Queensland Consolidated Regulations

CRIMINAL PRACTICE RULES 1999 - REG 57

57 Access to court files

(1) For the purposes of this rule, the
"court file" for a proceeding consists of each of the following for the proceeding—

(a) the indictment;

(b) any particulars in writing provided to the court;

(c) the order sheet;

(d) the transmission sheet;

(e) any application in writing filed or made to the court;

(f) any affidavit filed or provided to the court;

(g) any written submissions or outline of submissions filed or provided to the court;

(h) any order or draft order of a judge or magistrate of the court;

(i) any other document required or permitted to be filed under these rules or an Act;

(j) any other document directed to be filed, or placed on the file held by the registry, by the court;

(k) the verdict and judgment record.

(2) To remove any doubt, it is declared that the
"court file" for a proceeding does not include any of the following for the proceeding—

(a) a transcript, other than a transcript that has been directed to be placed on the file held by the registry;

(b) an exhibit;

(c) a document marked for identification;

(d) a pre-sentence report or other report to the court, other than a report that has been directed to be placed on the file held by the registry;

(e) the appeal record book or subsequent appeal record book;

(f) a document that, under a practice direction, does not form part of the court file;

(g) any other document put on or with the file held by the registry.

(3) A person may, on payment of the fee prescribed by regulation, search for, obtain a copy or certified copy of, or inspect all or part of a document on the court file for a proceeding.

(4) Subrule (3) does not apply to any part of a document for a proceeding that contains or reveals details of a jury for the proceeding.

(5) If a court file contains a document mentioned in subrule (4) for a proceeding, a person may, on payment of the fee prescribed by regulation, obtain from the proper officer of the court a copy or certified copy of the document, other than the parts of the document that contain or reveal details of a jury.

(6) Subrules (3) and (5) —

(a) apply subject to—

(i) any order restricting access to the court file for a proceeding; and

(ii) the court file being required for the court’s use; and

(b) do not apply in relation to a document ordered to be sealed; and

(c) do not apply in relation to a document, other than any of the following documents for the proceeding, that contains or reveals the identity of a protected person—

(i) the order sheet;

(ii) any order or draft order of a judge or magistrate of the court;

(iii) the verdict and judgment record; and

(d) do not apply in relation to any of the following documents until the proceeding is a concluded trial—

(i) an application under the Criminal Code , section 590AA ;

(ii) an outline of argument, affidavit or other document filed in relation to an application mentioned in subparagraph (i) .

(7) If a party files a document that contains or reveals the identity of a protected person, including in court, the party must notify the court of that fact at the time of presenting the document for filing.

(8) If a person mentioned in subrule (3) or (5) is a party to the proceeding to which the court file relates or the party’s lawyer for the proceeding—

(a) subject to paragraph (b) , this rule applies to the person without the requirement that the person pay the prescribed fee; and

(b) subrule (6) (c) and (d) does not apply.

(9) If a person mentioned in subrule (3) or (5) is a relevant court or tribunal, or a registry official of a relevant court or tribunal, this rule applies to the person without the requirement that the person pay the prescribed fee.

(10) Subrules (3) and (5) do not apply if making the copy or certified copy available may risk a person’s safety or wellbeing, including, for example, the person’s mental health.

(11) For subrule (6) , the question of whether subrule (3) or (5) applies must be decided by—

(a) if a person requests the question be decided by a judge or magistrate of the court—a judge or magistrate of the court; or

(b) if the proper officer of the court considers the question should be decided by a judge or magistrate of the court—a judge or magistrate of the court; or

(c) otherwise—the proper officer of the court.

(12) In this rule—

"protected person" means a person whose identity is subject to a restriction on publication under—

(a) the Child Protection Act 1999 , section 189 , 192 (b) or 194 ; or

(b) the Criminal Law (Sexual Offences) Act 1978 , section 10 ; or

(c) the Youth Justice Act 1992 , section 301 ; or

(d) another Queensland Act or a law of the Commonwealth.

"registry official" , of a relevant court or tribunal, means a registrar, clerk of the court or other officer (however described) of the relevant court or tribunal.

"relevant court or tribunal" means—

(a) the Federal Circuit and Family Court of Australia (Division 1); or

(b) the Federal Circuit and Family Court of Australia (Division 2); or

(c) the Family Court of Western Australia; or

(d) another court or tribunal of a State.