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

30 Years a Specialist & 21 Years Together: The Page Provan Story

Some anniversaries arrive with fanfare. Others sneak up quietly and then suddenly feel enormous. At the end of June and the beginning of July 2026, two milestones sit side by side. One marks 30 years as an accredited family law specialist. The other marks 21 years working alongside Bruce Provan. Together, they say something important… Read More »30 Years a Specialist & 21 Years Together: The Page Provan Story

Australian Surrogacy Law: A Gay Father’s Journey from Prejudice to Pride

Pride Month means different things to different people. For some, it is celebration. For others, it is remembrance, protest, relief, or the simple comfort of being seen. For LGBTQIA+ parents in Australia, Pride can also carry a very specific weight. It can be about family, legal recognition, and the fight to ensure children are protected… Read More »Australian Surrogacy Law: A Gay Father’s Journey from Prejudice to Pride

Inside Australia’s Sperm Donor Crisis

Australia’s sperm donor shortage did not appear overnight. It is the product of law, policy and unintended consequences colliding at exactly the wrong time. The result is a system under enormous strain, where demand for donor sperm far exceeds supply, clinics are forced to turn people away, and desperate Australians are being pushed into private… Read More »Inside Australia’s Sperm Donor Crisis

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