sec.5BAvailability of copies of records and transcriptions

### sec.5B Availability of copies of records and transcriptions The chief executive must ensure appropriate arrangements are in place to ensure the availability to any person, by purchase or otherwise, of— copies of records under this Act; and copies of transcriptions of records under this Act. Subsection (1) does not apply to the extent that, under this or another Act or under an order of a court or judicial person, a copy of a record or transcription must not be made available to a person. The arrangements must include arrangements for providing copies of records or transcriptions on request— to judicial persons at no cost; and to other persons, at no cost or at a cost that is less than the amount that would otherwise be payable, in accordance with the entitlements prescribed under a regulation. The chief executive may put in place arrangements for providing copies of records or transcriptions to the Supreme Court Library Committee established under the Supreme Court Library Act 1968 , at no cost, for the purposes of enabling the committee to maintain and administer QSIS under that Act. However, despite an arrangement put in place under subsection (4) , the chief executive must not provide to the Supreme Court Library Committee copies of the following records or transcriptions— any part of a record under this Act of a criminal proceeding that has been made while the court is closed under a provision of an Act, or an order made under a provision of an Act requiring the court to be closed; any part of a record under this Act of a criminal proceeding if the court makes an order prohibiting access to, or the disclosure or publication of, the part. The chief executive may delegate, to an appropriately qualified officer of the department, a function of the chief executive under this section. Under a regulation made under subsection (3) (b) , the chief executive may have a function of making a decision about whether a person qualifies for an entitlement to a free copy of a transcription. This section does not apply in relation to a legal proceeding mentioned in section 5C or 6 . In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the function. function includes a power. s 5B ins 2013 No. 3 s 50 amd 2013 No. 25 s 171 ; 2023 No. 9 s 33 (sec.5B-ssec.1) The chief executive must ensure appropriate arrangements are in place to ensure the availability to any person, by purchase or otherwise, of— copies of records under this Act; and copies of transcriptions of records under this Act. (sec.5B-ssec.2) Subsection (1) does not apply to the extent that, under this or another Act or under an order of a court or judicial person, a copy of a record or transcription must not be made available to a person. (sec.5B-ssec.3) The arrangements must include arrangements for providing copies of records or transcriptions on request— to judicial persons at no cost; and to other persons, at no cost or at a cost that is less than the amount that would otherwise be payable, in accordance with the entitlements prescribed under a regulation. (sec.5B-ssec.4) The chief executive may put in place arrangements for providing copies of records or transcriptions to the Supreme Court Library Committee established under the Supreme Court Library Act 1968 , at no cost, for the purposes of enabling the committee to maintain and administer QSIS under that Act. (sec.5B-ssec.5) However, despite an arrangement put in place under subsection (4) , the chief executive must not provide to the Supreme Court Library Committee copies of the following records or transcriptions— any part of a record under this Act of a criminal proceeding that has been made while the court is closed under a provision of an Act, or an order made under a provision of an Act requiring the court to be closed; any part of a record under this Act of a criminal proceeding if the court makes an order prohibiting access to, or the disclosure or publication of, the part. (sec.5B-ssec.6) The chief executive may delegate, to an appropriately qualified officer of the department, a function of the chief executive under this section. Under a regulation made under subsection (3) (b) , the chief executive may have a function of making a decision about whether a person qualifies for an entitlement to a free copy of a transcription. (sec.5B-ssec.7) This section does not apply in relation to a legal proceeding mentioned in section 5C or 6 . (sec.5B-ssec.8) In this section— appropriately qualified includes having the qualifications, experience or standing appropriate to exercise the function. function includes a power. - (a) copies of records under this Act; and - (b) copies of transcriptions of records under this Act. - (a) to judicial persons at no cost; and - (b) to other persons, at no cost or at a cost that is less than the amount that would otherwise be payable, in accordance with the entitlements prescribed under a regulation. - (a) any part of a record under this Act of a criminal proceeding that has been made while the court is closed under a provision of an Act, or an order made under a provision of an Act requiring the court to be closed; - (b) any part of a record under this Act of a criminal proceeding if the court makes an order prohibiting access to, or the disclosure or publication of, the part.