{"id":"nsw:sl-2005-0710","name":"Electronic Transactions (ECM Courts) Order 2005","slug":"electronic-transactions-ecm-courts-order-2005","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"710 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178655,"registerId":"nsw-nsw:sl-2005-0710-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Order","content":"#### 1 Name of Order\n\n1 Name of Order\n\n> This Order is the [Electronic Transactions (ECM Courts) Order 2005](/view/html/inforce/current/sl-2005-0710).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Order commences on 28 October 2005.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Order—\n> > \n> > Comcase means the electronic case management system of that name that has been established under the Act, Schedule 1, clause 2.\n> > \n> > DCFA means the electronic case management system named Digital Case File Application that has been established under the Act, Schedule 1, clause 2.\n> > \n> > e-Court means the electronic case management system of that name that has been established under the Act, Schedule 1, clause 2.\n> > \n> > ECM system has the same meaning as in the Act, Schedule 1.\n> > \n> > JusticeLink means the electronic case management system of that name that has been established under the Act, Schedule 1, clause 2.\n> > \n> > NCAT Online means the electronic case management system of that name that has been established under the Act, Schedule 1, clause 2.\n> > \n> > Online Criminal Registry means the electronic case management system of that name established under the Act, Schedule 1, clause 2.\n> > \n> > Online Registry means the electronic case management system of that name that has been established under the Act, Schedule 1, clause 2.\n> > \n> > Pathway means the electronic case management system named Pathway established under the Act, Schedule 1, clause 2.\n> > \n> > SDMS means the electronic case management system named Single Dispute Management System that has been established under the Act, Schedule 1, clause 2.\n> > \n> > the Act means the [Electronic Transactions Act 2000](/view/html/inforce/current/act-2000-008).\n> > \n> > Note.\n> > \n> > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Order.\n> \n> > (2) Notes in the text of this Order do not form part of the Order.\n> \n> **cl 3:** Am 2007 (636), Sch 1 \\[1\\]; 2010 (311), Sch 1 \\[1\\]; 2010 No 68, Sch 2.2 \\[1\\]; 2013 No 95, Sch 4.14 \\[1\\]; 2014 (23), Sch 1 \\[1\\]; 2021 (74), Sch 1\\[1\\]; 2021 (263), Sch 1\\[1\\]; 2021 (398), Sch 1\\[1\\]–\\[3\\]; 2023 (314), Sch 1\\[1\\]; 2023 No 7, Sch 2.23.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Authority to use JusticeLink—the Act, Schedule 1, clause 3","content":"#### 4 Authority to use JusticeLink—the Act, Schedule 1, clause 3\n\n4 Authority to use JusticeLink—the Act, Schedule 1, clause 3\n\n> JusticeLink is authorised to be used by a court specified in Schedule 1, Column 1 for a purpose specified in Schedule 1, Column 2.\n> \n> Note—\n> \n> The use of JusticeLink for a purpose specified in Schedule 1, Column 2 is regulated by rules of court.\n> \n> **cl 4:** Am 2007 (636), Sch 1 \\[2\\]; 2010 No 68, Sch 2.2 \\[2\\]. Subst 2021 (398), Sch 1\\[4\\].","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Authority to use Comcase—the Act, Schedule 1, clause 3","content":"#### 5 Authority to use Comcase—the Act, Schedule 1, clause 3\n\n5 Authority to use Comcase—the Act, Schedule 1, clause 3\n\n> Comcase is authorised to be used by a court specified in Schedule 2, Column 1 for a purpose specified in Schedule 2, Column 2.\n> \n> **cl 5:** Ins 2006 (286), Sch 1 \\[1\\]. Am 2010 No 68, Sch 2.2 \\[2\\]. Subst 2021 (398), Sch 1\\[4\\].","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Authority to use e-Court—the Act, Schedule 1, clause 3","content":"#### 6 Authority to use e-Court—the Act, Schedule 1, clause 3\n\n6 Authority to use e-Court—the Act, Schedule 1, clause 3\n\n> e-Court is authorised to be used by a court specified in Schedule 3, Column 1 for a purpose specified in Schedule 3, Column 2.\n> \n> **cl 6:** Ins 2007 (636), Sch 1 \\[3\\]. Am 2010 No 68, Sch 2.2 \\[2\\]. Subst 2021 (398), Sch 1\\[4\\].","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Authority to use NCAT Online—the Act, Schedule 1, clause 3","content":"#### 7 Authority to use NCAT Online—the Act, Schedule 1, clause 3\n\n7 Authority to use NCAT Online—the Act, Schedule 1, clause 3\n\n> NCAT Online is authorised to be used by a court specified in Schedule 4, Column 1 for a purpose specified in Schedule 4, Column 2.\n> \n> **cl 7:** Ins 2010 (311), Sch 1 \\[2\\]. Am 2010 No 119, Sch 2.19. Subst 2013 No 95, Sch 4.14 \\[2\\]; 2021 (398), Sch 1\\[4\\].","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Authority to use Online Registry—the Act, Schedule 1, clause 3","content":"#### 8 Authority to use Online Registry—the Act, Schedule 1, clause 3\n\n8 Authority to use Online Registry—the Act, Schedule 1, clause 3\n\n> Online Registry is authorised to be used by a court specified in Schedule 5, Column 1 for a purpose specified in Schedule 5, Column 2.\n> \n> **cl 8:** Ins 2014 (23), Sch 1 \\[2\\]. Subst 2021 (398), Sch 1\\[4\\].","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Authority to use SDMS—the Act, Schedule 1, clause 3","content":"#### 9 Authority to use SDMS—the Act, Schedule 1, clause 3\n\n9 Authority to use SDMS—the Act, Schedule 1, clause 3\n\n> SDMS is authorised to be used by a court specified in Schedule 6, Column 1 for a purpose specified in Schedule 6, Column 2.\n> \n> **cl 9:** Ins 2021 (74), Sch 1\\[2\\]. Subst 2021 (398), Sch 1\\[4\\].","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Authority to use Online Criminal Registry—the Act, Schedule 1, clause 3","content":"#### 10 Authority to use Online Criminal Registry—the Act, Schedule 1, clause 3\n\n10 Authority to use Online Criminal Registry—the Act, Schedule 1, clause 3\n\n> Online Criminal Registry is authorised to be used by a court specified in Schedule 7, Column 1 for a purpose specified in Schedule 7, Column 2.\n> \n> **cl 10:** Ins 2021 (263), Sch 1\\[2\\]. Subst 2021 (398), Sch 1\\[4\\].","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Authority to use DCFA—the Act, Schedule 1, clause 3","content":"#### 11 Authority to use DCFA—the Act, Schedule 1, clause 3\n\n11 Authority to use DCFA—the Act, Schedule 1, clause 3\n\n> DCFA is authorised to be used by a court specified in Schedule 8, Column 1 for a purpose specified in Schedule 8, Column 2.\n> \n> **cl 11:** Ins 2021 (398), Sch 1\\[4\\].","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Authority to use Pathway—the Act, Sch 1, cl 3","content":"#### 12 Authority to use Pathway—the Act, Sch 1, cl 3\n\n12 Authority to use Pathway—the Act, Sch 1, cl 3\n\n> Under the Act, Schedule 1, clause 3, Pathway is authorised to be used by a court specified in Schedule 9, Column 1 for a purpose specified in Schedule 9, Column 2.\n> \n> **cl 12:** Ins 2023 (314), Sch 1\\[2\\].","sortOrder":11},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Authority to use JusticeLink","content":"# Schedule 1 Authority to use JusticeLink\n\nSchedule 1 Authority to use JusticeLink\n\n(Clause 4)\n\n**sch 1, hdg:** Am 2007 (636), Sch 1 \\[4\\].\n\n| Column 1 | Column 2 |\n| Court | Purpose |\n| Court of Criminal Appeal | Use in proceedings under the Criminal Appeal Act 1912, but only so as—(a) to enable documents to be filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with the Court of Criminal Appeal in connection with any business of the Court that is being conducted in the absence of the public.Use in proceedings under the Bail Act 2013, but only so as to enable detention applications and variation applications to be created, filed, issued and used in electronic form. |\n| Supreme Court | Use in civil proceedings in the Corporations List, but only so as to enable documents to be filed, issued, used and served in electronic form.Use in civil proceedings in the Possession List, but only so as to enable documents to be filed, issued, used and served in electronic form.Use in civil proceedings in the Equity Division, but only so as to enable parties to the proceedings to communicate in electronic form with the Supreme Court in connection with any business of the Court that is being conducted in the absence of the public.Use in civil proceedings in the Common Law Division, but only so as to enable parties to the proceedings to communicate in electronic form with the Supreme Court in connection with any business of the Court that is being conducted in the absence of the public.Use in criminal proceedings, but only so as—(a) to enable arrest warrant documents to be created, issued and used in electronic form, and(b) to enable indictments to be created, filed, issued, used and served in electronic form.Use in proceedings under the Bail Act 2013, but only so as to enable detention applications and variation applications to be created, filed, issued and used in electronic form. |\n| Land and Environment Court | Use in proceedings in Class 1, 2, 3, 4 or 8 of the Land and Environment Court’s jurisdiction, but only so as—(a) to enable documents to be filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with the Court in connection with any business of the Court that is being conducted in the absence of the public.Use in proceedings in Class 5, 6 or 7 of the Land and Environment Court’s jurisdiction, but only so as to enable documents to be filed, issued, used and served in electronic form. |\n| Industrial Relations Commission, including the Industrial Court | Use in proceedings in the Industrial Relations Commission, but only so as—(a) to enable documents to be filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with the Commission in connection with any business of the Commission that is being conducted in the absence of the public. |\n| District Court | Use in civil proceedings, but only so as to enable parties to the proceedings to communicate in electronic form with the District Court in connection with any business of the Court that is being conducted in the absence of the public.Use in criminal proceedings, but only so as—(a) to enable arrest warrant documents to be created, issued and used in electronic form, and(b) to enable indictments to be created, filed, issued, used and served in electronic form.Use in proceedings under the Bail Act 2013, but only so as to enable detention applications and variation applications to be created, filed, issued and used in electronic form. |\n| Local Court | Use in civil proceedings, but only so as to enable parties to the proceedings to communicate in electronic form with the Local Court in connection with any business of the Court that is being conducted in the absence of the public.Use in criminal proceedings, but only so as—(a) to enable court attendance notices to be filed, issued, used and served in electronic form, and(b) to enable arrest warrant documents to be created, issued and used in electronic form.Use in committal proceedings heard at the Downing Centre in Sydney commenced (whether at the Downing Centre or elsewhere) on or before 31 December 2012, but only so as to enable parties to the proceedings to communicate in electronic form with the Local Court in connection with any business of the Court that is being conducted in the absence of the public in accordance with section 56 (3) of the Criminal Procedure Act 1986.Use in proceedings under the Crimes (Domestic and Personal Violence) Act 2007, but only so as—(a) to enable applications for an apprehended violence order to be filed, issued and used in electronic form, and(b) to enable applications to vary, revoke or annul an apprehended violence order to be filed, issued and used in electronic form, and(c) to enable applications for substituted service of an apprehended violence order to be filed, issued, and used in electronic form, and(d) to enable arrest warrant documents to be created, issued and used in electronic form.Use in proceedings under the Bail Act 2013, but only so as to enable detention applications and variation applications to be created, filed, issued and used in electronic form. |\n| Children’s Court | Use in criminal proceedings, but only so as—(a) to enable court attendance notices to be filed, issued, used and served in electronic form, and(b) to enable arrest warrant documents to be created, issued and used in electronic form.Use in proceedings under the Crimes (Domestic and Personal Violence) Act 2007, but only so as—(a) to enable applications for an apprehended violence order to be filed, issued and used in electronic form, and(b) to enable applications to vary, revoke or annul an apprehended violence order to be filed, issued and used in electronic form, and(c) to enable applications for substituted service of an apprehended violence order to be filed, issued, and used in electronic form, and(d) to enable arrest warrant documents to be created, issued and used in electronic form.Use in proceedings under the Bail Act 2013, but only so as to enable detention applications and variation applications to be created, filed, issued and used in electronic form.The registration/filing of care plans, contract breach notices and parent responsibility contracts (within the meaning of the Children and Young Persons (Care and Protection) Act 1998) with the Children’s Court, but only so as to enable those documents to be created, filed, issued and used in electronic form.Use in proceedings under Chapters 4 and 5 of the Children and Young Persons (Care and Protection) Act 1998, but only so as to enable documents to be created, filed, issued and used in electronic form. |\n| Civil and Administrative Tribunal | Use in proceedings in the Civil and Administrative Tribunal, but only so as—(a) to enable documents to be filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Civil and Administrative Tribunal, and(c) to enable information concerning the progress of the proceedings to be provided in electronic form to parties to the proceedings and to members of the public generally. |\n| Dust Diseases Tribunal | Use in proceedings, but only to enable parties to the proceedings to communicate in electronic form with the Tribunal in connection with any business of the Tribunal that is being conducted in the absence of the public. |\n| Coronial officers | Use in coronial proceedings, but only to enable—(a) documents to be created, filed and used in electronic form, and(b) parties to the proceedings to communicate in electronic form with other parties to the proceedings and with coronial officers, and(c) information about the progress of the proceedings to be given in electronic form to parties to the proceedings and to members of the public generally. |\n\n**sch 1:** Am 2007 (139), cl 2; 2008 (267), cl 2; 2011 (53), Sch 1; 2011 (694), cl 3; 2012 (35), cl 3; 2012 (557), cl 3; 2014 (191), Sch 1 \\[1\\]–\\[3\\]; 2014 (261), cl 3; 2015 (136), cl 3; 2016 (169), Sch 1 \\[1\\]; 2016 No 48, Sch 2.15 \\[1\\]; 2017 (288), cl 3 (1); 2020 (622), cl 3(1); 2021 (398), Sch 1\\[5\\]; 2023 (166), sec 3(1); 2023 No 41, Sch 2.14\\[1\\].","sortOrder":12},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Authority to use Comcase","content":"# Schedule 2 Authority to use Comcase\n\nSchedule 2 Authority to use Comcase\n\n(Clause 5)\n\n| Column 1 | Column 2 |\n| Court | Purpose |\n| Personal Injury Commission | Use in proceedings, but only so as—(a) to enable documents to be created, filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Commission, and(c) to enable information concerning the progress of the proceedings to be provided in electronic form to parties to the proceedings and to members of the public generally. |\n\n**sch 2:** Ins 2006 (286), Sch 1 \\[2\\]. Am 2021 (74), Sch 1\\[3\\].","sortOrder":13},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Authority to use e-Court","content":"# Schedule 3 Authority to use e-Court\n\nSchedule 3 Authority to use e-Court\n\n(Clause 6)\n\n| Column 1 | Column 2 |\n| Court | Purpose |\n| Land and Environment Court | Use in proceedings in all classes of the Court’s jurisdiction, but only so as—(a) to enable documents to be filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with the Court in connection with any business of the Court that is being conducted in the absence of the public. |\n\n**sch 3:** Ins 2007 (636), Sch 1 \\[5\\]. Am 2016 (169), Sch 1 \\[2\\].","sortOrder":14},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":"Authority to use NCAT Online","content":"# Schedule 4 Authority to use NCAT Online\n\nSchedule 4 Authority to use NCAT Online\n\n(Clause 7)\n\n| Column 1 | Column 2 |\n| Court | Purpose |\n| Civil and Administrative Tribunal | Use in proceedings in the Civil and Administrative Tribunal, but only so as—(a) to enable documents to be filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Civil and Administrative Tribunal, and(c) to enable information concerning the progress of the proceedings to be provided in electronic form to parties to the proceedings and to members of the public generally. |\n\n**sch 4:** Ins 2010 (311), Sch 1 \\[3\\]. Subst 2013 No 95, Sch 4.14 \\[3\\].","sortOrder":15},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":"Authority to use Online Registry","content":"# Schedule 5 Authority to use Online Registry\n\nSchedule 5 Authority to use Online Registry\n\n(Clause 8)\n\n| Column 1 | Column 2 |\n| Court | Purpose |\n| Supreme Court | Use in civil proceedings, but only so as—(a) to enable documents to be created, filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Supreme Court, and(c) to enable information concerning the progress of the proceedings to be provided in electronic form to parties to the proceedings and to members of the public generally.Use in criminal proceedings under the Bail Act 2013, but only so as—(a) to enable applications to be created, filed, issued, used and served in electronic form, and(b) to enable information concerning the progress of the proceedings to be provided in electronic form to parties to the proceedings.Use in cost assessment applications under the Legal Profession Uniform Law Application Act 2014 and the Legal Profession Uniform Law (NSW), but only so as—(a) to enable applications to be created, filed, issued, used and served in electronic form, and(b) to enable information concerning the progress of the applications to be provided in electronic form to parties to the application and costs assessors. |\n| Land and Environment Court | Use in proceedings in all classes of the Land and Environment Court’s jurisdiction, but only so as—(a) to enable documents to be filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Court, and(c) to enable information concerning the progress of the proceedings to be provided in electronic form to parties to the proceedings and to members of the public generally. |\n| Industrial Relations Commission, including the Industrial Court | Use in proceedings in the Industrial Relations Commission, but only so as—(a) to enable documents to be filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Commission, and(c) to enable information concerning the progress of the proceedings to be provided in electronic form to parties to the proceedings and to members of the public generally. |\n| District Court | Use in civil proceedings, but only so as—(a) to enable documents to be created, filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the District Court, and(c) to enable information concerning the progress of the proceedings to be provided in electronic form to parties to the proceedings and to members of the public generally. |\n| Local Court | Use in civil proceedings, but only so as—(a) to enable documents to be created, filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Local Court, and(c) to enable information concerning the progress of the proceedings to be provided in electronic form to parties to the proceedings and to members of the public generally.Use in criminal proceedings, but only so as to enable documents to be created, filed, issued, used and served in electronic form. |\n| Children’s Court | Use in proceedings, but only so as to enable information concerning the progress of the proceedings to be provided in electronic form to legal practitioners representing parties to the proceedings. |\n| Civil and Administrative Tribunal | Use in proceedings in the Civil and Administrative Tribunal, but only so as—(a) to enable documents to be created, filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Civil and Administrative Tribunal, and(c) to enable information concerning the progress of the proceedings to be provided in electronic form to parties to the proceedings and to members of the public generally. |\n| Dust Diseases Tribunal | Use in proceedings, but only to enable—(a) documents to be created, filed, issued, used and served in electronic form, and(b) parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Tribunal, and(c) information about the progress of the proceedings to be given in electronic form to parties to the proceedings and to members of the public generally. |\n| Coronial officers | Use in coronial proceedings, but only to enable—(a) documents to be created, filed and used in electronic form, and(b) parties to the proceedings to communicate in electronic form with other parties to the proceedings and with coronial officers, and(c) information about the progress of the proceedings to be given in electronic form to parties to the proceedings and to members of the public generally. |\n\n**sch 5:** Ins 2014 (23), Sch 1 \\[3\\]. Am 2014 (191), Sch 1 \\[4\\]; 2016 (169), Sch 1 \\[3\\]; 2016 No 48, Sch 2.15 \\[2\\]; 2017 (288), cl 3 (2); 2020 (622), cl 3(2); 2021 (398), Sch 1\\[6\\]; 2023 (166), sec 3(2); 2023 No 41, Sch 2.14\\[2\\]; 2026 (131), Sch 1.","sortOrder":16},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":"Authority to use SDMS","content":"# Schedule 6 Authority to use SDMS\n\nSchedule 6 Authority to use SDMS\n\nclause 9\n\n| Column 1 | Column 2 |\n| Court | Purpose |\n| Personal Injury Commission | Use in proceedings, but only so as—(a) to enable documents to be created, filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Commission, and(c) to enable information concerning the progress of the proceedings to be provided in electronic form to parties to the proceedings and to members of the public generally. |\n\n**sch 6:** Ins 2021 (74), Sch 1\\[4\\].","sortOrder":17},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":"Authority to use Online Criminal Registry","content":"# Schedule 7 Authority to use Online Criminal Registry\n\nSchedule 7 Authority to use Online Criminal Registry\n\nclause 10\n\n| Column 1 | Column 2 |\n| Court | Purpose |\n| District Court | Use in proceedings under the Criminal Procedure Act 1986, but only so as—(a) to enable documents to be created, filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the District Court in connection with any business of the Court that is being conducted in the absence of the public. |\n| Local Court | Use in proceedings under the Criminal Procedure Act 1986, but only so as—(a) to enable documents to be created, filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Local Court in connection with any business of the Court that is being conducted in the absence of the public. |\n\n**sch 7:** Ins 2021 (263), Sch 1\\[3\\].","sortOrder":18},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":"Authority to use DCFA","content":"# Schedule 8 Authority to use DCFA\n\nSchedule 8 Authority to use DCFA\n\nclause 11\n\n| Column 1 | Column 2 |\n| Court | Purpose |\n| Supreme Court | Use in proceedings, but only to enable—(a) documents to be created, filed and used in electronic form, and(b) parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Court, and(c) information about the progress of the proceedings to be given in electronic form to parties to the proceedings and to members of the public generally. |\n| Land and Environment Court | Use in proceedings, but only to enable—(a) documents to be created, filed and used in electronic form, and(b) parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Court, and(c) information about the progress of the proceedings to be given in electronic form to parties to the proceedings and to members of the public generally. |\n| Industrial Relations Commission, including the Industrial Court | Use in proceedings, but only to enable—(a) documents to be created, filed and used in electronic form, and(b) parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Commission, and(c) information about the progress of the proceedings to be given in electronic form to parties to the proceedings and to members of the public generally. |\n| District Court | Use in proceedings, but only to enable—(a) documents to be created, filed and used in electronic form, and(b) parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Court, and(c) information about the progress of the proceedings to be given in electronic form to parties to the proceedings and to members of the public generally. |\n| Local Court | Use in proceedings, but only to enable—(a) documents to be created, filed and used in electronic form, and(b) parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Court, and(c) information about the progress of the proceedings to be given in electronic form to parties to the proceedings and to members of the public generally. |\n| Children’s Court | Use in proceedings, but only to enable—(a) documents to be created, filed and used in electronic form, and(b) parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Court, and(c) information about the progress of the proceedings to be given in electronic form to parties to the proceedings and to members of the public generally. |\n| Civil and Administrative Tribunal | Use in proceedings, but only to enable—(a) documents to be created, filed and used in electronic form, and(b) parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Tribunal, and(c) information about the progress of the proceedings to be given in electronic form to parties to the proceedings and to members of the public generally. |\n| Dust Diseases Tribunal | Use in proceedings, but only to enable—(a) documents to be created, filed and used in electronic form, and(b) parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Tribunal, and(c) information about the progress of the proceedings to be given in electronic form to parties to the proceedings and to members of the public generally. |\n| Coronial officers | Use in coronial proceedings, but only to enable—(a) documents to be created, filed and used in electronic form, and(b) parties to the proceedings to communicate in electronic form with other parties to the proceedings and with coronial officers, and(c) information about the progress of the proceedings to be given in electronic form to parties to the proceedings and to members of the public generally. |\n\n**sch 8:** Ins 2021 (398), Sch 1\\[7\\]. Am 2023 No 41, Sch 2.14\\[3\\].","sortOrder":19},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":"Authority to use Pathway","content":"# Schedule 9 Authority to use Pathway\n\nSchedule 9 Authority to use Pathway\n\nclause 12\n\n| Column 1 | Column 2 |\n| Court | Purpose |\n| Personal Injury Commission | Use in proceedings, but only—(a) to enable documents to be created, filed, issued, used and served in electronic form, and(b) to enable parties to the proceedings to communicate in electronic form with other parties to the proceedings and with the Commission, and(c) to enable information concerning the progress of the proceedings to be provided in electronic form to parties to the proceedings and to members of the public generally. |\n\n**sch 9:** Ins 2023 (314), Sch 1\\[3\\].","sortOrder":20}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The volume of amendments (30+ versions since 2005) strongly suggests the scope has evolved considerably from the original order. It is highly likely that additional courts have been added to the ECM framework over time as NSW courts progressively adopted electronic case management systems, and that the electronic transaction rules themselves have been updated to reflect changing technology and court practices."},"complexity_factors":["The actual substantive content of the order is not fully reproduced in the provided text — only metadata and version history is visible, limiting full analysis","The order operates within a broader legislative framework (the Electronic Transactions Act), requiring understanding of the parent legislation to fully interpret it","Frequent amendments (30+ versions over 20 years) mean the current rules may differ significantly from the original, and understanding the evolution requires tracking multiple versions","The term 'ECM Courts' is a technical/administrative term that requires knowledge of NSW court administration to understand which courts are covered","Interaction between electronic filing rules and existing court procedural rules (such as court rules for service and filing) adds a layer of cross-referencing"],"plain_english_summary":"This NSW Order authorises courts that use electronic case‑management systems (ECM Courts) to send, receive, sign and file documents electronically, providing a legal basis for email, e‑filing and digital signatures in those courts.  \n\nIt affects litigants, lawyers, court staff and businesses dealing with the covered courts, making court interactions faster and removing the need for paper where the Order permits."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"Originally commenced in 2005 authorising only JusticeLink for limited purposes. The legislation has expanded significantly through 18 years of amendments to cover 9 distinct electronic systems (adding Comcase 2006, e-Court 2007, NCAT Online 2010/2013, Online Registry 2014, SDMS 2021, Online Criminal Registry 2021, DCFA 2021, and Pathway 2023). The scope has grown from basic electronic filing to comprehensive case management across virtually all NSW courts and tribunals."},"complexity_factors":["Multiple defined terms (10 electronic systems defined in clause 3)","Extensive cross-referencing to the Electronic Transactions Act 2000 and various court rules","Repetitive structure with 9 separate schedules containing similar but slightly varied provisions","Numerous amendments tracked in clause notes (clause 3 alone has 11 amendment references)","Conditional limitations throughout ('but only so as', 'but only to enable') restricting scope of each system's use","Specific carve-outs for particular proceedings (e.g., specific classes of Land and Environment Court jurisdiction, specific lists in Supreme Court)"],"plain_english_summary":"This Order authorises specific electronic case management systems (like JusticeLink, Comcase, e-Court, and others) to be used by various NSW courts and tribunals for handling legal documents and communications electronically.\n\n**What it does:**\n- Lists which computer systems can be used by which courts (Supreme Court, District Court, Local Court, Land and Environment Court, etc.)\n- Specifies exactly what each system can be used for—typically creating, filing, issuing, and serving documents in electronic form, plus allowing parties to communicate electronically with the court\n- Covers both civil and criminal proceedings, though often with restrictions (for example, some systems can only be used for specific types of cases like bail applications or apprehended violence orders)\n\n**Who it affects:**\n- Lawyers and parties to court proceedings in NSW who need to file documents electronically\n- Court staff and judicial officers using these systems\n- Members of the public accessing court information online\n\n**Why it matters:**\nThis is the legal foundation that allows NSW courts to operate digitally. Without this Order, electronic filing and communication in court proceedings wouldn't have proper legislative backing. It ensures that documents submitted through these specific systems are legally valid and recognised."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Order’s scope has expanded since enactment through multiple insertions and amendments authorising additional ECM systems and extending uses to more courts and proceedings (see amendment notes accompanying cl 3 and the insertion/ amendment notes for cl 5–12 and Schedules 1–9, e.g. Ins 2006(286) for Comcase, Ins 2007(636) for e‑Court/JusticeLink updates, Ins 2010(311)/2013 No 95 for NCAT Online, Ins 2014(23) for Online Registry, Ins 2021(74/263/398) for SDMS/Online Criminal Registry/DCFA, and Ins 2023(314) for Pathway)."},"complexity_factors":["Multiple named ECM systems (JusticeLink, Comcase, e‑Court, NCAT Online, Online Registry, SDMS, Online Criminal Registry, DCFA, Pathway) each authorised separately (see cl 4–12 and Schedules 1–9)","Numerous schedules mapping specific courts to narrowly specified permitted purposes (different per court/class; see Schedules 1–9)","Frequent amendments and insertions over many years (amendment notes in cl 3 and schedule footnotes), producing a layered history of scope changes","Cross-references to the Electronic Transactions Act 2000, the Interpretation Act 1987 and to rules of court (cl 3 note; cl 4 note) that delegate operational detail","Variation in permitted activities (creating, filing, issuing, using, serving, communicating, publishing progress) introduces conditionality and compliance nuance across jurisdictions","Notes and non‑operative material declared not part of the Order (cl 3(2)), requiring attention to operative text only"],"plain_english_summary":"This Order authorises specific electronic case-management systems (for example JusticeLink, Comcase, e‑Court, NCAT Online, Online Registry, SDMS, Online Criminal Registry, DCFA and Pathway) to be used by particular courts for specified purposes. It makes electronic creation, filing, service and communication legally recognised for those courts and proceedings. The practical rules for how each system is used are left to rules of court, so the Order sets legal permission while courts and practitioners handle implementation."}},"importantCases":[],"_links":{"self":"/api/acts/electronic-transactions-ecm-courts-order-2005","history":"/api/acts/electronic-transactions-ecm-courts-order-2005/history","analysis":"/api/acts/electronic-transactions-ecm-courts-order-2005/analysis","conflicts":"/api/acts/electronic-transactions-ecm-courts-order-2005/conflicts","importantCases":"/api/acts/electronic-transactions-ecm-courts-order-2005/important-cases","documents":"/api/acts/electronic-transactions-ecm-courts-order-2005/documents"}}