Court Information Act 2010 (NSW)

Court Information Act 2010 No 24

An Act to make provision for access to information held by courts.

Part 1 Preliminary

1 Name of Act This Act is the Court Information Act 2010.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects The objects of this Act are as follows— (a) to promote consistency in the provision of access to court information across NSW courts, (b) to provide for open access to the public to certain court information to promote transparency and a greater understanding of the justice system, (c) to provide for additional access to the media to certain court information to facilitate fair and accurate reporting of court proceedings, (d) to ensure that access to court information does not compromise the fair conduct of court proceedings, the administration of justice, or the privacy or safety of participants in court proceedings, by restricting access to certain court information.

4 Definitions (1) In this Act— civil proceedings means any proceedings other than criminal proceedings. conclusion of proceedings—see section 7. court means each of the Supreme Court, Land and Environment Court, Industrial Court, District Court, Local Court and Children's Court. court information means information contained in a court record. court officer includes any person employed in the Government Service to exercise functions in a court registry or other court office. court record means any of the following records that a court has in its possession or custody (or that a court has in the possession or custody of some other person) in connection with the court's judicial functions— (a) a record filed or tendered in the court by a party to proceedings before the court (including originating process to commence any such proceedings) or a record of or comprising written submissions made by a party to proceedings, (b) a record of any proceedings before the court (including a record of the dates on which proceedings are heard or to be heard and a record of the name of the judicial officer who heard or is officially listed to hear proceedings), (c) a record of judgment given and any directions given or orders made in proceedings before the court, including in connection with case management and listing of proceedings, (d) a record admitted into evidence by the court in connection with proceedings before the court. criminal proceedings means proceedings against a person for an offence (whether summary or indictable), and includes the following— (a) committal proceedings, (b) proceedings relating to bail, (c) proceedings relating to sentence, (d) proceedings on an appeal against conviction or sentence. criminal record of a person means a record of the offences for which the person has been convicted or of the offences in respect of which— (a) the person has paid a penalty notice, or (b) an order has been made against the person under section 10 (Dismissal of charges and conditional discharge of offender) of the Crimes (Sentencing Procedure) Act 1999. open access information—see section 5. personal identification information means any of the following information concerning a person— (a) tax file number, (b) social security number, (c) medicare number, (d) financial account numbers, (e) passport number, (f) personal telephone number, (g) date of birth (other than year of birth), (h) home address (other than suburb, city and State or Territory), (i) other information that can be used to establish a person's identity and that is prescribed by the regulations as personal identification information for the purposes of this Act. proceedings means civil or criminal proceedings. record means any document or other source of information compiled, recorded or stored in written form, or by electronic process, or in any other manner or by any other means. restricted access information—see section 6.