Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In respect of an
industrial magistrate’s court’s records of proceedings under its
prosecution jurisdiction (as defined in section 81CA), section 33 of
the Magistrates Court Act 2004 , with any necessary changes, applies.
(2) In respect of an
industrial magistrate’s court’s records of proceedings under its
general jurisdiction (as defined in section 81CA), subsections (3)
to (9) apply.
(3) A party to the
proceedings may, on request, inspect or obtain a copy of any document that is
part of the court’s record of those proceedings.
(4) A person who is
not a party to the proceedings may, with the leave of the court, inspect or
obtain a copy of any document that is part of the court’s record of the
proceedings.
(5) Any person may,
with the leave of the court, inspect or obtain a copy of any thing (other than
a document) received by the court in the proceedings on which information is
recorded or stored, such as a photograph, tape or disc.
(6) Any person may,
with the leave of the court, listen to, view or obtain a copy of a recording
of the proceedings.
(7) When giving leave
under subsection (4), (5) or (6) the court may impose conditions on the
person’s access to information, including a condition prohibiting or
limiting the publication or use of the information.
(8) A decision by the
court under subsection (4), (5), (6) or (7) is administrative and is
final and not subject to any form of review.
(9) If under this
section a document may be supplied to a person it may, at the request of the
person, be supplied in an electronic form.
(10) The regulations
may prescribe fees to be paid for inspecting, obtaining a copy of, listening
to or viewing information in relation to proceedings in both the general
jurisdiction and the prosecution jurisdiction of an industrial
magistrate’s court.
[Section 81F inserted by No. 59 of 2004
s. 110.]