46Access to court records

### 46 Access to court records > > (1)  In this section – > > > > > ***record of proceedings*** includes – > > > > > > > > (a) a written transcript of the proceedings; and > > > > > > > > > (b) the documents in the court file for the proceedings; and > > > > > > > > > (c) an appeal book in relation to the proceedings. > > > (2)  A person may not have access to the record of proceedings in the court or the Supreme Court in relation to a proceeding under this Act or an appeal under the [Magistrates Court (Children's Division) Act 1998](/view/html/inforce/2026-04-12/act-1998-001) under [section 25](#GS25@EN) or [section 30](#GS30@EN) unless the court or Supreme Court, respectively, has, on application by the person, given approval to the access. > > > (3)  Only the following persons may apply to a court for approval to the access to a record in proceedings referred to in [subsection (2)](#GS46@Gs2@EN) in relation to a child: > > > > > > (a) the child; > > > > > > > (b) a birth parent; > > > > > > > (c) an intended parent; > > > > > > > (d) the Attorney-General. > > > (4)  The court may give access to all or part of the record of proceedings. > > > (5)  The court may only give access, to all or part of a record of proceedings, to a child to whom the proceedings relate if the court sights a relevant document in relation to the child. > > > (6)  For the purposes of [subsection (5)](#GS46@Gs5@EN) , a relevant document in relation to a child is – > > > > > > (a) if the child is resident in Tasmania, a statutory declaration signed by a person who is an accredited counsellor; or > > > > > > > (b) if the child is not resident in Tasmania, a statutory declaration, or its equivalent in the jurisdiction in which the child is resident, signed by a person who is, in the opinion of the court, a suitable person to provide counselling in respect of surrogacy arrangements – > > > > stating that the child has received from the person counselling in relation to the surrogacy arrangement in relation to the child. > > > (7)  [Subsection (5)](#GS46@Gs5@EN) does not apply in relation to a child if the court is satisfied that the child knows the name of his or her birth parents.