When can a Non-party Access Court Documents in Criminal Proceedings?
Subject to any order or direction of the Court and certain exceptions (listed below), a non-party (including media) may inspect the "unrestricted" documents set out in sub-rule 1.20(2) of the Federal Court (Criminal Proceedings) Rules 2016 (Criminal Proceedings Rules) such as an indictment, an interlocutory application, specified notices and reasons for judgment.
The exceptions include where the Court has ordered the Court documents are:
- confidential - r 1.20(3)(a) of the Criminal Proceedings Rules
- forbidden from, or restricted from publication to, the person or a class of persons of which the person is a member - r 1.20(3)(b) of the Criminal Proceedings Rules; or
- suppressed or prohibited or restricted from publication on the grounds permitted in Part VAA of the Federal Court of Australia Act 1976 (Cth) (see s 37AF).
Under r 1.20(4) of the Criminal Proceedings Rules, a non-party may apply to the Court for leave (permission) to inspect any "restricted" documents (see table below).
Restricted and Unrestricted documents
"Unrestricted" Court documents are those documents stated in r 1.20(2) of the Criminal Proceedings Rules.
"Restricted" Court documents include any document in a proceeding which falls outside the categories set out in r 1.20(2) of the Criminal Proceedings Rules (unrestricted documents). The table below provides a non-exhaustive list of the categories of restricted documents that leave of the Court must be obtained in order for a non-party to inspect or obtain a copy.
| Unrestricted documents - r 1.20(2) of the Criminal Proceedings Rules | Restricted documents (non-exhaustive list) |
|---|---|
|
|
How to make an access request to inspect Court documents
To make a request, see How to make an access request to inspect Court documents in criminal proceedings.
At December 2024
