Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

RECORDS OF OFFENCES (ACCESS) ACT 1981 - SECT 8

Right to apply to magistrate for an order directing prescribed record to be produced for inspection or correction
(1)  Where –
(a) a person has made an application to a recording authority under section 6 but the request in the application has been refused or has not been complied with within the permitted time; or
(b) a person has made such an application and the recording authority has complied with the request in the application but the person is dissatisfied with the contents of the notice given by the authority in response to the request –
he may, in accordance with the rules, apply to a magistrate for an order directing the recording authority to produce its prescribed records for the inspection of the magistrate.
(2)  Where a person served with a notice referred to in section 7 (3) is dissatisfied with the contents of the notice on the ground that –
(a) no amendment to the prescribed record relating to him has been made; or
(b) such an amendment has been made but the prescribed record is, in his opinion, still incorrect –
he may, in accordance with the rules, apply to a magistrate for an order directing the recording authority concerned to make such amendment as may be necessary to correct that record.
(3)  The recording authority concerned shall be the respondent to an application made under subsection (1) or (2) and shall be entitled –
(a) to receive a copy of the application; and
(b) to be heard at the hearing of the application by the magistrate.
(4)  Subject to subsection (5) , the hearing of an application made under subsection (1) or (2) shall be in accordance with the rules.
(5)  Except with the agreement of the applicant, no person other than the magistrate, the clerk, the parties and their legal representatives, witnesses, and any other person of a class or description prescribed in the rules for the purpose of this subsection shall be entitled to be present at the hearing of an application made under subsection (1) or (2) .
(6)  On the hearing of an application made under subsection (1) , the magistrate shall, if he –
(a) is satisfied that the recording authority has refused the request referred to in that subsection unjustifiably or has failed to comply with that request; or
(b) is of the opinion that the authority's purported compliance with the request is unsatisfactory in some respect –
make the order in the terms applied for, but if he is not so satisfied or of that opinion, he shall refuse the application.
(7)  On compliance by a recording authority with an order made under subsection (6) , the magistrate shall peruse the prescribed records kept by the authority and, if satisfied that those records include a prescribed record relating to the person on whose application the order was made, make a further order directing the authority to produce that record to that person for his inspection and to comply with such other directions as may be specified in the order.
(8)  In making an order under subsection (7) , the magistrate may direct that the order need not be complied with unless the applicant complies with such conditions as may be specified in the order.
(9)  On the hearing of an application made under subsection (2) , the magistrate shall, if satisfied that the prescribed record to which the application relates is incorrect, make an order in the terms applied for, but if he is not so satisfied he shall refuse the application.
(10)  Where a magistrate makes an order under any of the preceding provisions of this section, he may also make such ancillary orders as he considers necessary to give effect to the order.
(11)  Where at a hearing a magistrate makes an order under this section, the recording authority to which the order relates shall comply with the directions of the order –
(a) if that authority appears at the hearing as respondent – within 7 days after the date on which the order is made; or
(b) if that authority does not so appear – within 7 days after the date on which the order or a copy of the order is served on it.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback