Western Australian Current Acts Western Australian Current Acts (1) In this section
—
electronic recording means any electronic or
magnetic recording of sounds or moving images or both;
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) A party to a case
is entitled, on request, to inspect or obtain a copy of the following
documents —
(a) any
document that has been lodged with or issued by the Court as required by law
and that forms part of the Court’s records of the case;
(b) a
copy of any document admitted as evidence in the case by the Court;
(c) if
an electronic recording has been made of the proceedings and a transcript of
it has been prepared, a copy of the transcript;
(d) if
no such recording was made, a copy of the record of proceedings made by the
person or persons constituting the Court;
(e) any
written judgment (including the reasons for it) given, or written order made,
by the Court in the case.
(4) With the leave of
the Court, a party to a case may —
(a)
listen to or view —
(i)
any electronic recording tendered to the Court in the
case; or
(ii)
any electronic recording of the proceedings in the case,
and obtain a copy of
all or a part of such a recording;
(b)
inspect or obtain a copy of any document held by the Court in relation to the
case;
(c)
inspect any other thing tendered to the Court in the case and, if it is
practicable for the Court to make a copy of such a thing, to obtain a copy of
it.
[(5), (6) deleted]
(7) In respect of
criminal proceedings in 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’s records 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
CEO as defined in the Road Traffic (Administration) Act 2008 section 4;
(h) a
person authorised by one of the above persons;
(i)
a person prescribed by the regulations.
(8) On an application
by a person the Court, unless it has good reason not to do so, shall give the
person leave, either unconditionally or on any conditions the Court imposes,
to inspect, obtain a copy of, view or listen to, any information held by the
Court in relation to any case that has been or is being dealt with by it.
(9) Rules of court may
—
(a)
prohibit or regulate access to and obtaining information held by the Court in
relation to a case that has been or is being dealt with by it;
(b)
entitle a person to access to or to obtain a copy of any such information.
(10) The regulations
may prescribe fees to be paid for inspecting, obtaining copies of, viewing or
listening to information under this section.
(11) Nothing in this
section shall be read as requiring that in any proceedings —
(a) the
person constituting the Court make available any note made for their own
purposes and not in discharge of a duty to record; or
(b) a
record be made of any address to the Court in the proceedings.
(12) If under this
section, rules of court, or the regulations, a document may be supplied to a
person, it may, at the request of the person, be supplied in an electronic
form.
[Section 33 amended: No. 84 of 2004 s. 80; No. 5
of 2008 s. 71; No. 8 of 2012 s. 126; No. 35 of 2014 s. 39.]