South Australian Consolidated Acts South Australian Consolidated Acts (1) Subject to this
section, the Court must, on application by any member of the public, allow the
applicant to inspect or obtain a copy of—
(aa) any
process relating to proceedings and forming part of the Court's records;
(a) a
transcript of evidence taken by the Court in any proceedings;
(b) any
documentary material admitted into evidence in any proceedings;
(c) a
transcript of submissions by counsel;
(d) a
transcript of the judge's summing up or directions to the jury, in a trial by
jury;
(e) a
transcript of reasons for judgment (including remarks made by the Court on
passing sentence);
(f) a
judgment or order given or made by the Court.
(2) A member of the
public may inspect or obtain a copy of the following material only with the
permission of the Court:
(a)
material that was not taken or received in open court;
(b)
material that the Court has suppressed from publication;
(ba)
sensitive material in the custody of the Court;
(c)
material placed before the Court during sentencing proceedings (including
material furnished under section 7 of the Criminal Law (Sentencing)
Act 1988 );
(d)
documentary material filed in connection with a preliminary examination;
(e) a
transcript of any oral evidence taken at a preliminary examination;
(f) a
photograph, slide, film, video tape, audio tape or other form of recording
from which a visual image or sound can be produced;
(fa) a
report prepared to assist the Court in determining a person's eligibility for,
or progress in, an intervention program (within the meaning of the
Bail Act 1985 or the Criminal Law (Sentencing) Act 1988 or the
Intervention Orders (Prevention of Abuse) Act 2009 );
(g)
material of a class prescribed by the regulations.
(3) The Court may
permit inspection or copying of material referred to in subsection (2)
subject to any of the following conditions:
(a) a
condition that material that is sensitive material will be available for
examination under the supervision of the Court at a place specified in the
notice and at a time to be arranged;
(b) a
condition limiting the publication or use of the material;
(c) any
other condition that the Court considers appropriate.
(4) A decision by the
Court on an application under this section is administrative and is final and
not subject to any form of review.
(5) The Court may
charge a fee, fixed by regulation, for inspection or copying of material under
this section.
(6) In this
section—
"sensitive material"—see section 67H of the Evidence Act 1929
.