Published Wednesday, 12 November, 2008 at 04:25 PM
Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland
The Honourable Kerry Shine
Government closes loophole on courtroom recordings
State 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.”
In addition, State Parliament has also today amended the Civil Liability Act to close a loophole which had prevented charity groups distributing left-over fresh foodstuffs to the needy from retail outlets, caterers and function centres.
Mr Shine said Section 39 of the Act was amended to provide protection from potential legal action to charity food distributors.
“The Act gave legal protection to people who donate food to community organisations but it did not cover such groups as OzHarvest as distributors.
“Now that this amendment has passed through the Parliament, groups such as OzHarvest will be able to deliver these much needed fresh foods that might otherwise go to waste to such Queensland organisations as youth and homeless shelters and women’s refuges.”
Media contact: Chris Taylor 0419 710 874
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.”
In addition, State Parliament has also today amended the Civil Liability Act to close a loophole which had prevented charity groups distributing left-over fresh foodstuffs to the needy from retail outlets, caterers and function centres.
Mr Shine said Section 39 of the Act was amended to provide protection from potential legal action to charity food distributors.
“The Act gave legal protection to people who donate food to community organisations but it did not cover such groups as OzHarvest as distributors.
“Now that this amendment has passed through the Parliament, groups such as OzHarvest will be able to deliver these much needed fresh foods that might otherwise go to waste to such Queensland organisations as youth and homeless shelters and women’s refuges.”
Media contact: Chris Taylor 0419 710 874