain a copy of any document that is
part of the court record.
(5) With the leave of
the Court a person who is not referred to in subsection (3) or (4) may inspect
or obtain a copy of any document that is part of the court record.
(6) With the leave of
the Court any person may inspect or obtain a copy of any thing (other than a
document) received by the Court in proceedings, on which information is
recorded or stored, such as a photograph, tape or disc.
(7) With the leave of
the Court a person may listen to or view a recording of proceedings before the
Court.
(8) When giving leave
under this section the Court may impose any conditions on the person’s
access to information, including a condition prohibiting or limiting the
publication or use of the information.
(9) A decision by the
Court under this section is administrative and is final and not subject to any
form of review.
(10) The regulations
may prescribe fees to be paid for inspecting, obtaining copies of or listening
to information under this section.
[Section 51A inserted: No. 59 of 2004 s. 71;
amended: No. 8 of 2012 s. 56; No. 35 of 2014 s. 39).]