This Act sets who can see and use NSW court records, splitting material into generally open vs restricted categories and giving presumptive access to the public, parties and designated media while leaving courts discretion to refuse or impose conditions. It requires security and reasonable redaction of personal identification, creates offences and penalties for improper disclosure, and lets rules/regulations shape procedure. It matters because it balances transparency and media reporting against privacy, fair trials and administrative burden on courts.
Mechanically, the Court Information Act 2010 (the Act) creates a statutory framework for how courts in New South Wales provide access to information contained in court records. It sorts court information into two classes, "open access information" and "restricted access information", and sets out who is entitled to access each class, by what means access can be provided, and what limits, conditions and penalties apply to disclosure and use of information obtained under the Act.
Key mechanical changes in the text provided are:
Definition and classification of court information as open access or restricted access, with detailed lists for criminal and civil proceedings (ss 4, 5, 6).
A default entitlement for any person to access open access information subject to court orders (s 8).
A permission-based regime for access to restricted access information, by leave of the court or by the regulations, with factors the court may consider and the scope of permissible conditions (s 9).
Specific entitlements for the news media to access certain restricted information (s 10), and a defined prohibition on media publishing personal identification information without court or person permission and a monetary penalty (s 10(3)).
An express entitlement for parties and their legal representatives to access court information relating to proceedings, including after proceedings are concluded (s 11).
Rules for how access is provided (inspection, copies, rules, other means) and for the court to consider requestor preferences, impose reasonable conditions and refuse access where providing it would unreasonably divert court resources or threaten preservation of records (s 14).
Authority to charge fees for providing access (s 15) subject to regulation.
Current sections
Direct links to the current provisions in Court Information Act 2010.
This Act commences on a day or days to be appointed by proclamation.
3
Objects
3 Objects
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
4 Definitions
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.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
s 4: Am 2016 No 48, Sch 2.10; 2023 No 41, Sch 2.10.
5
Open access information
5 Open access information
5 Open access information
Note—
An entitlement to access to open access information under this Act is subject to other laws or court orders that prohibit or restrict the publication or disclosure of court information. See section 13.
(1) Criminal proceedings Information contained in the following court records relating to criminal proceedings is open access information—
(a) an indictment, court attendance notice or other document commencing proceedings,
(b) written submissions made by a party to proceedings,
(c) a police fact sheet, statement of facts or any similar document summarising the prosecution’s case, but not if the proceedings have been set down for trial by jury and have not concluded,
Note—
This information is restricted access information after proceedings have been set down for jury trial and during the trial. See section 6 (2) (d).
(d) a transcript of proceedings in open court,
(e) statements and affidavits admitted into evidence in proceedings, including expert reports,
(f) a record of any judgment given and any direction given or order made in proceedings, including in connection with case management and court listing of proceedings and including a record of a conviction in criminal proceedings,
(g) 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,
(h) such other records as may be prescribed by the regulations.
(2) Civil proceedings Information contained in the following court records relating to civil proceedings is open access information—
(a) originating process and pleadings in proceedings, but only after the stage in proceedings when the court first has an opportunity to consider any objection by the parties to the inclusion of any information in the originating process or pleadings (including in any cross-claim) or the proceedings have concluded, whichever happens first,
(b) any notice filed by a party to proceedings,
(c) written submissions made by a party to proceedings,
(d) a transcript of proceedings in open court,
(e) statements and affidavits admitted into evidence in proceedings, including expert reports,
(f) a record of any judgment given and any direction given or order made in proceedings, including in connection with case management and court listing of proceedings,
(g) 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,
(h) such other records as may be prescribed by the regulations.
6
Restricted access information
6 Restricted access information
6 Restricted access information
(1) Any court information that is not open access information is restricted access information.
(2) In addition, the following information that would otherwise be open access information is restricted access information—
(a) personal identification information,
(b) information contained in an affidavit, pleading or statement that has been rejected, struck out or otherwise not admitted,
(c) information contained in a transcript of, and statements and affidavits admitted into evidence (including expert reports) in, proceedings on a voire dire,
(d) a police fact sheet, statement of facts or any similar document summarising the prosecution’s case in proceedings set down for trial by jury, but only after the proceedings have been set down for trial by jury and until the proceedings are concluded,
Note—
This information is open access information before the proceedings are set down for trial by jury and after the proceedings are concluded.
(e) information contained in a statement that comprises a medical, psychiatric, psychological or pre-sentence report, except information contained or summarised in a judgment given or orders made in proceedings,
(f) information contained in a statement of a person’s criminal record, except information contained or summarised in a judgment given or orders made in proceedings,
(g) information contained in a transcript of, and statements and evidence admitted into evidence in, proceedings on an application to a court for an order to prohibit or restrict the publication or disclosure of information, but only while proceedings on the application are pending,
Note—
If the proceedings result in the making of an order prohibiting or restricting the publication or disclosure of information, section 13 may prevent access to the information.
(h) information contained in a victim impact statement, other than information contained in a transcript of proceedings in open court or in a record of any judgment given or order made in proceedings,
(i) information contained in a letter of comfort provided by or on behalf of the prosecution in connection with criminal proceedings, other than information contained in a transcript of proceedings in open court or in a record of any judgment given or order made in proceedings.
7
Conclusion of proceedings
7 Conclusion of proceedings
7 Conclusion of proceedings
(1) Civil proceedings are concluded when judgment is given or entered in the substantive proceedings or the substantive proceedings are withdrawn, dismissed or discontinued.
(2) Criminal proceedings are concluded when the accused person is discharged or acquitted or the court makes a finding (or accepts a plea) that the accused person is guilty. If an accused person convicted of an offence is to be sentenced, the proceedings are not concluded until sentence has been imposed.
(3) The committal of an accused person for trial or sentence at the conclusion of committal proceedings is not the conclusion of the criminal proceedings of which the committal proceedings form part.
(4) Proceedings in respect of bail are concluded when they are finally disposed of, including by being withdrawn, dismissed or discontinued.
(5) An appeal against a decision in proceedings does not prevent the proceedings being regarded as concluded. Proceedings on the appeal are to be regarded as separate proceedings and a pending appeal does not prevent the decision appealed against constituting the conclusion of the earlier proceedings.
Part 2
Entitlement to access to court information
Part 2 Entitlement to access to court information
Part 2 Entitlement to access to court information
Note—
An entitlement to access to court information under this Act is subject to other laws or court orders that prohibit or restrict the publication or disclosure of court information. See section 13.
This Act applies only to the providing of access to court information by courts. It does not prevent prosecuting authorities or a party to proceedings from giving access to documentary or physical exhibits returned at the conclusion of proceedings.
8
Access to open access information
8 Access to open access information
8 Access to open access information
(1) Any person is entitled to access to court information that is open access information unless the court otherwise orders in a particular case.
(2) The court may in a particular case impose conditions on the way in which access to court information is to be provided under this section or that restrict the disclosure or use of court information to which access is provided under this section.
9
Access to restricted access information
9 Access to restricted access information
9 Access to restricted access information
(1) A person is entitled to access to court information that is restricted access information if access is permitted—
(a) by leave of the court, or
(b) by the regulations.
(2) In deciding whether to grant leave for access to information under this section, a court may take the following matters into account to the extent to which it considers them relevant—
(a) the public interest in access to the information being provided,
(b) the extent to which the principle of open justice will be adversely affected if access is not provided to the information,
(c) the extent to which an individual’s privacy or safety will be compromised by providing access to the information,
(d) the extent to which providing access to the information will adversely affect the administration of justice,
(e) the extent of the person’s interest or involvement in the proceedings or other matter to which the information relates,
(f) the reasons for which access is sought,
(g) such other matters as the court considers relevant in the particular circumstances of the case.
(3) A court can impose conditions on access granted by leave of the court under this section.
(4) The regulations can impose conditions on access conferred by the regulations under this section.
(5) Conditions imposed under this section by the court or the regulations can only relate to the way in which access is to be provided or restrict the disclosure or use of information to which access is provided.
10
News media access to restricted access information
10 News media access to restricted access information
10 News media access to restricted access information
(1) A news media organisation is entitled to access to any of the following court information that is restricted access information unless the court otherwise orders in a particular case—
(a) information contained in a transcript of proceedings in closed court,
(b) information contained in a transcript of, and statements and affidavits admitted into evidence in, proceedings on a voire dire, but only after the conclusion of the proceedings in the course of which the voire dire proceedings are held,
(c) information contained in a transcript of, and statements and evidence admitted into evidence in, proceedings on an application to a court for an order to prohibit or restrict the publication or disclosure of information,
Note—
Information in a court record referred to in paragraph (c) is restricted access information only during the proceedings. After the proceedings are concluded, the information will be open access information but entitlement to access will be subject to any order restricting or prohibiting publication or disclosure that results from the proceedings.
(d) information contained in a court record if the only restricted access information the record contains is personal identification information,
(e) information contained in the brief of evidence in criminal proceedings,
(f) information contained in a record admitted into evidence that is a document in written form or that can readily be reproduced as a document in written form.
(2) The court may in a particular case impose conditions on the way in which access to court information is to be provided under this section or that restrict the disclosure or use of court information to which access is provided under this section.
(3) A news media organisation must not publish any personal identification information to which it obtains access under this section except with the permission of the court or of the person to whom the personal identification information relates.
Maximum penalty—250 penalty units.
(4) The entitlement to access under this section is in addition to the entitlement to access to open access information.
(5) In this section—
news media organisation means a commercial enterprise that engages in the business of broadcasting or publishing news or a public broadcasting service that engages in the dissemination of news through a public news medium.
11
Access to court information by party to proceedings
11 Access to court information by party to proceedings
11 Access to court information by party to proceedings
(1) A party to proceedings and the party’s legal representative are entitled to access to any court information that relates to the proceedings unless the court otherwise orders in a particular case.
(2) The court may in a particular case impose conditions on the way in which access to court information is to be provided under this section or that restrict the disclosure or use of court information to which access is provided under this section.
(3) The entitlement to access under this section is in addition to the entitlement to access to open access information.
(4) This section extends to proceedings that have been concluded.
Note—
See section 7 for the meaning of concluded.
12
Access under other laws
12 Access under other laws
12 Access under other laws
This Act is not intended to prevent or otherwise interfere with the giving of access to court information as permitted or required by or under any other Act or law that entitles a person to access to court information.
13
Restrictions on access—court orders and other laws
13 Restrictions on access—court orders and other laws
13 Restrictions on access—court orders and other laws
There is no entitlement to access to court information under this Act if providing that access would contravene—
(a) any order of a court that prohibits or restricts the publication or disclosure of information, or
(b) any provision made by or under any other Act or law that prohibits or restricts the publication or disclosure of information.
Part 3
How access to court information is provided
Part 3 How access to court information is provided
Part 3 How access to court information is provided
14
Methods of providing access
14 Methods of providing access
14 Methods of providing access
(1) A person who is entitled under this Act to access to court information can be provided with that access in any of the following ways—
(a) by being given a reasonable opportunity to inspect a court record (or a copy of a court record) that contains the information,
(b) by being provided with a copy of a court record that contains the information,
(c) by any means provided for by the rules,
(d) by any other means that the court considers to be appropriate in a particular case.
(2) In deciding how access to court information is to be provided to a person, the court is to consider any preference that the person expresses as to how access is to be provided.
(3) The court can impose reasonable conditions on the provision of access for the purpose of ensuring the safe custody and proper preservation of court records.
(4) The court may refuse to provide access to court information in a particular case if—
(a) providing access would require an unreasonable diversion of the court’s resources, or
(b) it is necessary to refuse access to ensure the safe custody and proper preservation of court records (but only if this cannot be ensured by the imposition of reasonable conditions on the provision of access).
15
Charging of fees for access
15 Charging of fees for access
15 Charging of fees for access
(1) A fee can be charged for providing access to court information under this Act.
(2) Regulations under this Act or the Civil Procedure Act 2005 may make provision for or with respect to the charging of fees for the provision of access to court information under this Act, including provision for or with respect to—
(a) the maximum fees that may be charged for providing access, and
(b) the waiver, reduction or refund of any fee payable or paid for providing access.
17 Courts to publicise privacy protection measures
17 Courts to publicise privacy protection measures
Each court is to publish on its website, or by other appropriate means, general information that promotes awareness of the potential for information provided by a party to proceedings to be accessed by other persons pursuant to an entitlement under this Act and the court’s practices and procedures for preventing or limiting access to personal information.
18
Personal identification information
18 Personal identification information
18 Personal identification information
(1) For the purpose of facilitating access to court records, a court must ensure to the maximum extent reasonably practicable that court records that contain open access information do not contain personal identification information.
(2) For that purpose, the rules may make provision for or with respect to—
(a) the providing of access to open access information contained in a court record by providing access to a copy of the record from which personal identification information has been deleted or removed, and
(b) the filing or tendering of court records that have had personal identification information deleted or removed from the record or contained in a separate record.
Part 5
Protection of court information
Part 5 Protection of court information
Part 5 Protection of court information
19
Security of court information
19 Security of court information
19 Security of court information
A court must take such security safeguards as are reasonable in the circumstances to ensure that the court information contained in court records is protected against misuse and unauthorised access, use or disclosure.
20
Unauthorised disclosure and use of court information
20 Unauthorised disclosure and use of court information
20 Unauthorised disclosure and use of court information
(1) A person must not disclose or use court information obtained in the exercise of the person’s functions as a court officer or in the execution or administration of this Act except—
(a) with the consent of the person from whom the information was obtained, or
(b) in the exercise of those functions or in the execution or administration of this Act, or
(c) as authorised by the regulations, or
(d) as otherwise authorised or required by law.
(2) A person must not induce or attempt to induce another person to disclose or use court information in contravention of subsection (1).
(3) If a court officer discloses court information by providing access to the information and believes in good faith when providing access to the information that this Act permits or requires that access to be provided, the officer is deemed to have disclosed the information in the execution of this Act.
Maximum penalty—100 penalty units or imprisonment for 2 years, or both.
21
Conditions of access to court information
21 Conditions of access to court information
21 Conditions of access to court information
(1) A person who is provided with access to court information pursuant to an entitlement under this Act must not disclose or use the information for a purpose or in a manner that the person knows is contrary to any condition of access.
(2) A condition of access is a condition imposed by the court or by the regulations that restricts the disclosure or use of court information to which access is provided pursuant to an entitlement under this Act.
Maximum penalty—100 penalty units.
Part 6
Miscellaneous
Part 6 Miscellaneous
Part 6 Miscellaneous
22
Exercise of functions by court officers
22 Exercise of functions by court officers
22 Exercise of functions by court officers
(1) The senior judicial officer of a court may, by instrument in writing—
(a) direct that any function of the court under this Act may be exercised by such registrars or other officers of the court, and in such circumstances and subject to such conditions, as are specified in the instrument, and
(b) vary or revoke any such instrument.
(2) Without limiting any other functions he or she may exercise, a registrar or other officer of a court may exercise any function conferred on such an officer by the rules.
(3) This section does not limit any provision of the Act by which a court is constituted with respect to the exercise of the court’s functions.
23
Protection in respect of disclosure of court information
23 Protection in respect of disclosure of court information
23 Protection in respect of disclosure of court information
(1) If court information is disclosed pursuant to an entitlement under this Act—
(a) no action for defamation or breach of confidence lies against the Crown, a court or a court officer by reason of the disclosure of the information, and
(b) no action for defamation or breach of confidence in respect of any publication involved in, or resulting from, the disclosure of the information lies against the author of a record containing the information or any other person by reason of the author or other person having supplied the record to a court, and
(c) neither the person by whom the disclosure is made nor any other person concerned in disclosing the information is guilty of an offence merely because of the disclosing of the information.
(2) The giving of access to court information pursuant to an entitlement under this Act does not constitute, for the purposes of the law relating to defamation or breach of confidence, an authorisation or approval of the publication of a record containing the information or its contents by the person to whom access to the information is given.
24
Personal liability
24 Personal liability
24 Personal liability
No matter or thing done by a court officer, or by any person acting under the direction of a court officer, if the matter or thing was done in good faith for the purposes of executing this Act, subjects the court officer or person so acting, personally to any action, liability, claim or demand.
25
Rules of court
25 Rules of court
25 Rules of court
(1) The Uniform Rules Committee under the Civil Procedure Act 2005 may make rules, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed by rules or that is necessary or convenient to be prescribed by rules for carrying out or giving effect to this Act.
(2) In particular, the rules may make provision for or with respect to the following matters—
(a) the practice and procedure to be followed in respect of proceedings under this Act and any matters incidental to or relating to that practice and procedure,
(b) the procedure for applying for access to court information under this Act,
(c) the means by which access can be provided to court information under this Act,
(d) the duties of registrars and other officers of a court in relation to or for the purpose of the operation of this Act,
(e) the forms to be used in connection with the operation of this Act.
(3) Rules made by the Uniform Rules Committee for the purposes of this Act are to form part of the rules made by that Committee under the Civil Procedure Act 2005.
26
Regulations
26 Regulations
26 Regulations
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed by regulation or that is necessary or convenient to be prescribed by regulation for carrying out or giving effect to this Act.
27
Nature of proceedings for offences
27 Nature of proceedings for offences
27 Nature of proceedings for offences
Proceedings for an offence under this Act may be dealt with summarily before the Local Court.
28
Review of Act
28 Review of Act
28 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of 2 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 2 years.
Schedule 1
Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
sch.2-sec Section 314 Media access to court documents
Section 314 Media access to court documents
Omit the section.
sch.2-sec-oc.2
Rule 8.10 Copies of court records
sch.2-sec-oc.2 Rule 8.10 Copies of court records
Rule 8.10 Copies of court records
Omit the rule.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Court Information Act 2010.
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Objects
3 Objects
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
4 Definitions
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,
Exclusion of the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 from applying to the provision of access under this Act (s 16), alongside explicit duties on courts to publicise privacy protection practices (s 17) and to remove personal identification information from open access records where reasonably practicable (s 18).
Obligations on courts to take reasonable security safeguards (s 19).
Criminal and civil protections and sanctions for unauthorised disclosure or misuse by court officers or recipients, including substantial penalties (ss 20, 21) and statutory protections against defamation and breach of confidence liability when disclosure is made under an entitlement (s 23).
Delegation and administrative arrangements, including senior judicial officer instruments to delegate functions, rules-making by the Uniform Rules Committee and regulation-making by the Governor (ss 22, 25, 26).
A review requirement for the Minister to reassess the Act within two years of assent (s 28).
Transitional and amendment provisions in the Schedules, including explicit amendments to related court rules (Schedule 2).
The Act declares purposes in s 3: to promote consistency of access across NSW courts, provide open access to promote transparency and media access for reporting, and to restrict access where necessary to protect fair conduct of proceedings, administration of justice and participant privacy or safety. Those purpose statements are formal policy claims. The Act then operationalises those claims through the classification of records (ss 5-6), the range of entitlements and exceptions (ss 8-12), procedural and administrative mechanisms (ss 14, 15, 25), and compliance and enforcement provisions (ss 19-21, 23, 27). The Act also contains a practical trade-off: it excludes two privacy statutes from applying to "the providing of access ... pursuant to an entitlement arising under this Act" (s 16), while simultaneously imposing active obligations on courts to remove personal identification information from open access records to the maximum extent reasonably practicable (s 18).
This section sets the mechanical baseline for the rest of the deep dive; later sections unpack the core concepts, responsibilities, enforcement architecture and implementation frictions that flow from the text of the Act.
Main concepts
The Act structures its regime around a small set of definitional and operational concepts that determine entitlement, process and limits. Those concepts and their mechanics are:
Court, court information, court record (s 4): The Act applies to six named courts , the Supreme Court, Land and Environment Court, Industrial Court, District Court, Local Court and Children’s Court , and defines "court record" broadly to include documents filed by parties, records of proceedings and judgments, and records admitted into evidence (s 4, court record). The Act therefore governs provision of documentary and transcript material in the court’s custody related to the court’s judicial functions.
Open access information (s 5): The Act lists specific items that are "open access information". For criminal proceedings these include indictments, court attendance notices, written submissions, transcripts of proceedings in open court, statements and affidavits admitted into evidence, records of judgment and orders, and listing information (s 5(1)(a)-(g)). For civil proceedings, similar items are open access but with timing qualifications for originating process and pleadings (s 5(2)(a)-(g)). The Act notes that entitlements are subject to other laws or court orders that prohibit or restrict publication or disclosure (s 5, Note; s 13). The classification directly determines a person’s default entitlement to access: any person is entitled to open access information (s 8(1)) unless ordered otherwise.
Restricted access information (s 6): The Act makes everything not listed as open access into restricted access information (s 6(1)), and then specifies categories of otherwise-open records that become restricted, including personal identification information, rejected or struck-out pleadings, voir dire materials, police fact sheets in jury trials while the trial is on foot, medical or pre-sentence reports, criminal record statements, victim impact statements and certain letters of comfort (s 6(2)(a)-(i)). The provision creates a binary classification with specified exceptions and temporal rules (for example voir dire material and police fact sheets in jury trials become restricted during particular phases).
Entitlement and pathways of access (ss 8-11): Open access information is freely available to any person subject to orders (s 8). Restricted access information requires leave of the court or permission by regulation (s 9(1)). News media enjoy specific entitlements to certain restricted categories (s 10), and parties and their lawyers are separately entitled to access information relating to proceedings (s 11).
Conditions, tools and limits (ss 9(3)-(5), 14): The court may impose conditions on access and the regulations may do the same, but conditions are limited in scope to the way access is provided or to restrict disclosure or use (s 9(5)). The Act sets out methods for providing access (inspection, copies, rules or other means) and authorises reasonable conditions to protect records and to refuse access where provision would unreasonably divert court resources (s 14).
Privacy carve-out and redaction duty (ss 16-18): The Act expressly states that two NSW privacy Acts do not apply to providing access under this Act (s 16). At the same time, courts must publicise privacy protection measures (s 17) and ensure to the maximum extent reasonably practicable that open access court records do not contain personal identification information (s 18(1)). The rules may provide for access to redacted copies or for filing redacted records or separate records (s 18(2)).
Security, misuse and penalties (ss 19-21): Courts must take reasonable safeguards against misuse and unauthorised access (s 19). Unauthorised disclosure or use by a court officer or person who obtained information in the exercise of functions under the Act is an offence attracting a maximum penalty of 100 penalty units or imprisonment for 2 years, or both (s 20(1); see also s 20(3) deeming good-faith disclosures authorised by the Act). Inducing another to disclose in contravention is also an offence (s 20(2)). A recipient of access must not disclose or use information in a way they know conflicts with access conditions, with a maximum penalty of 100 penalty units for breach (s 21).
Administrative architecture (ss 22-26): Senior judicial officers may delegate functions to registrars or other officers by instrument in writing and may vary or revoke instruments (s 22). The Uniform Rules Committee can make rules to carry out the Act (s 25), while the Governor can make regulations including savings or transitional regulations (s 26; Schedule 1). Rules and regulations set practical detail such as forms, procedures and fees (s 25(2)(a)-(e); s 15(2) for fees).
Protections for disclosure under entitlement (s 23): The Act provides statutory protection from defamation and breach of confidence claims for Crown, courts, court officers and persons who supplied records to a court when disclosures are made pursuant to a statutory entitlement (s 23(1)), while clarifying that giving access does not amount to authorisation of publication for defamation or breach of confidence purposes (s 23(2)).
These concepts create an architecture that balances presumptive public access against specified privacy and process-based exclusions, with court discretion, delegated administrative mechanisms and criminal and civil sanctions to regulate behaviour by court officers and recipients.
Who it affects
The Act identifies and affects distinct groups and institutional players. The statutory mechanics establish who pays costs, who decides, what behaviour changes and what duties attach.
Primary institutional actors:
The courts named in s 4 (Supreme Court, Land and Environment Court, Industrial Court, District Court, Local Court, Children’s Court). Courts are the providers of access and the bodies responsible for operationalising redaction duties (s 18), security safeguards (s 19), imposition of conditions (ss 8(2), 9(3), 10(2), 11(2)) and refusals based on resource diversion or preservation needs (s 14(3)-(4)). Senior judicial officers can delegate functions to registrars or other officers (s 22).
Court officers and registrars:
Court officers, defined broadly in s 4, face specific behavioural constraints and criminal exposure under s 20. They are also protected from civil action when acting under statutory entitlements or in good faith (s 23(1), s 24). Registrars may be required to carry out duties under rules (s 25(2)(d)), and the senior judicial officer can delegate functions to registrars (s 22(1)).
Parties to proceedings and their legal representatives:
Parties and their lawyers have a statutory entitlement to access any court information that relates to the proceedings (s 11(1)), including after proceedings have concluded (s 11(4)). That entitlement is broader than public open access and is explicitly stated to be in addition to open access entitlements (s 11(3)). Parties may be asked to file redacted records or separate records under the rules to protect personal identification information (s 18(2)(b)).
Members of the public and requestors:
Any person is entitled to access open access information, subject to court orders (s 8(1)). For restricted access information, members of the public must seek leave of the court or rely on regulations (s 9(1)).
News media organisations:
The Act grants news media organisations a special entitlement to access certain restricted information unless the court orders otherwise (s 10(1)). The Act defines "news media organisation" narrowly as a commercial enterprise that broadcasts or publishes news or a public broadcasting service disseminating news via a public news medium (s 10(5)). Media organisations are prohibited from publishing personal identification information accessed under s 10 without the court’s permission or the person’s permission, with a maximum penalty of 250 penalty units (s 10(3)).
Third parties who supplied records:
Authors or suppliers of records admitted to court are given statutory protection from actions for defamation or breach of confidence arising from disclosure pursuant to an entitlement under the Act (s 23(1)(b)). This affects professional witnesses, lawyers, and agencies that file documents.
Government and regulatory bodies:
The Uniform Rules Committee and the Governor have rule- and regulation-making powers (ss 25, 26). The Minister has a mandatory review obligation within two years (s 28), creating an accountability loop for the executive.
Who pays and who bears costs:
Courts must expend resources to implement redaction (s 18), publicise privacy measures (s 17), and maintain security safeguards (s 19). The Act authorises charging fees for access and permits regulations to set maximums, waivers or refunds (s 15), thereby allowing the costs to be shifted in part to requestors. However, the court may refuse access if providing it would require an unreasonable diversion of court resources (s 14(4)(a)), which creates a direct trade-off: courts can manage workload at the cost of restricting access in some cases.
Who decides:
The court controls case-by-case decisions on conditions, restrictions and leave for restricted material (ss 8(2), 9(2)-(3), 10(2), 11(2)). Delegation is permitted (s 22). The Uniform Rules Committee and Governor set procedural and fee regimes via rules and regulations (ss 25-26). Parliamentary oversight is via the Minister’s review requirement (s 28).
Behavioural effects:
Parties may choose to file redacted records or separate records under the rules to protect personal identification information (s 18(2)). Media organisations will be incentivised to avoid publishing personal identification information unless permission is obtained, as there is a specific penalty (s 10(3)). Court officers will face statutory duties to protect information and criminal sanctions for unauthorised disclosure (s 20), creating compliance and training obligations for registries.
The Act therefore reallocates administration and compliance burdens primarily onto courts and court officers while permitting some cost recovery from requestors via regulated fees. It creates decision nodes for courts, registrars and rule-makers and embeds enforcement and immunity structures that affect a wide range of actors involved in court processes.
Key duties and rights
This section identifies the primary statutory duties, entitlements and procedural rights created by the Act, with precise references to the provisions that establish them.
Entitlements to access:
Any person has the entitlement to access open access information, subject to court order (s 8(1)). The court may impose conditions on provision of access or restrict disclosure or use of information accessed under this entitlement (s 8(2)).
For restricted access information, entitlement is by leave of the court or under the regulations (s 9(1)). The court may impose conditions and must consider a non-exhaustive set of factors when deciding whether to grant leave (s 9(2)(a)-(g)). Conditions must relate only to the way access is provided or restrict disclosure/use (s 9(5)).
News media organisations have statutory entitlement to access certain restricted information (s 10(1)), including transcripts of closed court, voir dire material after conclusion of the hearing in the primary proceeding, materials from proceedings about publication-restriction applications, briefs of evidence in criminal proceedings and records admitted into evidence that are or can readily be reproduced in written form (s 10(1)(a)-(f)). This entitlement is additional to open access entitlements (s 10(4)).
Parties and their legal representatives are entitled to access court information relating to proceedings, with this entitlement surviving the conclusion of proceedings (s 11(1), (4)). The entitlement is additional to open access entitlements (s 11(3)).
Court duties and procedural powers:
Courts must ensure, to the maximum extent reasonably practicable, that open access court records do not contain personal identification information (s 18(1)). The rules may provide for redacted copies or separate records (s 18(2)(a)-(b)).
Courts must take reasonable security safeguards to protect court records against misuse and unauthorised access, use or disclosure (s 19).
Courts may impose reasonable conditions on access to ensure safe custody and preservation of court records (s 14(3)).
Courts may refuse to provide access if it would require an unreasonable diversion of resources or threaten preservation of records (s 14(4)(a)-(b)).
Duties and limits on court officers and recipients:
A person must not disclose or use court information obtained in the exercise of functions as a court officer or in the execution or administration of the Act except in limited circumstances (consent, in exercise of functions, as authorised by regulations or as required by law) (s 20(1)(a)-(d)). Inducing another to disclose in contravention is also forbidden (s 20(2)).
If a court officer provides access and in good faith believes the Act permits or requires it, the officer is deemed to have disclosed the information in execution of the Act (s 20(3)).
A person provided with access under an entitlement must not disclose or use the information for a purpose or in a manner they know is contrary to any condition of access (s 21(1)). Conditions of access are those imposed by court or regulations (s 21(2)).
Privacy and publication duties:
The Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 do not apply to the providing of access to court information pursuant to an entitlement under the Act (s 16). That is a statutory exclusion of those Acts from the process of providing access under this Act.
Each court must publish general information that promotes awareness of the potential for information provided by a party to be accessed by others pursuant to entitlement under the Act and the court’s practices for preventing or limiting access to personal information (s 17).
Fees and procedural regulation:
The Act permits charging fees for providing access (s 15(1)). Regulations and rules may set maximum fees and provide for waiver, reduction or refund (s 15(2)).
The Uniform Rules Committee may make rules for practice and procedure, application procedure for access, methods of provision, duties of registrars and officers, and forms (s 25(2)(a)-(e)). The Governor may make regulations to support the Act (s 26).
Delegation, immunity and review:
Senior judicial officers may delegate functions to registrars or other officers by instrument in writing (s 22(1)). Registrars may exercise any function conferred by the rules (s 22(2)).
Persons disclosing pursuant to an entitlement are protected from defamation and breach of confidence claims against the Crown, courts, court officers and suppliers of records, and disclosure does not itself amount to authorisation of publication for defamation or breach of confidence (s 23(1)-(2)).
The Minister must review the Act no later than two years after assent and table a report within 12 months after the end of that two year period (s 28(1)-(3)).
Penalties tied to duties:
Unauthorised disclosure by court officers or use/disclosure contrary to the Act’s limits can attract up to 100 penalty units or 2 years imprisonment or both (s 20).
News media publishing personal identification information accessed under s 10 without permission faces a maximum penalty of 250 penalty units (s 10(3)).
A person who knowingly breaches a condition of access is liable for up to 100 penalty units (s 21).
These duties and rights define operational obligations for courts and officers, entitlements for requestors including media and parties, regulatory levers for rules and regulations, and civil and criminal consequences for breaches.
Penalties and enforcement
The Act establishes an enforcement architecture that combines criminal sanctions, monetary penalties, summary proceedings, statutory protections, and administrative discretion. Key enforcement elements are:
Criminal and monetary penalties:
Unauthorised disclosure or use of court information obtained in the exercise of functions as a court officer or in the execution or administration of the Act is an offence. The maximum penalty is 100 penalty units or imprisonment for 2 years, or both (s 20, maximum penalty). This provision makes direct unauthorised disclosure by officers a potentially imprisonable offence and attaches a significant monetary sanction. The prohibition extends to inducing another person to disclose in contravention (s 20(2)).
A person who publishes personal identification information obtained under the media access entitlement without court or the person’s consent is liable to a maximum penalty of 250 penalty units (s 10(3)). The Act singles out media publication of personal identification information for a higher monetary penalty than the general unauthorised disclosure provision.
Breach of a condition of access by a person provided with access where the person knows the disclosure/use is contrary to any condition attracts a maximum penalty of 100 penalty units (s 21).
Procedural enforcement and jurisdiction:
Proceedings for offences under the Act may be dealt with summarily before the Local Court (s 27). The summary process is the statutory enforcement path for criminal and penalty proceedings under the Act.
The Act allows courts to impose conditions on access and to refuse access where provision would unreasonably divert resources or threaten record preservation (s 14(3)-(4)). Enforcement of conditions and refusals is operationally immediate: access is refused or conditional at the point of provision.
Administrative and civil effects:
Section 23 provides statutory protection for disclosure made pursuant to an entitlement: no defamation or breach of confidence action lies against the Crown, a court or a court officer by reason of the disclosure, and no such action lies against an author of a record or supplier for having supplied the record to court where disclosure follows entitlement (s 23(1)(a)-(b)). Additionally, where disclosure is made pursuant to an entitlement, neither the person disclosing nor others concerned in disclosing are guilty of an offence merely because of the disclosure (s 23(1)(c)). Those provisions limit civil liability for authorised disclosures.
The Act also clarifies that giving access under an entitlement does not constitute authorisation of publication for defamation or breach of confidence purposes (s 23(2)). This provides a separation between providing access and a publisher’s independent liability for publication under common law; the Act protects the provider, not the publisher.
Administrative safeguards and internal enforcement:
Courts must publicly disclose their privacy protection measures and practices (s 17), which creates an administrative transparency mechanism that enables external scrutiny and may support compliance.
Courts are required to take reasonable security safeguards against misuse and unauthorised access, use or disclosure (s 19). Failure to take such measures could be relevant to enforcement or to an assessment of whether disclosure was authorised or reasonable, although the Act does not specify remedial consequences for inadequate security other than the general offence provisions and potential civil claims outside the Act.
Deeming and good-faith protection:
If a court officer discloses court information by providing access and believes in good faith that the Act permits or requires the access, the officer is deemed to have disclosed the information in the execution of the Act (s 20(3)). That deeming provision is an important administrative protection for court officers acting on a reasonable construction of the Act.
Limitations and interaction with other legal constraints:
Access under the Act is expressly subject to other laws and court orders that prohibit publication or disclosure (s 5 Note; s 13). That means enforcement of a statutory entitlement may be curtailed where another law or order forbids disclosure; the court must refuse or condition access accordingly, and criminal liability could follow if disclosure contravenes such other law despite the Act.
The Act excludes the operation of the two cited privacy Acts for the providing of access under this Act (s 16). The exclusion narrows the field of statutory privacy liabilities associated with providing access, but does not remove obligations under the Act itself, including the duty to redact personal identification information where reasonably practicable (s 18).
Enforcement risk allocation and prosecutorial discretion:
The Act places summary prosecution jurisdiction in the Local Court (s 27). That statutory framing means enforcement will typically be managed through state prosecutorial channels via summary proceedings. The Act does not create a private right of criminal action; enforcement depends on prosecutorial decision-making and complaints to the Attorney or relevant prosecuting authority.
In short, the Act provides a mix of statutory permissions and mandatory procedural duties, with criminal and civil shields for authorised conduct and criminal and monetary sanctions for unauthorised disclosure and misuse. The Act couples protection for authorised governmental disclosures with significant penalties that focus on unauthorised use and media publication of personal identification information.
How it interacts with other laws
The Act contains multiple textual statements that define its interaction with other laws and judicial orders. These statements determine the scope of the Act in relation to existing statutory and common law obligations.
Express subject-to provisions:
The entitlement to access open access information is expressly subject to other laws or court orders that prohibit or restrict publication or disclosure of court information (s 5, Note; s 13). Section 13 is categorical: there is no entitlement to access under the Act if providing that access would contravene any court order that prohibits or restricts publication or disclosure, or any provision made by or under any other Act or law that prohibits or restricts publication or disclosure (s 13(a)-(b)). This places the Act downstream of other statutory prohibitions and injunctions.
Exclusion of two privacy Acts:
The Act expressly states that the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 do not apply to the providing of access to court information pursuant to an entitlement under the Act (s 16). That is a narrow, textual exclusion: those two statutes do not apply to the process of providing access under the Act. The exclusion does not, on its face, affect the application of those laws in other contexts, nor does it remove the Act’s internal obligations (for example the duty to take reasonable security safeguards in s 19 and to redact personal identification information in s 18).
Statutory protections and limitations on civil remedies:
The Act provides that disclosure pursuant to an entitlement shields the Crown, courts and court officers from defamation and breach of confidence actions (s 23(1)(a)), and similarly protects authors or suppliers of records that have supplied records to the court (s 23(1)(b)). It also ensures that giving access under an entitlement does not amount to authorisation or approval of publication for defamation or breach of confidence purposes (s 23(2)). These provisions displace certain civil remedies to the extent disclosed material is disclosed pursuant to a statutory entitlement.
Interaction with rules and regulation-making:
The Act directs that the Uniform Rules Committee may make rules for matters required or permitted by the Act (s 25), and the Governor may make regulations (s 26). Regulations may address fees (s 15(2)) and may contain savings or transitional provisions (Schedule 1). The Act therefore operates through subordinate legislation for operational detail; the rules and regulations can significantly affect how the Act functions in practice.
Interaction with court practice and other agencies:
The Act applies only to the provision of access by courts. It explicitly does not prevent prosecuting authorities or parties from giving access to documentary or physical exhibits returned at the conclusion of proceedings (Part 2 note). That carve-out means the Act regulates courts’ behaviour but preserves other actors’ autonomy to disclose or withhold exhibits, subject to their own legal obligations.
Amendment and consequential changes:
Schedule 2 contains amendments to related legislation and rules, including the omission of prior media access provisions and changes to rule 36.12. Those provisions indicate the Act is intended to be integrated with existing court rules and may replace or reallocate media access functions previously located elsewhere. The Act’s practical operation depends on harmonisation through rules and consequential amendments.
Temporal and jurisdictional boundaries:
The Act provides specific temporal rules for when certain materials move between open and restricted categories. For example, a police fact sheet summarising the prosecution’s case is open access except where proceedings have been set down for trial by jury and have not concluded, in which case it is restricted (s 5(1)(c); s 6(2)(d)). Voir dire materials are restricted (s 6(2)(c)), and certain materials related to applications to prohibit publication are restricted while proceedings on the application are pending (s 6(2)(g)). The Act’s temporal qualifications interact with other laws that may apply at specific times.
Net effect on legal relationships:
The Act sets an access hierarchy that must be read alongside other statutory and judicial restrictions. Where another law or order restricts publication, that instrument prevails and the Act’s entitlements do not create a right to contravene higher prohibitions (s 13). The exclusion of the two privacy Acts from this process (s 16) narrows the statutory privacy overlay but the Act itself imposes substantive privacy-protective duties (s 18) and creates criminal and regulatory consequences for misuse (ss 20-21). The Act therefore operates in a carefully specified relationship with other laws: it creates a tailored access regime that is subordinate to prior court orders and other laws that explicitly restrict publication, but additionally it removes two privacy statutes from applying to court-provided access while imposing its own privacy-related duties.
Amendment history
The text includes internal amendment notes and a Schedule of consequential amendments. The Act therefore has recorded changes and linked amendments to other instruments. The explicit amendment references in the text are:
Section 4 contains a note attesting to amendments to that section: "s 4: Am 2016 No 48, Sch 2.10; 2023 No 41, Sch 2.10." This indicates that the definitions section has been amended at least twice, in 2016 and 2023, and that the amendments are recorded in the relevant schedules of those amending Acts. The Act text furnished here reproduces the current wording including those amendments.
Schedule 2 is titled Amendments and lists legislative instruments that have been consequentially amended by the Act, including:
Criminal Procedure Act 1986 No 209 (sch.2-sec 2.1)
It records that section 314 ("Media access to court documents") is omitted (sch.2-sec "Section 314 Media access to court documents", "Omit the section").
It records omission of Rule 8.10 (sch.2-sec-oc.2).
It records changes to Rule 36.12, omitting subrule (2) and altering subrule (3) text (Schedule 2 items 1 and 2).
Schedule 1, Part 1(1)-(3) and Part 2 provide that regulations may contain savings and transitional provisions consequential on enactment and that such provisions may be given retrospective effect to the date of assent subject to the protection of existing rights (Schedule 1, Part 1). Schedule 1 Part 2(2) notes section 18 (Personal identification information) does not apply in respect of a court record created before the commencement of that section, a transitional saving for redaction obligations.
The Act imposes a mandatory statutory review: the Minister must review whether the policy objectives remain valid and whether the terms remain appropriate as soon as possible after two years from assent and table a report within 12 months thereafter (s 28(1)-(3)). That review provision may have led to, or will lead to, legislative amendments although the text provided does not contain the review outcomes.
The available text shows internal record of amendments and linked rule changes, but it does not provide the full content of the amending Acts, the 2016 and 2023 amending instruments, nor text of the omitted rule sections; it only records their omission and the alteration to rules. The Act’s operation therefore depends on subordinate instruments produced under ss 25 and 26 and the consequential changes recorded in Schedule 2.
Litigation history
The Act text supplied contains no reported case law, judicial interpretations or litigation history. It does not cite judicial decisions, nor does it identify any precedent applying or construing its provisions.
Because the text contains no cases or judicial commentary, the statute itself is the sole source for statutory meaning and the operative rules in this deep dive. Any judicial construction of terms such as "maximum extent reasonably practicable" in s 18(1), "unreasonable diversion of the court’s resources" in s 14(4)(a), or the factors listed in s 9(2) would come from case law not contained in the supplied instrument. Users requiring authoritative interpretation should consult reported decisions, practice notes and rules made under the Act for operational detail; none of that material is present in the Act text provided.
The absence of litigation history in the source means the Act’s practical application, including disputes over classification of information, disclosure conditions, and the boundaries between this Act and other laws (notably the two privacy Acts excluded by s 16) will be matters for courts, registrars and administrative procedures, and potentially subject to judicial review or appeals under ordinary channels. That litigation record, however, is outside the scope of the current text.
Gotchas
The Act contains several drafting features and operational tensions that can produce unexpected outcomes if not anticipated. These are practical "watch outs" grounded in the statutory language.
Privacy Acts excluded but internal privacy duties remain (s 16, s 18)
The Act expressly excludes the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002 from applying to the providing of access under this Act (s 16). That exclusion does not remove the duty on courts to ensure open access records do not contain personal identification information to the maximum extent reasonably practicable (s 18(1)). Practitioners should not assume a blanket absence of privacy obligations; the Act creates its own privacy-flavoured duty and a reasonableness standard in s 18.
"Maximum extent reasonably practicable" is resource-sensitive (s 18(1))
The redaction duty in s 18(1) is framed by a reasonableness standard. The court may therefore balance practicability against resources. That interacts with s 14(4)(a) permitting refusal where providing access would require "an unreasonable diversion of the court’s resources." A court can decline to provide or to redact where court resources are constrained, but must be able to articulate the resource-based rationale.
Media entitlement is defined narrowly; independent or non-commercial outlets may fall outside (s 10(5))
"News media organisation" is defined as a commercial enterprise that engages in broadcasting or publishing news or a public broadcasting service that uses a public news medium (s 10(5)). That definition could exclude non-commercial, online-only, citizen-journalist or advocacy platforms, which may be consequential because s 10 gives media specific entitlements to restricted information.
Temporal shifts between open and restricted categories
Some documents change classification depending on proceedings’ status. For example, police fact sheets are open access except when proceedings are set down for trial by jury and have not concluded (s 5(1)(c); s 6(2)(d)). Voir dire materials are restricted (s 6(2)(c)). Timing of access applications matters; material available before trial may become restricted during trial.
Conditions on access are narrowly defined but enforceable (s 9(5), s 21)
Conditions imposed under the Act can only relate to the way access is provided or restrict disclosure/use (s 9(5)). Recipients who knowingly breach conditions face penalties (s 21). Courts and regulators can therefore craft precise conditions; recipients must be alert to those limits and consequences.
Civil protections for providers do not immunise publishers (s 23)
Section 23 protects the Crown, courts and court officers and suppliers of records from defamation or breach of confidence actions arising from disclosures made pursuant to entitlement (s 23(1)), but it explicitly states that providing access does not constitute authorisation of publication for defamation or breach of confidence purposes (s 23(2)). The consequence is that a party providing access is shielded, but a third-party publisher may remain liable under common law.
Delegation and variation of practice at court level
Senior judicial officers may direct registrars or officers to exercise functions under the Act (s 22(1)). This delegation power, together with rule-making authority in s 25, may produce variation in operational practice across courts, despite the Act’s object to promote consistency (s 3(a)). Users should check court-specific practice and published privacy measures (s 17).
Fees and access refusal interact
The Act permits charging fees and permits regulations to set maximums or waivers (s 15). Courts can refuse access where providing it would unreasonably divert resources (s 14(4)(a)). A combined effect may be that courts use fee structures and resource standards to manage demand. Fee regulation detail is in subordinate instruments, not in the principal Act.
Inconsistency with other laws prevents entitlement
Section 13 provides that there is no entitlement under the Act where providing access would contravene any other Act or court order restricting publication or disclosure. Users must search for any such orders or statutory prohibitions before relying on the Act for access.
Criminal liability attached to court officers but good-faith disclosure is protected (s 20)
Court officers face a potential prison term and monetary penalty for unauthorised disclosure (s 20), but the Act deems good-faith disclosure authorised if the officer reasonably believes the Act permits or requires the access (s 20(3)). Training and record-keeping for registries will be necessary to secure that protection.
Schedule and transitional carve-outs
Section 18 is saved for pre-existing records by Schedule 1 Part 2(2). That means records created before commencement of s 18 are not subject to the redaction duty. Practitioners dealing with archival records should note this temporal saving.
Operational dependency on rules and regulations
Many practical mechanisms depend on rules and regulations (fees, procedures, forms, delegated powers). Until those instruments are published and harmonised across courts, practice variability and uncertainty may persist.
These gotchas emphasise that legal entitlement under the Act is conditional, temporally sensitive and operationally dependent on subordinate instruments and court-level practice. Practitioners should review court rules, published privacy measures and transitional regulations when acting under the Act.
How to comply
This section provides actionable, source-grounded steps for courts, court officers, parties, media organisations and other requestors to comply with the Act’s duties and to use its entitlements. Each step cites the relevant statutory provision.
For courts and registry administrators
Establish published privacy protection information (s 17).
Publish on the court website, or by other appropriate means, general information that explains (a) that information provided by parties may be accessed by others under the Act and (b) the court’s practices and procedures for preventing or limiting access to personal information (s 17). Update content when rules or practice change.
Implement security safeguards (s 19).
Take reasonable safeguards to protect court records from misuse and unauthorised access, use or disclosure. Maintain access logs and role-based permissions for electronic records to demonstrate reasonableness if contested.
Develop redaction and filing procedures (s 18).
Ensure procedures to remove personal identification information from open access records to the maximum extent reasonably practicable (s 18(1)). Use rules-making power to allow filing redacted records or separate records (s 18(2)(b)). Create a template workflow to assess "reasonably practicable" and to record resource considerations where full redaction is impracticable (keeping in mind s 14(4)(a) on resource diversion).
Adopt clear processes for access requests (s 14, s 25(2)(b)).
Provide forms and published procedures for access applications via rules and forms (s 25(2)(b), (e)). Offer inspection, copies and other means of access, and consider the requestor’s preferred method (s 14(1)-(2)). Implement a triage system to determine whether requested materials are open or restricted.
Apply and record conditions and refusals (ss 8(2), 9(3), 14(3)-(4)).
When imposing conditions on access, ensure they relate only to the way access is provided or to restrict disclosure or use (s 9(5)). If refusing access for resource reasons, document why providing access would cause an unreasonable diversion of court resources (s 14(4)(a)).
Train staff on unauthorised disclosure risks and good-faith protection (s 20).
Educate court officers about s 20 prohibitions and the good-faith deeming protection in s 20(3). Maintain decision records showing why a disclosure was permitted or required under the Act to support the deeming protection.
Delegate functions via instrument where appropriate (s 22).
Senior judicial officers should consider delegating registry functions relating to access by instrument in writing (s 22(1)), and ensure delegated officers understand rule-based functions (s 22(2)).
For parties and legal representatives
Use entitlement to access relating to proceedings (s 11).
Parties and their legal representatives are entitled to access material relating to proceedings, including after conclusion (s 11(1), (4)). When seeking restricted access as a non-party, apply for leave under s 9.
File redacted materials when appropriate (s 18(2)(b)).
To comply with s 18 and limit the court’s redaction burden, consider filing documents with personal identification information removed or placed in a separate sealed record as provided for by rules (s 18(2)(b)).
Respect conditions and confidentiality obligations (s 21).
Do not disclose or use accessed material contrary to any known conditions of access. Knowingly breaching conditions attracts a penalty (s 21).
Check for other statutory prohibitions or court orders (s 13).
Before publishing material or publicising content obtained from court records, check for orders or other laws that prohibit disclosure; the Act’s entitlements do not override such orders (s 13).
For media organisations and journalists
Confirm media status under s 10(5) and apply carefully.
Verify whether the organisation qualifies as a "news media organisation" for the s 10 entitlements. If uncertain, treat access as subject to leave under s 9 or seek clarification from the court.
Use the media entitlement for specified categories (s 10(1)).
Media entitlement covers transcripts of closed court, voir dire material after conclusion in the primary hearing, materials from publication-restriction applications, briefs of evidence and records that are written or readily reproducible in written form (s 10(1)(a)-(f)). Seek conditions from the court where required.
Do not publish personal identification information without permission (s 10(3)).
A media organisation must not publish personal identification information obtained under s 10 without court or person permission. The maximum penalty is 250 penalty units (s 10(3)). Obtain explicit permission or anonymise content.
For members of the public seeking restricted records
Apply for leave under s 9(1) or check the regulations for permitted access.
Restricted access information is available only by leave of the court or under regulations (s 9(1)). Prepare submissions that address the factors listed in s 9(2) when applying for leave: public interest, open justice impact, privacy and safety, administration of justice, the applicant’s interest, reasons for access and other relevant matters.
Anticipate conditions and limits.
Expect the court to impose conditions framed around how access is provided and restrictions on disclosure/use (s 9(5)). Be ready to accept redacted versions in accordance with s 18(2)(a).
On fees and cost recovery
Anticipate fees but check regulations for maximums and waivers (s 15).
The Act permits fees for access and allows the regulations to set maximums and waiver mechanisms (s 15(2)). Requestors should check published fee schedules before applying.
Operational checklist for courts to demonstrate compliance
Maintain public privacy guidance (s 17).
Keep a redaction policy aligned with s 18 that documents steps taken and rationale for "reasonably practicable".
Maintain logs of access requests, conditions imposed, and resource-based refusals (s 14(4)(a)-(b)).
Implement access forms and procedures through rules (s 25(2)(b)-(e)).
Conduct staff training and record-keeping to evidence reasonable security safeguards (s 19) and to support good-faith disclosures under s 20(3).
Coordinate with the Uniform Rules Committee and responsible minister for fee, form and practice settings (ss 15, 25, 26), and prepare for the statutory review under s 28.
These steps are grounded in the Act’s text and aim to operationalise the statute’s duties while minimising resource risks and legal exposure. They focus on practical record-keeping, transparency and rule-compliant processes to enable both access and protection mandated by the Act.
(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.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
s 4: Am 2016 No 48, Sch 2.10; 2023 No 41, Sch 2.10.
5 Open access information
5 Open access information
5 Open access information
Note—
An entitlement to access to open access information under this Act is subject to other laws or court orders that prohibit or restrict the publication or disclosure of court information. See section 13.
(1) Criminal proceedings Information contained in the following court records relating to criminal proceedings is open access information—
(a) an indictment, court attendance notice or other document commencing proceedings,
(b) written submissions made by a party to proceedings,
(c) a police fact sheet, statement of facts or any similar document summarising the prosecution’s case, but not if the proceedings have been set down for trial by jury and have not concluded,
Note—
This information is restricted access information after proceedings have been set down for jury trial and during the trial. See section 6 (2) (d).
(d) a transcript of proceedings in open court,
(e) statements and affidavits admitted into evidence in proceedings, including expert reports,
(f) a record of any judgment given and any direction given or order made in proceedings, including in connection with case management and court listing of proceedings and including a record of a conviction in criminal proceedings,
(g) 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,
(h) such other records as may be prescribed by the regulations.
(2) Civil proceedings Information contained in the following court records relating to civil proceedings is open access information—
(a) originating process and pleadings in proceedings, but only after the stage in proceedings when the court first has an opportunity to consider any objection by the parties to the inclusion of any information in the originating process or pleadings (including in any cross-claim) or the proceedings have concluded, whichever happens first,
(b) any notice filed by a party to proceedings,
(c) written submissions made by a party to proceedings,
(d) a transcript of proceedings in open court,
(e) statements and affidavits admitted into evidence in proceedings, including expert reports,
(f) a record of any judgment given and any direction given or order made in proceedings, including in connection with case management and court listing of proceedings,
(g) 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,
(h) such other records as may be prescribed by the regulations.
6 Restricted access information
6 Restricted access information
6 Restricted access information
(1) Any court information that is not open access information is restricted access information.
(2) In addition, the following information that would otherwise be open access information is restricted access information—
(a) personal identification information,
(b) information contained in an affidavit, pleading or statement that has been rejected, struck out or otherwise not admitted,
(c) information contained in a transcript of, and statements and affidavits admitted into evidence (including expert reports) in, proceedings on a voire dire,
(d) a police fact sheet, statement of facts or any similar document summarising the prosecution’s case in proceedings set down for trial by jury, but only after the proceedings have been set down for trial by jury and until the proceedings are concluded,
Note—
This information is open access information before the proceedings are set down for trial by jury and after the proceedings are concluded.
(e) information contained in a statement that comprises a medical, psychiatric, psychological or pre-sentence report, except information contained or summarised in a judgment given or orders made in proceedings,
(f) information contained in a statement of a person’s criminal record, except information contained or summarised in a judgment given or orders made in proceedings,
(g) information contained in a transcript of, and statements and evidence admitted into evidence in, proceedings on an application to a court for an order to prohibit or restrict the publication or disclosure of information, but only while proceedings on the application are pending,
Note—
If the proceedings result in the making of an order prohibiting or restricting the publication or disclosure of information, section 13 may prevent access to the information.
(h) information contained in a victim impact statement, other than information contained in a transcript of proceedings in open court or in a record of any judgment given or order made in proceedings,
(i) information contained in a letter of comfort provided by or on behalf of the prosecution in connection with criminal proceedings, other than information contained in a transcript of proceedings in open court or in a record of any judgment given or order made in proceedings.
7 Conclusion of proceedings
7 Conclusion of proceedings
7 Conclusion of proceedings
(1) Civil proceedings are concluded when judgment is given or entered in the substantive proceedings or the substantive proceedings are withdrawn, dismissed or discontinued.
(2) Criminal proceedings are concluded when the accused person is discharged or acquitted or the court makes a finding (or accepts a plea) that the accused person is guilty. If an accused person convicted of an offence is to be sentenced, the proceedings are not concluded until sentence has been imposed.
(3) The committal of an accused person for trial or sentence at the conclusion of committal proceedings is not the conclusion of the criminal proceedings of which the committal proceedings form part.
(4) Proceedings in respect of bail are concluded when they are finally disposed of, including by being withdrawn, dismissed or discontinued.
(5) An appeal against a decision in proceedings does not prevent the proceedings being regarded as concluded. Proceedings on the appeal are to be regarded as separate proceedings and a pending appeal does not prevent the decision appealed against constituting the conclusion of the earlier proceedings.
Part 2 Entitlement to access to court information
Part 2 Entitlement to access to court information
Part 2 Entitlement to access to court information
Note—
An entitlement to access to court information under this Act is subject to other laws or court orders that prohibit or restrict the publication or disclosure of court information. See section 13.
This Act applies only to the providing of access to court information by courts. It does not prevent prosecuting authorities or a party to proceedings from giving access to documentary or physical exhibits returned at the conclusion of proceedings.
8 Access to open access information
8 Access to open access information
8 Access to open access information
(1) Any person is entitled to access to court information that is open access information unless the court otherwise orders in a particular case.
(2) The court may in a particular case impose conditions on the way in which access to court information is to be provided under this section or that restrict the disclosure or use of court information to which access is provided under this section.
9 Access to restricted access information
9 Access to restricted access information
9 Access to restricted access information
(1) A person is entitled to access to court information that is restricted access information if access is permitted—
(a) by leave of the court, or
(b) by the regulations.
(2) In deciding whether to grant leave for access to information under this section, a court may take the following matters into account to the extent to which it considers them relevant—
(a) the public interest in access to the information being provided,
(b) the extent to which the principle of open justice will be adversely affected if access is not provided to the information,
(c) the extent to which an individual’s privacy or safety will be compromised by providing access to the information,
(d) the extent to which providing access to the information will adversely affect the administration of justice,
(e) the extent of the person’s interest or involvement in the proceedings or other matter to which the information relates,
(f) the reasons for which access is sought,
(g) such other matters as the court considers relevant in the particular circumstances of the case.
(3) A court can impose conditions on access granted by leave of the court under this section.
(4) The regulations can impose conditions on access conferred by the regulations under this section.
(5) Conditions imposed under this section by the court or the regulations can only relate to the way in which access is to be provided or restrict the disclosure or use of information to which access is provided.
10 News media access to restricted access information
10 News media access to restricted access information
10 News media access to restricted access information
(1) A news media organisation is entitled to access to any of the following court information that is restricted access information unless the court otherwise orders in a particular case—
(a) information contained in a transcript of proceedings in closed court,
(b) information contained in a transcript of, and statements and affidavits admitted into evidence in, proceedings on a voire dire, but only after the conclusion of the proceedings in the course of which the voire dire proceedings are held,
(c) information contained in a transcript of, and statements and evidence admitted into evidence in, proceedings on an application to a court for an order to prohibit or restrict the publication or disclosure of information,
Note—
Information in a court record referred to in paragraph (c) is restricted access information only during the proceedings. After the proceedings are concluded, the information will be open access information but entitlement to access will be subject to any order restricting or prohibiting publication or disclosure that results from the proceedings.
(d) information contained in a court record if the only restricted access information the record contains is personal identification information,
(e) information contained in the brief of evidence in criminal proceedings,
(f) information contained in a record admitted into evidence that is a document in written form or that can rea
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