MAGISTRATES’ COURT OF VICTORIA

MEDIA GUIDE

Version: 2.00
Last Amendment: updated information on electronic case tracking and the Open Courts Act 2013. / Approved by:
Chief Magistrate & Chief Executive Officer
Date:
Contact Officer:Strategic Communications Adviser
(03) 9032 0919 / Next Review:June 2018

Magistrates’ Court of Victoria Media Guide(Version 2.00)1

INTRODUCTION

Scope

Objectives

GUIDE

1.General enquiries

2.Daily Court List

3.Use of electronic equipment in Court

4.Access to audio recordings

5.Access to transcripts

6.Access to files and documents

7.Access to penalty information and sentences

8.Restrictions on publication

9.Victims of Crime Assistance Tribunal (VOCAT)

10.Access to Magistrates’ Court data and statistics

11.General video and photography inside court buildings

12.Photographing and filming judicial officers

13.Requests for comment or interview

14.Document history

15.Review

INTRODUCTION

The Magistrates’ Court of Victoria (‘the Court’) is committed,within the confines of governing legislation and the principle of judicial discretion,to working with the media to help the public understand Victoria’s justice system and to make the work of the court as open and transparent as possible.

Scope

This guide applies to all proceedings in the Magistrates’ Court of Victoria and Victims of Crime Assistance Tribunal (VOCAT).

The Coroners Court of Victoria and Children’s Court of Victoria havespecific rules and legislative provisionsregarding media coverage and access to information. Please refer to their websites for further information.

Objectives

The media guide is intended to assist journalists and media organisations; and to promote the following objectives:

  1. To promote transparency of proceedings and the principle of open justice.
  2. To facilitate fair and accurate reporting of matters before the Court.
  3. To communicate with the public and develop community understanding of the work of the Court.

The guide sets out in general terms:

  • Things you need to know when attending court;
  • Limitations upon reportingon court proceedings;
  • What information is available to you; and
  • The process for accessing and using court information.

This guide does not constitute legal advice and media representatives should seek their own independent expert legal advice.

Magistrates’ Court hearings are generally open to the public and may be reported in full. However, inorder to ensure that hearings are conducted according to law and without disruption, it may be necessary for the presiding judicial officerto make orders limiting the access of the public and the mediato a court or to material that is put before the court.

The interests of justice may require that particular information and/or documentation not be published or be prohibited from disclosure.

The release to the media of material from a court file, including charges, statements and tendered materials, willalways be at the discretion of the presiding judicial officer. No materials may be released to the media without the authorisation of the presiding judicial officer.

The Magistrates’ Court welcomes feedback on these Guidelines. Please respond to:

Clare Hogarth-Angus

Strategic Communications Adviser

Magistrates’ Court of Victoria

223 William St, Melbourne Vic 3000

Telephone / (03) 9032 0919
Fax / (03) 90320900
Email /
Website /

GUIDE

1.General enquiries

For all general enquiries, journalists should contact the Court’s Strategic Communications Adviserby phone on 03 9032 0919 or by email at

The Strategic CommunicationsAdviser can provide general information such as case numbers, hearing dates, outcomes of bail applications and plea information, unless orders to the contrary exist.

2.Daily Court List and email/SMS hearing notifications

You can search the daily list of all criminal and civil cases in the Magistrates’ Court on our website atMagistrates' Court daily lists. Daily lists for intervention order matters are not published. Matters subject to suppression orders are also not published on the electronic list, however the Court will notify the media of the new hearing date when distributing the relevant suppression order.

The electronic court list provides details of the date, time and location of hearings. Using the search facility, you can find court listings up to sixmonths into the future. Start searching by typing in the name of a party and/or the details of a case. To keep informed of changes to a hearing in a particular matter, members of the media are encouraged to ‘case track’ a matter on the electronic list.

The ‘Case Tracking’ function on the electronic list allows members of the public to register to receive hearing information via email and/ or SMS text message. If hearing details change on the case you are tracking, an email or SMS text message will be sent to you with the new hearing details. Hearing details are updated each night.

If you no longer require Case Tracking, or you have accidentally selected the wrong case, you can unsubscribe. Make sure the ‘Remove’ button is selected, and re-enter your email address and or mobile phone number and then click ‘Submit Details’.

3.Use of electronic equipment in Court

The Court issued a ‘Use of Electronic Devices Policy’on 3 September 2012. The policy can be found on our websiteUse of Electronic Devices Policy | Magistrates' Court of Victoria

The objective of thepolicy is to:

  • establish clear guidelines for the use of electronic devices within the Court; and
  • inform all persons entering the courtroom about the conditions of entry.

Thepolicy applies to all peopleentering courtrooms and applies to all proceedings before the Court.

Journalists may, without seeking permission, make use in court of personal laptop computers, electronic tablets, and mobile phones for electronic note-taking, text messaging and filing stories, however these devices cannot be used if the device causes any disruption to the court.

Journalists must not, without the permission of the presiding judicial officer, use electronic equipment in court in circumstances where such use constitutes instantaneous publication (for example, live blogging or tweeting) as this may compromise a non-publication order, an ‘incamera’ order or adversely affect the interests of justice in some other way.

If you are in doubt about whether you can use a device or not, please ask the bench clerk in court for clarification.

4.Access to audio recordings

Journalists may request a copy of the audio recording of a proceeding.

The fee of $55.00 per case per day must be paidwhen submitting the request.

Chief Magistrate approval is required for any application made in the following circumstances:

  • the request is made by a person who is not a party to the proceeding
  • a current suppression or publication prohibition order exists in relation to that proceeding
  • the request relates to an intervention order proceeding[1], or a case relating to a sexual offence

Further information on the Court’s audio recording protocols can be found on our websiteMagistrates' Court of Victoria Audio Recording Protocols Fact Sheet | Magistrates' Court of Victoria

Requests that require Chief Magistrate approval are made by completing a ‘Request for Copy of Audio Recording’. The form can be found on our websiteRequest for Copy of Audio Recording | Magistrates' Court of Victoria.

A written statement, outlining the applicant’s interest/involvement in the proceeding, and the reasons they require the recording must accompany the application. The request must be made by the journalist / media organisation who seeks the recording.

These requests must be referred to:

Manager, Magistrates’ Support Services

Melbourne Magistrates' Court

GPO Box 882

Melbourne Vic 3001

Telephone / (03) 9628 7962
Email /
Website /

Any person who obtains a copy of an audio recording from the Court must not copy, distribute or publish the recording, or cause the copying, distribution or publication of the recording in any way without approval from the Chief Magistrate.

5.Access to transcripts

Only committal proceedings in the Magistrates’ Court are transcribed.

Chief Magistrate approval is required for any accessrequests made by a person who is not a party to the proceeding.

Requests for Chief Magistrate approval are made by completing a ‘Request for Transcript in Committal proceeding by a non-party’ form on our websiteRequest for Transcript in Committal by a Non Party | Magistrates' Court of Victoria

These requests must be referred to the Manager, Magistrates’ Support Services (see contact details above).

The Victorian Government Reporting Service (VGRS) manages the release of transcripts in committal proceedings. For further information you may contact the VGRS on (03) 9603 2401 or

6.Access to files and documents

Journalists who wish to access material from the court file must make an application by completing the form called ‘Request by non-party for inspection of court documents’. The form can be found on our website MediaAccess to Information | Magistrates' Court of Victoria

The application must be provided to the bench clerk during the proceeding.

If the request is made outside of the normal court hearing, for example after the completion of the case, a copy of the application must be served on all parties to allow them to attend the hearing of the application. As the address of an accused cannot be released without an order of the Court, a registrar will send a copy of the application to the accused on behalf of the applicant.

The release of material from the court file for inspection is always at the discretion of the presiding judicial officer. No materials will be released to the media for inspection without the authorisation of the presiding judicial officer.

Access to material from a court file does not authorise a person to take copies of the material nor does it authorise publication or broadcast of the material. If you are seeking to take copies or to publish the material, you must seek a further direction from the presiding judicial officer you should detail the reasons for wanting permission to take copies or broadcast the material must be detailed in your application to the Court.

When materials are released to the media for inspection, it is the responsibility of the media to use those materials in accordance with the law and to comply with any specific conditions of release imposed by the judicial officer. The material must not be provided to anyone who is not a journalist, or to anyone who has not signed and filed an undertaking with respect to the material.

If the presiding judicial officer has allowed the documents to be copied or published, unless otherwise permitted by the Court, all material obtained and copied from a court file must be destroyed within seven business days of the end of the hearing to which it relates and must be securely retained at all times until it is destroyed.

VOCAT has specific legislation governing access to Tribunal files and documents. Please see section 10 for further information.

There is a fee for the search, inspection, retrieval or access to a court file. A fee also applies to photocopying documents (if allowed by the presiding judicial officer). The list of current Magistrates’ Court fees can be found on our website New Magistrates' Court fees - effective 1 July 2017 | Magistrates' Court of Victoria.

7.Access to penalty information and sentences

The right of a person who is not a party to a proceeding to access court records is limited to the register of court orders, and is contained in section 18 of the Magistrates’ Court Act 1989. It provides:

s18 Register

(1) The principal registrar must cause a register to be kept of all the orders of the Court and of such other matters as are directed by this Act or the Rules to be entered in the register.

(2)An order made by the Court must be authenticated by the person who constituted the Court.

(3)Any person may, subject to any order made under Part 3 of the Open Courts Act 2013 and on payment of the prescribed fee, inspect that part of the register that contains the final orders of the Court.

(4)A party to a proceeding may inspect without charge that part of the register that relates to that proceeding.

(5)A document purporting to be an extract from the register and purporting to be signed by a registrar who certifies that in his or her opinion the extract is a true extract from the register is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof of the matters appearing in the extract.

The Magistrates’ Court Act 1989 can be accessed atVictorian Legislation and Parliamentary Documents

Upon payment of the prescribed fee, non-parties can obtain information on final orders by applying for a certified extract of the court register. This can be done in person at any court over the counter.

If you cannot attend at a court registry to apply for the certified extract, you should write to the Registrar of the relevant court, enclosing a money-order for the fee. The extract will then be posted to you. Contact details of all courts can be found on our website.

8.Public access to the court register

If you wish to search the court register, you can attend at any court venue and speak to a registrar about accessing the register. You will be provided with a public access ID and password that will allow you to viewfinal orders. You will be required to pay the search fee prior to gaining access to the register.

If you require a printout of the court order, you must pay for a certified extract (see Section 7).

9.Restrictions on publication

When materials are released to the media for inspection, it is the responsibility of the media to use those materials in accordance with the law. The fact that the Court has permitted inspection does not necessarily authorisepublicationof those materials. There are significant restrictions upon publication of certain materials.

Open Courts Act 2013

Suppression orders (and orders for their revocation) in all Victorian jurisdictions are recorded on a central database managed by staff within each jurisdiction. Media organisations, including in-house counsel and legal representatives, are sent scanned copies of all suppression orders and revocations by a dedicated email distribution service.

Proceeding suppression orders

Section 17 of the Open Courts Act provides the Magistrates’ Court with a statutory power to make proceeding suppression orders which prohibit or restrict the disclosure of:

(a) a report of the whole or any part of a proceeding; or

(b) any information derived from a proceeding.

Broad suppression orders

The Open Courts Act makes qualified provision for the Magistrates’ Court to make broad suppression orders. Section 28(1) empowers the Court to make orders prohibiting the publication of any specified material, or any material of a specified kind, relevant to a proceeding that is pending in the Court.

Closed court orders

Section 30(1) of the Open Courts Act provides the Magistrates’ Court with a statutory power to:

(a) order that the whole or any part of a proceeding be heard in closed court; or

(b) order that only persons or classes of persons specified by it may be present during the whole or any part of a proceeding

Notice of Application for Suppression Order

When a relevant party wishes to apply for a suppression order, they must give three business days’ notice to the Court and the parties to the proceeding in accordance with section 10 of the Act.

This notice must be filed with the Court using the ‘Notice of Application for Suppression Order’ form. The registrar will issue the notice (and list it for a hearing date). The applicant must then provide the notice to the other relevant parties as directed by the Act.

The Court will take all reasonable steps to notify the relevant news media organisations of the application and when it is listed. This notice will be provided electronically, to the nominated email addresses of the relevant news media organisations.

Application to Review a Suppression Order

A party or any person pursuant to section 15(1)(b) of the Open Courts Actcan seek a review of a suppression order. This application must be filed with the Court using the ‘Application to Review a Suppression Order’form.

The registrar will issue the application and list it for a hearing date suitable to the Court.

Other relevant legislation

There are a number of provisions in other legislation that prohibit certain publication.[2]

Journalists should particularly be aware of section 4(1A) of the Judicial Proceedings Reports Act 1958 which provides:

A person who publishes or causes to be published any matter that contains

any particulars likely to lead to the identification of a person against whom a

sexual offence, or an offence where the conduct constituting it consists wholly

or partly of taking part, or attempting to take part, in an act of sexual

penetration as defined in section 35 of the Crimes Act 1958, is alleged to

have been committed is guilty of an offence, whether or not a proceeding in

respect of the alleged offence is pending in a court.

10.Victims of Crime Assistance Tribunal(VOCAT)

VOCAT has been established under the Victims of Crime Assistance Tribunal 1996 (VOCA Act) toprovide financial assistance tovictims of violent crime committed in Victoria.VOCAT assists victimsto recover from a crime by providing financial assistance for expenses incurred, or reasonably likely to be incurred, as a direct result of the crime.

The Tribunal is located within the Magistrates’ Court ofVictoria and operates at all 54 Court venues across the State. Each of the Court’s magistrates, including the Chief Magistrate, are Tribunal members.The Chief Magistrate has also delegated certain powers under the VOCA Act to judicial registrars. Further information on the Tribunal, including the types of assistance available, can be found on the VOCAT website Home | Victims of Crime Assistance Tribunal

Section 42A of theVOCA Act allows for any person, including media representatives, to inspect and/or copy documents contained on a Tribunal file, except for:

  • documents that the Tribunal has ordered remain confidential; or
  • documents that the registrar believes ought to remain confidential without the leave of the Tribunal (where the person seeking to access the documents is not the applicant)

Practice Direction 1 of 2015 I Access to Filesspecifies the procedure to be followed when a request is made under section 42A of the VOCA Act to access: