Qld: No use of recordings in court

Qld: No use of recordings in court

Queensland Parliament has today passed new laws banning access to recordings and transcripts made of courtroom conversations when cases are not being heard.
Attorney-General and Minister for Justice Kerry Shine said the justice system relied heavily on sophisticated digital recording equipment to prepare transcripts and provide audio playback of evidence, but recent concerns had been raised about potential misuse.
“This equipment records continuously to eliminate the risk of cases not being recorded through operator error and it offers many technical advantages that were simply not possible with the old analogue tape decks,” Mr Shine said.
“But the concern related to private conversations when court was not in session and the silence of existing laws on whether such recordings could be legally accessed.
“That would never have been allowed in any case involving legal professional privilege, but we took the view that public confidence required a total ban to remove any shadow of doubt.
“The provisions passed by Parliament today have closed that legal loophole once and for all.”
Mr Shine said the amendments to the Recording of Evidence Act banned access to all out-of-session recordings and provided explicit legal authority to destroy them.
“The new provisions will formally take effect from the date of assent by the Governor in Council, expected within weeks.
“But the ban is effectively in force from today, because the transitional arrangements now ensure no one can access out-of-session recordings or transcripts before assent.”

Source: Ministerial Media Release

Comment: This change is significant. It used to be the case that the only part of recordings that was able to be accessed was the actual hearing, but then with sophisticated recording equipment, all types of conversations in the courtroom could now be recorded.

It is common if there is to be break in the proceedings for one party to go outside and the other remain inside talking to their lawyers. If the other side were unscrupulous they could obtain a copy of the recording and know exactly the thinking in the other camp, even if they cannot tender that part of the recording in court (because it subject to legal professional privilege. In Queensland courts at least, this practice (I am not aware of anyone doing so) will stop dead in its tracks.

Request an Appointment
Fill in the form below to find out if you have a claim.
Request an Appointment - Stephen Page
Things to Read, Watch & Listen

ALRC Surrogacy Inquiry: What the Proposed Reforms Could Mean for Australians

Stephen Page Joins Final ALRC Advisory Committee Meeting on Surrogacy Law Reform Our Legal Practice Director, Stephen Page, recently took part in the third and final meeting of the Advisory Committee to the Australian Law Reform Commission’s (ALRC) surrogacy inquiry. The ALRC is due to report to the federal government by 29 July. This is… Read More »ALRC Surrogacy Inquiry: What the Proposed Reforms Could Mean for Australians

No Laws, High Risks: The Truth About Albanian Surrogacy

Albanian surrogacy is the kind of topic that should make intended parents stop and think very carefully before doing anything at all. When a country has no clear surrogacy framework, no proper safeguards, and no settled legal pathway for parentage, the risks do not sit at the edges. They sit right at the centre. At… Read More »No Laws, High Risks: The Truth About Albanian Surrogacy

How Onco-Fertility & Surrogacy Saved a Cancer Survivor’s Dream of Parenthood

Onco-fertility and surrogacy can change the course of a family’s future at the very moment life feels most uncertain. A cancer diagnosis is frightening enough on its own. When that diagnosis comes with treatment that may affect fertility, the shock can be even greater. But there is an important message here: in some cases, options… Read More »How Onco-Fertility & Surrogacy Saved a Cancer Survivor’s Dream of Parenthood

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board