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A HANDBOOK FOR MEDIA REPORTING IN SOUTH AUSTRALIAN COURTS
Media and Communications Branch
Courts Administration Authority
Correct as at 12 August 2008
introduction
This booklet is for media representatives reporting on the work of the courts in South Australia.
This booklet does not contain legal advice. If you are in doubt about how best to report an issue or case, obtain independent legal advice.
Information for media reporting on the work of the courts is also available on the Courts Administration Authority web site, at on For Media).
Compiled and written by Sylvia Kriven
Communications Manager
Courts Administration Authority
Updated on 12 August 2008 by Terry Anderson
Defacto amendment inserted 5 November 2009
Media and Communications Manager
TABLE OF CONTENTS
INTRODUCTION 2
TABLE OF CONTENTS 3
THE RULE OF LAW 4
THE COURTS 4
Supreme Court of South Australia 4
District Court of South Australia 5
Magistrates Court of South Australia 5
Specialist Courts of the Magistrates Court 6
Environment, Resources and Development Court of South Australia 6
Youth Court of South Australia 7
Coroner’s Court of South Australia 7
Industrial Court of South Australia 7
IN THE COURTROOM 8
Judges and magistrates 8
Court staff 8
Others (jurors, witnesses, counsel) 8
Titles 9
COURT PROCESSES 9
REPORTING HEARINGS10
Open and closed courts10
Conduct in court11
Contempt, defamation and privilege11
Limitations on reporting11
Suppression orders12
Other statutory limitations12
Other legislation13
MEDIA ACCESS15
Medialiaison and facilities15
Case lists15
Access to court files and evidence (exhibits, statements)16
Filming17
Sound recording18
Sketching19
GENERAL INFORMATION19
Complaints19
Security and emergency procedures19
CONTACTS20
Appendix A: Process flow charts
Appendix B: Legislation governing access to evidence
THE RULE OF LAW
At its simplest, the rule of law means that every person and organization, including the government, is subject to the law, that is, no-one is above the law.
SEPARATION OF POWERS
The Australian system of government incorporates a separation of powers such that independent branches or arms of government exercise the legislative (law making), executive (administrative) and judicial functions. The independence of the judiciary from the other two institutions protects the freedom and rights of individuals.
THE COURTS
There are two sources of law in Australia, statute law (legislation) and common law (judge-made law). These are further categorised into criminal and civil. The courts decide cases in accordance with the law.
The courts operate within a hierarchy. This means that lower courts must abide by authority on points of law reached by higher courts.
The highest court in Australia is the High Court of Australia. It can deal with both Commonwealth and State matters. The High Court is located in Canberra but hears matters in Adelaide for one week of every year.
In South Australia, the State Courts are the Supreme Court, District Court, Magistrates Court, Environment Resources and Development Court, the Youth Court, Coroners Court and the Industrial Court.
South Australia also has Commonwealth courts. These are the Federal Court of Australia, the Family Court of Australia and the Federal Magistrates Service. The Federal Court deals only with matters related to Commonwealth law.
The Courts Administration Authority is independent of the legislative and executive arms of the government, and provides administrative support to the State’s judiciary.
Supreme Court of South Australia
The Supreme Court is the superior court in South Australia. The Chief Justice of South Australia is the principal judicial officer.
The Court deals with civil claims and serious criminal charges.
The Supreme Court also has an appellate jurisdiction, meaning that it hears appeals from decisions made in civil and criminal cases by judges of the Supreme Court, by judges of the District Court and by magistrates. Appeals are also heard from boards and tribunals.
When the Supreme Court sits with two or more judges (usually three) to decide cases it is described as the Full Court. Appeals against decisions of the District Court or a single judge of the Supreme Court are decided by the Full Court. Also, certain applications must be made to the Full Court, but these are relatively rare. Other appeals are heard before a single judge.
The Full Court of the Supreme Court is a court where three or more judges sit together to hear appeals from decisions of lower courts relating to civil matters.
The Court of Criminal Appeal is a court where three or more judges sit together to hear appeals from decisions in criminal cases. The Court hears both appeals against sentence and appeals against conviction.
The Full Court of the Supreme Court and the Court of Criminal Appeal are the highest courts to which a person may appeal in South Australia. To further appeal a party must seek special leave to appeal to the High Court of Australia.
The Supreme Court Library is open to members of the public between 9am and 5pm daily. The library is on level 2 of the Supreme Court library building, with access via Gouger Street, ph 8204 0488.
Registries - the Supreme Court Civil Registry is located on the ground floor of the Sir Samuel WayBuilding, Victoria Square. It is open from 9.30am to 4.30pm, ph 8204 0289. The Probate Registry is located at the rear of Courtroom 11, Supreme Court Building, with entry off King William Street, and operates from 9.30am to 4.30pm, ph 8204 0505. The Supreme Court Criminal and District Court Criminal Registries are combined and is located on the ground floor of the Sir Samuel Way Building, Victoria Square. The registry hours are from 9.30am to 4.30pm, ph 8204 0289.
District Court of South Australia
The District Court is the principal trial court in South Australia. The Chief Judge is the principal judicial officer and is responsible for its administration. The Court’s work is in four areas: criminal, civil, administrative and disciplinary, and criminal injuries. Except for Probate, Admiralty and Judicial Review, the civil jurisdiction of the Court is the same as the Supreme Court. The District Court hears serious criminal matters except for offences related to murder and treason (which can only be heard by the Supreme Court). It also handles criminal injuries compensation claims.
The District Court deals with administrative and disciplinary matters through statutory tribunals, such as the Medical Practitioners’ Professional Conduct Tribunal and the Equal Opportunity Tribunal and also deals with matters brought to the Court under specific Acts, for example, the Guardianship and Administration Act, Mental Health Act, Consumer Credit Act, Land Agents Act and Security and Investigation Agents Act. In some of these cases the judge sits with assessors who are experts in the field.
In civil matters the Court sits in the Sir Samuel Way Building (SSWB) and conducts circuits regularly at MountGambier and Berri, and at Port Pirie, Whyalla and Port Lincoln as required. It also conducts circuits at MountGambier and Port Augusta in its criminal jurisdiction.
Registries - The District Court Criminal Registry is combined with the Supreme Court Criminal Registry and is located on the ground floor, SSWB and is open from 9.30am to 4.30pm, ph 8204 0289. The Civil Registry is located on the ground floor of the SSWB and is open from 9.30pm to 4.30pm, ph 204 0289. The Civil Registry is where information may be obtained about administrative and disciplinary matters and criminal injuries compensation claims.
Magistrates Court of South Australia
The Chief Magistrate is the principal judicial officer. Magistrates are based in Adelaide and in suburban courts at Christies Beach, Elizabeth, Port Adelaide and Holden Hill. Resident magistrates are also based in Port Augusta and Mt Gambier. Magistrates from courts in Adelaide and other metropolitan courts conduct regular circuits to regional cities and country areas.
Most minor indictable offences are dealt with in the Magistrates Court. A preliminary hearing is conducted only where the defendant has elected for trial on indictment in the District Court.
In its civil jurisdiction, the Court hears and determines claims for injury arising from motor vehicle accidents up to $80,000 and $40,000 for any other claim; disputes over warranty claims relating to second-hand vehicles; disputes between landlords and tenants regarding shops and houses; and neighbourhood disputes such as trespass, nuisance and actions lodged under the Fences Act. The Court also hears small claims. These are legal actions seeking recovery of debts of up to $6000.
There is a Courts Call Centre primarily for all Magistrates Courts. Hours are Monday-Friday 8:30am to 5:00pm, ph 8204 2444.
Specialist courts of the Magistrates Court
Four specialist courts operate in this jurisdiction; in the areas of family violence, sentencing of Aboriginal people, for persons suffering from mental impairment and for those suffering from drug addiction.
Family Violence Courts operate at Adelaide Magistrates Court and Elizabeth Magistrates Court. These courts are part of a Violence Intervention Program managed primarily by the CAA, Salvation Army and various government departments.
Aboriginal Court Days operate at Port Adelaide, Port Augusta and Murray Bridge Magistrates Courts. Aboriginal adult offenders who have pleaded guilty or been found guilty of a criminal offence may elect to be sentenced on Aboriginal Court Day. Proceedings are less formal than in a traditional court. Aboriginal justice officers and members of the offender’s family and Aboriginal community assist the court before, during and immediately after sentencing.
The Magistrates Court Diversion Program (Diversion Program) is designed to meet the needs of those individuals appearing in the Magistrates Court who have committed certain minor and summary offences and have impaired intellectual or mental functioning as a result of a mental illness, an intellectual disability, a personality disorder, an acquired brain injury or a neurological disorder including dementia. The Diversion Program runs at Christies Beach, Pt Adelaide and Elizabeth every month and at Holden Hill bimonthly. Country circuits go to Berri, Pt Augusta and Whyalla every three months. Adelaide court days are Tuesday and Thursday.
The Drug Court is part of a program to encourage drug addicts to stop use of illicit drugs and thereby prevent further drug-related offending. The program involves an intense regime of treatments and support. Court-ordered conditions are supervised strictly by community corrections officers. The Court sits at Adelaide Magistrates Court on Mondays, Wednesdays and alternate Fridays.
Environment, Resources and Development Court of South Australia
The Environment, Resources and Development Court is a specialist court with jurisdiction to hear and determine matters under development, heritage, environment protection, natural resources (including water), irrigation, mining and native title legislation. The matters include appeals against the decision of an authority, applications for enforcement orders and orders in the nature of injunctions, and criminal prosecutions.
The senior judicial officer, called the Senior Judge, is also a District Court judge. There are five full-time members of the Court: the Senior Judge, a second judge, who also holds a commission in the District Court and four permanent commissioners. Commissioners, including specialist sessional commissioners, are appointed under specific Acts to hear appeals. District Court masters are also ERDC masters and deal with matters prescribed by the Rules of the Court.
The Court sits in the SirSamuelWayBuilding but in appeals under the Development Act, sits at a location near to the land the subject of the appeal.
The registry is located on the ground floor of the SirSamuelWayBuilding and is open from 9.30am to 4.30pm, ph 8204 0289.
The Youth Court of South Australia
The Youth Court has a criminal jurisdiction for offenders aged between 10 and 17 years. It also has jurisdiction in the care and protection of children and in adoption matters. The Senior Judge of the Youth Court holds a commission as a judge of the District Court. A second judge assigned to this jurisdiction is also a judge of the District Court. There are two magistrates dedicated to the Court. Only judges may hear major indictable offences. The Court’s judiciary deals with approximately 90% of the Court’s work. The balance, mostly in suburban and country courts, is dealt with by magistrates.
The Court has responsibility for the Family Conference Diversionary Scheme. The Family Conference Team conducts family conferences with young offenders, on referral from police officers. At a family conference, a youth justice coordinator helps the victim, police officer, the offender and the offender’s family reach an appropriate outcome for the offence. A Family Conference Team also operates at Port Augusta.
The Court also has responsibility for family care meetings in care and protection matters. The family care meetings provide a forum for a family to reach a decision, with the help of the coordinator, about the care of children suffering or at risk of neglect and/or abuse.
Statutory restrictions limit the reporting of proceedings in these jurisdictions. (See Reporting Hearings below).
The registry is in the YouthCourtBuilding, 75 Wright Street, Adelaide. Every country Magistrates Court registry also functions as a registry of the Youth Court. Registry hours are from 9am to 5pm, ph 8204 0331.
Coroner’s Court of South Australia
The Coroner is the principal judicial officer. All deaths which are violent, unusual or of unknown cause must be reported to the Coroner.
The Court sits in Adelaide and at any location as required.
The registry is in the Coroner’s Court building at 302 King William Street, Adelaide and is open from 8am to 6pm.
Industrial Relations Court of South Australia
The general jurisdiction of the Industrial Relations Court of South Australia covers all aspects of employment law and industrial offences. The Court also has jurisdiction to deal with certain matters under the Workers Rehabilitation and Compensation Act, Occupational Health, Safety and Welfare Act, Long Service Leave Act, Summary Procedure Act and all claims and disputes pursuant to the now repealed Workers Compensation Act.
The Court sits at the Riverside Centre, North Terrace, Adelaide and in regional and country areas. The registry is on level 8 and operates between 8.30am and 5.15pm.
IN THE COURTROOM
Judges and magistrates
Wigs and gowns are worn by most judges in criminal matters but wigs are not worn in civil matters in the Supreme and District Courts. They are not worn in the Environment Resources and Development Court, Youth Court or Industrial Court. Magistrates preside in Magistrates Courts and they do not wear wigs. Judges sitting on tribunals usually do not robe.
Judges wear black robes in civil cases and coloured robes in criminal cases - red robes in the Supreme Court and purple robes in the District Court. Full bottom wigs are sometimes worn for ceremonial sittings such as new appointments and retirements.
Court staff
Supreme Court judges have a personal assistant, associate and a tipstaff. The latter two are usually in court. District Court judges have a judicial support officer and an associate. Magistrates have a clerk who works in chambers and in the courtroom. (Judicial officers have chambers, not offices). Tribunals have a clerk.
In court, associates and clerks read aloud charges, handle documents, keep a diary of events in court and take a verdict from a jury. They also record all exhibits. Together with a court orderly, the tipstaff prepares the courtroom, maintains order in the courtroom and provides security for the judge. A court orderly is also a Sheriff’s officer with powers of arrest. Orderlies greet parties coming to court and call witnesses in court precincts. Sheriff’s officers also take control in emergencies (eg fires, illness, injury). Always follow instructions given by a Sheriff’s officer in these situations.
Others
Witnesses should never be approached when a case is before the courts.
Jurors should not be approached at any time or filmed while on jury views. Documents or notes in the possession of a media representative that could affect or influence a juror or witness should not be left in view of a juror or witness.
Section 246 of the Criminal Law Consolidation Act prohibits the publication of information (and the soliciting or obtaining of information for the purpose of publication) that reveals any aspect of jury deliberations or that identifies a person as a juror or as having been a juror. The penalty is a fine or two years imprisonment. Journalists unsure of their obligations under the legislation should seek legal advice.
Section 247 of the same Act prohibits harassment of jurors to elicit information about a jury’s deliberations. The penalty is a fine or two years imprisonment. A person who offers a material reward or inducement for the disclosure of information about the deliberations of a jury, including statements and opinions of voting by members of a jury faces two years imprisonment.
Lawyers in court may be solicitors, barristers, Queen’s Counsel (QCs) and Senior Counsel (SCs). Solicitors take instructions from clients. Solicitors brief barristers. Barristers argue cases in court. In South Australia, a solicitor may also appear in court as a barrister. Barristers who have attained professional eminence at the bar may apply to be appointed Senior Counsel (formerly Queen’s Counsel). Appointment is on the recommendation of the Chief Justice and is for life. In court, QCs and SCs wear silk robes.
Court reporters record the proceedings, either by using a stenography machine or tape recorders. They work in 20 minute shifts and should be given priority access in lifts and stairwells. They should not be approached about cases.
Court companions and interpreters assist the court. Companions are usually arranged through the Director of Public Prosecutions, SA Police or Victim Support Services. These bodies are independent of the courts. Interpreters are arranged on request by registries for the court. They are not to be approached about cases.
Social workers are attached to the Coroner’s Court and some of the specialist courts of the Magistrates Court. They are not obliged to arrange interviews or to give out personal information and should not be approached about cases.