A HANDBOOK FOR MEDIA REPORTING IN
SOUTH AUSTRALIAN COURTS
Media and Communications Branch
Courts Administration Authority
Correct as at 12 August 2008
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INTRODUCTION
This booklet is for media representatives reporting on the work of the courts in South
Australia.
This booklet does not contain legal advice. If you are in doubt about how best to
report an issue or case, obtain independent legal advice.
Information for media reporting on the work of the courts is also available on the Courts
Administration Authority web site, at www.courts.sa.gov.au (click on For Media).
Compiled and written by Sylvia Kriven
Communications Manager
Courts Administration Authority
Updated on 12 August 2008 by Terry Anderson
Defacto amendment inserted 5 November 2009
Media and Communications Manager
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TABLE OF CONTENTS
INTRODUCTION
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TABLE OF CONTENTS
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THE RULE OF LAW
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THE COURTS
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Supreme Court of South Australia
District Court of South Australia
Magistrates Court of South Australia
Specialist Courts of the Magistrates Court
Environment, Resources and Development Court of South Australia
Youth Court of South Australia
Coroner’s Court of South Australia
Industrial Court of South Australia
IN THE COURTROOM
Judges and magistrates
Court staff
Others (jurors, witnesses, counsel)
Titles
COURT PROCESSES
REPORTING HEARINGS
Open and closed courts
Conduct in court
Contempt, defamation and privilege
Limitations on reporting
Suppression orders
Other statutory limitations
Other legislation
MEDIA ACCESS
Media liaison and facilities
Case lists
Access to court files and evidence (exhibits, statements)
Filming
Sound recording
Sketching
GENERAL INFORMATION
Complaints
Security and emergency procedures
CONTACTS
Appendix A: Process flow charts
Appendix B: Legislation governing access to evidence
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THE RULE OF LAW
At its simplest, the rule of law means that every person and organization, including the
government, is subject to the law, that is, no-one is above the law.
SEPARATION OF POWERS
The Australian system of government incorporates a separation of powers such that
independent branches or arms of government exercise the legislative (law making),
executive (administrative) and judicial functions. The independence of the judiciary from the
other two institutions protects the freedom and rights of individuals.
THE COURTS
There are two sources of law in Australia, statute law (legislation) and common law (judgemade law). These are further categorised into criminal and civil. The courts decide cases in
accordance with the law.
The courts operate within a hierarchy. This means that lower courts must abide by authority
on points of law reached by higher courts.
The highest court in Australia is the High Court of Australia. It can deal with both
Commonwealth and State matters. The High Court is located in Canberra but hears matters
in Adelaide for one week of every year.
In South Australia, the State Courts are the Supreme Court, District Court, Magistrates
Court, Environment Resources and Development Court, the Youth Court, Coroners Court
and the Industrial Court.
South Australia also has Commonwealth courts. These are the Federal Court of Australia,
the Family Court of Australia and the Federal Magistrates Service. The Federal Court deals
only with matters related to Commonwealth law.
The Courts Administration Authority is independent of the legislative and executive arms of
the government, and provides administrative support to the State’s judiciary.
Supreme Court of South Australia
The Supreme Court is the superior court in South Australia. The Chief Justice of South
Australia is the principal judicial officer.
The Court deals with civil claims and serious criminal charges.
The Supreme Court also has an appellate jurisdiction, meaning that it hears appeals from
decisions made in civil and criminal cases by judges of the Supreme Court, by judges of the
District Court and by magistrates. Appeals are also heard from boards and tribunals.
When the Supreme Court sits with two or more judges (usually three) to decide cases it is
described as the Full Court. Appeals against decisions of the District Court or a single judge
of the Supreme Court are decided by the Full Court. Also, certain applications must be
made to the Full Court, but these are relatively rare. Other appeals are heard before a
single judge.
The Full Court of the Supreme Court is a court where three or more judges sit together to
hear appeals from decisions of lower courts relating to civil matters.
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The Court of Criminal Appeal is a court where three or more judges sit together to hear
appeals from decisions in criminal cases. The Court hears both appeals against sentence
and appeals against conviction.
The Full Court of the Supreme Court and the Court of Criminal Appeal are the highest courts
to which a person may appeal in South Australia. To further appeal a party must seek
special leave to appeal to the High Court of Australia.
The Supreme Court Library is open to members of the public between 9am and 5pm daily.
The library is on level 2 of the Supreme Court library building, with access via Gouger Street,
ph 8204 0488.
Registries - the Supreme Court Civil Registry is located on the ground floor of the Sir Samuel
Way Building, Victoria Square. It is open from 9.30am to 4.30pm, ph 8204 0289. The
Probate Registry is located at the rear of Courtroom 11, Supreme Court Building, with entry
off King William Street, and operates from 9.30am to 4.30pm, ph 8204 0505. The Supreme
Court Criminal and District Court Criminal Registries are combined and is located on the
ground floor of the Sir Samuel Way Building, Victoria Square. The registry hours are from
9.30am to 4.30pm, ph 8204 0289.
District Court of South Australia
The District Court is the principal trial court in South Australia. The Chief Judge is the
principal judicial officer and is responsible for its administration. The Court’s work is in four
areas: criminal, civil, administrative and disciplinary, and criminal injuries. Except for
Probate, Admiralty and Judicial Review, the civil jurisdiction of the Court is the same as the
Supreme Court. The District Court hears serious criminal matters except for offences related
to murder and treason (which can only be heard by the Supreme Court). It also handles
criminal injuries compensation claims.
The District Court deals with administrative and disciplinary matters through statutory
tribunals, such as the Medical Practitioners’ Professional Conduct Tribunal and the Equal
Opportunity Tribunal and also deals with matters brought to the Court under specific Acts, for
example, the Guardianship and Administration Act, Mental Health Act, Consumer Credit Act,
Land Agents Act and Security and Investigation Agents Act. In some of these cases the
judge sits with assessors who are experts in the field.
In civil matters the Court sits in the Sir Samuel Way Building (SSWB) and conducts circuits
regularly at Mount Gambier and Berri, and at Port Pirie, Whyalla and Port Lincoln as
required. It also conducts circuits at Mount Gambier and Port Augusta in its criminal
jurisdiction.
Registries - The District Court Criminal Registry is combined with the Supreme Court
Criminal Registry and is located on the ground floor, SSWB and is open from 9.30am to
4.30pm, ph 8204 0289. The Civil Registry is located on the ground floor of the SSWB and is
open from 9.30pm to 4.30pm, ph 204 0289. The Civil Registry is where information may be
obtained about administrative and disciplinary matters and criminal injuries compensation
claims.
Magistrates Court of South Australia
The Chief Magistrate is the principal judicial officer. Magistrates are based in Adelaide and in
suburban courts at Christies Beach, Elizabeth, Port Adelaide and Holden Hill. Resident
magistrates are also based in Port Augusta and Mt Gambier. Magistrates from courts in
Adelaide and other metropolitan courts conduct regular circuits to regional cities and country
areas.
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Most minor indictable offences are dealt with in the Magistrates Court. A preliminary hearing
is conducted only where the defendant has elected for trial on indictment in the District
Court.
In its civil jurisdiction, the Court hears and determines claims for injury arising from motor
vehicle accidents up to $80,000 and $40,000 for any other claim; disputes over warranty
claims relating to second-hand vehicles; disputes between landlords and tenants regarding
shops and houses; and neighbourhood disputes such as trespass, nuisance and actions
lodged under the Fences Act. The Court also hears small claims. These are legal actions
seeking recovery of debts of up to $6000.
There is a Courts Call Centre primarily for all Magistrates Courts. Hours are Monday-Friday
8:30am to 5:00pm, ph 8204 2444.
Specialist courts of the Magistrates Court
Four specialist courts operate in this jurisdiction; in the areas of family violence, sentencing
of Aboriginal people, for persons suffering from mental impairment and for those suffering
from drug addiction.
Family Violence Courts operate at Adelaide Magistrates Court and Elizabeth Magistrates
Court. These courts are part of a Violence Intervention Program managed primarily by the
CAA, Salvation Army and various government departments.
Aboriginal Court Days operate at Port Adelaide, Port Augusta and Murray Bridge
Magistrates Courts. Aboriginal adult offenders who have pleaded guilty or been found guilty
of a criminal offence may elect to be sentenced on Aboriginal Court Day. Proceedings are
less formal than in a traditional court. Aboriginal justice officers and members of the
offender’s family and Aboriginal community assist the court before, during and immediately
after sentencing.
The Magistrates Court Diversion Program (Diversion Program) is designed to meet the
needs of those individuals appearing in the Magistrates Court who have committed certain
minor and summary offences and have impaired intellectual or mental functioning as a result
of a mental illness, an intellectual disability, a personality disorder, an acquired brain injury or
a neurological disorder including dementia. The Diversion Program runs at Christies Beach,
Pt Adelaide and Elizabeth every month and at Holden Hill bimonthly. Country circuits go to
Berri, Pt Augusta and Whyalla every three months. Adelaide court days are Tuesday and
Thursday.
The Drug Court is part of a program to encourage drug addicts to stop use of illicit drugs and
thereby prevent further drug-related offending. The program involves an intense regime of
treatments and support. Court-ordered conditions are supervised strictly by community
corrections officers. The Court sits at Adelaide Magistrates Court on Mondays, Wednesdays
and alternate Fridays.
Environment, Resources and Development Court of South Australia
The Environment, Resources and Development Court is a specialist court with jurisdiction to
hear and determine matters under development, heritage, environment protection, natural
resources (including water), irrigation, mining and native title legislation. The matters include
appeals against the decision of an authority, applications for enforcement orders and orders
in the nature of injunctions, and criminal prosecutions.
The senior judicial officer, called the Senior Judge, is also a District Court judge. There are
five full-time members of the Court: the Senior Judge, a second judge, who also holds a
commission in the District Court and four permanent commissioners. Commissioners,
including specialist sessional commissioners, are appointed under specific Acts to hear
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appeals. District Court masters are also ERDC masters and deal with matters prescribed by
the Rules of the Court.
The Court sits in the Sir Samuel Way Building but in appeals under the Development Act,
sits at a location near to the land the subject of the appeal.
The registry is located on the ground floor of the Sir Samuel Way Building and is open from
9.30am to 4.30pm, ph 8204 0289.
The Youth Court of South Australia
The Youth Court has a criminal jurisdiction for offenders aged between 10 and 17 years. It
also has jurisdiction in the care and protection of children and in adoption matters. The
Senior Judge of the Youth Court holds a commission as a judge of the District Court. A
second judge assigned to this jurisdiction is also a judge of the District Court. There are two
magistrates dedicated to the Court. Only judges may hear major indictable offences. The
Court’s judiciary deals with approximately 90% of the Court’s work. The balance, mostly in
suburban and country courts, is dealt with by magistrates.
The Court has responsibility for the Family Conference Diversionary Scheme. The Family
Conference Team conducts family conferences with young offenders, on referral from police
officers. At a family conference, a youth justice coordinator helps the victim, police officer,
the offender and the offender’s family reach an appropriate outcome for the offence. A
Family Conference Team also operates at Port Augusta.
The Court also has responsibility for family care meetings in care and protection matters.
The family care meetings provide a forum for a family to reach a decision, with the help of
the coordinator, about the care of children suffering or at risk of neglect and/or abuse.
Statutory restrictions limit the reporting of proceedings in these jurisdictions. (See Reporting
Hearings below).
The registry is in the Youth Court Building, 75 Wright Street, Adelaide. Every country
Magistrates Court registry also functions as a registry of the Youth Court. Registry hours are
from 9am to 5pm, ph 8204 0331.
Coroner’s Court of South Australia
The Coroner is the principal judicial officer. All deaths which are violent, unusual or of
unknown cause must be reported to the Coroner.
The Court sits in Adelaide and at any location as required.
The registry is in the Coroner’s Court building at 302 King William Street, Adelaide and is
open from 8am to 6pm.
Industrial Relations Court of South Australia
The general jurisdiction of the Industrial Relations Court of South Australia covers all aspects
of employment law and industrial offences. The Court also has jurisdiction to deal with
certain matters under the Workers Rehabilitation and Compensation Act, Occupational
Health, Safety and Welfare Act, Long Service Leave Act, Summary Procedure Act and all
claims and disputes pursuant to the now repealed Workers Compensation Act.
The Court sits at the Riverside Centre, North Terrace, Adelaide and in regional and country
areas. The registry is on level 8 and operates between 8.30am and 5.15pm.
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IN THE COURTROOM
Judges and magistrates
Wigs and gowns are worn by most judges in criminal matters but wigs are not worn in civil
matters in the Supreme and District Courts. They are not worn in the Environment
Resources and Development Court, Youth Court or Industrial Court. Magistrates preside in
Magistrates Courts and they do not wear wigs. Judges sitting on tribunals usually do not
robe.
Judges wear black robes in civil cases and coloured robes in criminal cases - red robes in
the Supreme Court and purple robes in the District Court. Full bottom wigs are sometimes
worn for ceremonial sittings such as new appointments and retirements.
Court staff
Supreme Court judges have a personal assistant, associate and a tipstaff. The latter two are
usually in court. District Court judges have a judicial support officer and an associate.
Magistrates have a clerk who works in chambers and in the courtroom. (Judicial officers
have chambers, not offices). Tribunals have a clerk.
In court, associates and clerks read aloud charges, handle documents, keep a diary of
events in court and take a verdict from a jury. They also record all exhibits. Together with a
court orderly, the tipstaff prepares the courtroom, maintains order in the courtroom and
provides security for the judge. A court orderly is also a Sheriff’s officer with powers of arrest.
Orderlies greet parties coming to court and call witnesses in court precincts. Sheriff’s officers
also take control in emergencies (eg fires, illness, injury). Always follow instructions given by
a Sheriff’s officer in these situations.
Others
Witnesses should never be approached when a case is before the courts.
Jurors should not be approached at any time or filmed while on jury views. Documents or
notes in the possession of a media representative that could affect or influence a juror or
witness should not be left in view of a juror or witness.
Section 246 of the Criminal Law Consolidation Act prohibits the publication of information
(and the soliciting or obtaining of information for the purpose of publication) that reveals any
aspect of jury deliberations or that identifies a person as a juror or as having been a juror.
The penalty is a fine or two years imprisonment. Journalists unsure of their obligations
under the legislation should seek legal advice.
Section 247 of the same Act prohibits harassment of jurors to elicit information about a jury’s
deliberations. The penalty is a fine or two years imprisonment. A person who offers a
material reward or inducement for the disclosure of information about the deliberations of a
jury, including statements and opinions of voting by members of a jury faces two years
imprisonment.
Lawyers in court may be solicitors, barristers, Queen’s Counsel (QCs) and Senior Counsel
(SCs). Solicitors take instructions from clients. Solicitors brief barristers. Barristers argue
cases in court. In South Australia, a solicitor may also appear in court as a barrister.
Barristers who have attained professional eminence at the bar may apply to be appointed
Senior Counsel (formerly Queen’s Counsel). Appointment is on the recommendation of the
Chief Justice and is for life. In court, QCs and SCs wear silk robes.
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Court reporters record the proceedings, either by using a stenography machine or tape
recorders. They work in 20 minute shifts and should be given priority access in lifts and
stairwells. They should not be approached about cases.
Court companions and interpreters assist the court. Companions are usually arranged
through the Director of Public Prosecutions, SA Police or Victim Support Services. These
bodies are independent of the courts. Interpreters are arranged on request by registries for
the court. They are not to be approached about cases.
Social workers are attached to the Coroner’s Court and some of the specialist courts of the
Magistrates Court. They are not obliged to arrange interviews or to give out personal
information and should not be approached about cases.
Titles
A Supreme Court judge's title is Justice, except the Chief Justice, whose title is Chief
Justice. A District Court judge's title is Judge, except the Chief Judge, whose title is Chief
Judge. The Coroner's title is Coroner and magistrates are called Mr, Mrs or Ms, except the
Chief Magistrate, whose title is Chief Magistrate.
Outside the court, a person can say, "Hello Judge," to any judge but inside the courtroom
address the judge as Your Honour. The same applies for the Coroner and magistrates in the
courtroom. On the street a person says “Hello, Mr” or “Mrs” etc.
Lawyers in court are usually referred to by the judicial officer as Counsel. If a lawyer acts for
the prosecution, he or she may be called “the Crown Prosecutor”.
Commissioners for the Environment, Resources and Development Court and Industrial
Relations Commission have the title of Commissioner but the head of the Industrial Court is
known as the President. Similarly, the head of a Tribunal is the President of the Tribunal.
When more than one judge sits on the bench, the senior judge is sometimes referred to as
the Presiding Judge or Presiding Judicial Officer.
Masters of the Supreme Court are referred to as Judge or Master. Masters of the District
Court are referred to as Master.
COURT PROCESSES
In criminal cases, the prosecution, acting for the State (not the victim) must prove beyond
reasonable doubt that accused persons committed the crime with which they have been
charged.
In civil matters, plaintiffs (parties that initiate court processes) must prove on the balance of
probabilities that the defendants (parties that defend claims) have wronged them as claimed.
In an appeal, the parties are referred to as appellants (those who initiate appeals) and
respondents.
Criminal offences may be classified as summary or indictable. A magistrate deals with
summary offences and minor indictable offences. Major indictable offences are dealt with by
a judge sitting alone or with a jury, and include more serious crimes such as murder.
Committal hearings
If someone is charged with a major indictable offence or, being charged with a minor
indictable offence, has elected for trial on indictment before the District Court, the hearing
will begin in a Magistrates Court with a preliminary examination. If the magistrate finds that
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there is a case to answer, the defendant will be committed to a higher court for trial or, if the
person pleads guilty, for sentencing.
Charts showing the general flow of proceedings in the courts are attached as Annex A to
these guidelines.
REPORTING HEARINGS
Open and closed courts, chambers and in camera hearings
The court is open to the media and the public unless the court orders otherwise.
When a court is closed a sign to that effect is placed on the door.
Under the Rules of the Supreme and District Courts (SCR.62.07 and DCR 62.07) and
Practice Direction No 6, proceedings held in chambers are public unless by order of the
judge. Parties to proceedings should warn in advance if there are issues of confidentiality.
The Supreme Court Rules (Rule 62.07 (1)) provide that interlocutory hearings (incidental
hearings to the principal object of the court action) are to take place in a courtroom or in
chambers “to which the public has access unless the court otherwise orders”.
The District Court Rules (DCR 62.07 (4)) state that the court may at any time direct that
proceedings that would otherwise be open to the public will not be open if the court
considers that the interests of justice, of safety or of maintaining the decorum of proceedings
so require.
Directions hearings for criminal trials are not usually open to anyone other than the persons
directly involved. Proceedings of directions hearings should not be reported and transcripts
are not made available to the media.
In Youth Court hearings, whether or not they are held in the Youth Court building, the public
is not allowed into the courtroom, but s24 of the Youth Court Act permits media to be present
and to report proceedings provided the minor is not identified.
Section 84a (2) of the Legal Practitioners Act provides that proceedings before the Legal
Practitioners Disciplinary Tribunal are to be open unless directed by the Tribunal to be held
in camera (closed court). In this case, the Act also provides that the Tribunal must produce a
summary of what happened. The onus is on the journalist to request a summary. The
request should be made to the Tribunal clerk. It is usual for it to be made available within 24
hours.
Under s25 of the Witness Protection Act No 20 a court is very likely to hold proceedings
relating to the identity of a protected witness in private unless the interests of justice require
otherwise.
A court may sit at locations other than a courthouse. It may be in a hospital, or in a council
chamber, an Institute hall or in the open air.
For bedside hearings in hospitals, media attendance must be arranged beforehand through
the Media and Communications Branch or with the judicial officer’s associate or clerk. It is
the media’s responsibility to obtain permission from the hospital or authority responsible for
the premises to be on those premises. For these occasions, media should nominate a pool
journalist.
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Conduct in court
Media representatives should display media accreditation identification at all times within the
court precinct. Where this creates risk of harm, the pass may be concealed but should be
displayed to court officers if requested. This applies especially at hearings involving
extraordinary security measures.
Seating for media is ordinarily available in the front rows of the public gallery subject to the
needs of instructing solicitors. Difficulties in seeing or hearing the case should be raised with
the court orderly or Media and Communications Manager.
Eating and drinking in a courtroom is not permitted. Mobile phones and pagers should be
switched off. It is customary to stand when a magistrate or judge enters or leaves the
courtroom.
Do not talk aloud or whisper loudly, especially when a judge is addressing a jury, a jury is
delivering a verdict, a prisoner is being sentenced, a judgment is being delivered, the court is
being opened or closed, a prisoner is being arraigned or bailed. There should be no talking
at all when an oath or affirmation is being administered.
Contempt of court
Contempt of court occurs if a media report could prejudice proceedings and a person’s right
to a fair hearing and/or trial. Contempt may occur while the case is being heard if there is
inappropriate behaviour in the courtroom.
There are general rules which journalists should follow, particularly for jury trials. The list
below is by no means exhaustive, however journalists should be extremely cautious to
avoid:
1. Reporting anything said in the absence of a jury including material from directions
hearings
2. Revealing prior convictions (avoid doing this altogether unless they are part of
sentencing submissions given in court)
3. Reports which imply guilt or innocence of the accused (this includes reporting on any
special security arrangements. Limit descriptions to that which a juror would see in the
courtroom)
4. Comments, as distinct from reports of the court case
5. Confessions or witness statements or other material not admitted in evidence before a
jury
6. Pictures of the accused where identity is an issue.
Voir dire is legal argument which takes place in the absence of a jury. These hearings are
open to the public but cannot be reported because it could cause a mistrial. Report only what
is said in front of the jury.
Do not quote from a precis of a judgment. (See Precis in Media Access below).
STATUTORY LIMITATIONS ON REPORTING
Statutory limits exist on reporting. Journalists should familiarise themselves with relevant
legislation. The list below may not be comprehensive. Journalists should exercise caution
and seek legal advice if in doubt.
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Suppression orders
The Evidence Act (Section 69A) provides that a court may make orders to suppress some,
part or all of the proceedings. Where an application is made for a suppression order, section
69A(5)(iii) provides that a media representative may make submissions on the making of the
order. A journalist wishing to make a submission should wait for the presiding judicial officer
to invite media submissions, then stand in the public gallery to introduce themselves by
name and the organisation they represent. Submissions should be made clearly and
courteously.
Provision of suppression orders
Under recent changes to the Evidence Act, media organisations are able, on payment of an
annual fee, to have suppression orders faxed to them. This service applies to all orders, any
variations and any revocations of orders.
Inspection of suppression orders
Terms of a suppression order may be obtained from an electronic Suppression Order
Register, which can be viewed at a Kiosk located near the Registry, Ground Floor, Sir
Samuel Way Building. This includes suppression orders that are made in courts outside of
Sir Samuel Way Building and is open from 8.45am to 5pm. In an emergency, contact the
Media and Communications Manager.
It is important to note that it is the responsibility of the publisher/journalist to ensure
the suppression order is not breached. The onus is on the media to check in every
case as to whether there is a suppression order in place and what its terms are.
A breach of a suppression order may result in a fine or may constitute contempt of court.
Other Statutory limitations
Sexual cases
The Evidence Act (Section 71a) provides automatic suppression of the identity of accused
persons in sexual offences even before being charged and while the case is still in a
Magistrates Court. No reporting of the proceedings or the evidence is allowed. An adult
accused person can consent to being identified. After committal for trial, reporting is allowed
and the accused can be named, but victims of sexual offences must NOT be identified at
any time unless the judge makes an order, or the adult victim agrees to be identified.
Compulsory publication
The Evidence Act (Section 71b) provides that if a news outlet names any person accused of
an offence and the person is later acquitted or the charges dismissed, the media
organisation is required to report the result with similar prominence to the earlier reports. If
unsure about how to comply, an application can be made to the Supreme Court for
directions. The Act also requires that any report after the result of a case where there is no
conviction must include the result.
Questions of law
The Evidence Act (Section 71c) provides automatic suppression on the identity of an
acquitted person where the Full Court is considering the referral of a question of law from the
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trial. Where a person is acquitted, and the prosecution asks the Full Court of the Supreme
Court to clarify a question of law from the trial court, the identity of the acquitted person
cannot be revealed in any report of the Full Court hearing and nothing can be reported from
which the identity of the acquitted person might reasonably be inferred unless the acquitted
person consents.
Defacto Matters
The Domestic Partners Property Act 1996 (Section 14a) restricts publication of proceedings
as follows:
(1)
A person must not publish, by radio, television, newspaper or in any other way—
(a) a report of a proceeding, or part of a proceeding, under this Act that identifies or
could tend to identify—
(i)
a party to the proceeding; or
(ii)
a witness in the proceeding; or
(iii) a person who is related to, or associated with, a party to the proceedings
or a witness in the proceeding, or is, or is alleged to be, in any other way
concerned in the matter to which the proceeding relates; or
(b)
a list of proceedings under this Act identified by reference to the names of the
parties to the proceedings.
Maximum penalty: $10 000 or imprisonment for 2 years.
Youth Court
The Youth Court Act (Section 24 (1)(f)(ii)) allows a genuine representative of the news media
to be present at any sitting of the Youth Court, unless excluded by the Court if the Court
considers it necessary to do so in the interests of the proper administration of justice.
The Young Offender’s Act (Section 13) prohibits a report in which any youth, who is the
subject of a police caution or a family conference, is identified or which contains information
tending to identify the youth, or which reveals the name, address or school, or includes any
particulars, picture or film that may lead to the identification of any youth concerned in any
way. However, a person proposing to make a documentary or undertake an educational or
research project about juvenile justice matters may apply to the Court for permission to
publish a report identifying a youth, if the youth and a guardian of the youth consent to its
publication. Section 13 also prohibits the publication of any report which identifies a victim or
any other person involved in any action or proceeding taken by a police officer or family
conference (other than a person involved in an official capacity) without the consent of the
victim or other person.
Section 63C prohibits the publication of any report of court proceedings which identifies or
tends to identify the youth, the subject of the proceedings, or which reveals the name,
address or school, or includes any particulars, picture or film that may lead to the
identification of any child or youth concerned in the proceedings, either as a party or as a
witness.
The Children's Protection Act (Section 59) prohibits the publication of any report of family
care meetings or anything said or done at such a meeting. Section 59A prohibits the
publication of any report of care and protection proceedings which identifies or tends to
identify the child who is the subject of the proceedings or reveals the name, address or
school, or includes any particulars, picture or film that may lead to the identification of any
child concerned in the proceedings, either as a party or a witness.
The Adoption Act (Section 31) makes it an offence to publish in the news media:
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1) the name of a child, or a parent or guardian of a child, or any party to adoption
proceedings;
2) material tending to identify the child, parent or guardian of a child, in relation to whom
adoption proceedings have been taken; or
3) to publish material tending to identify any party to those proceedings.
Other legislation
The Family and Community Services Act (Section 238) provides for automatic suppressions
on publication of any particulars whatsoever to do with any complaint or proceedings about
the birth of a child outside marriage or matters of paternity.
The Wrongs Act (Section 6) provides privilege for reporting legal proceedings provided they
are fair, accurate and contemporaneous reports and are not indecent or blasphemous. Any
malice defeats the privilege. Sections 9 and 10 provide that a prompt apology mitigates
damages.
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MEDIA ACCESS
Media liaison and facilities for media
The Courts Administration Authority provides a media liaison service. The service extends
to documentary makers, authors, feature filmmakers, news journalists, feature writers and
current affairs production.
The branch is located on level 1, Sir Samuel Way Building and its hours are from 8.30am to
5.30pm, although the Media and Communications Manager is on call from 8am to 8pm,
seven days. Contact may also be made by fax or e-mail (See Contacts below for details).
Interviews
Judicial officers do not comment on specific cases. They speak publicly through their
reasons and rulings which form part of the trial process. However, judicial officers do
conduct media interviews from time to time on general topics. Interviews should be arranged
through the Media and Communications Branch.
Press conferences
Judicial officers rarely hold press conferences. When they do, a media advice will be issued
with separate guidelines. If in doubt, contact the Media and Communications Branch.
Media forums
It is a feature of the South Australian courts that media representatives are invited to and
may initiate an informal meeting between the judiciary, court administrators and
representatives of the media. Customarily, media forums are held once a year. Media
wishing to initiate a forum or to add items to the agenda for discussion should contact the
Media and Communications Manager.
Facilities
A media room is located on level 5 of the Sir Samuel Way Building.
Within courtrooms, media facilities range from full media benches to chairs with writing arms.
Problems or requests relating to media facilities should be directed to the Media and
Communications Branch.
Magistrates Call Centre
The media and public can access any information about Magistrates Court and Youth Court
matters by calling the Call Centre on 8204 2444 from 8.30am to 5.00pm Monday to Friday.
Case lists
Case lists for all courts are published on the internet at www.courts.sa.gov.au after 4.45pm
the day before hearings. They are published in The Advertiser newspaper daily and are also
placed on notice boards in public areas of every courthouse.
16
Access to court files
Legislation governs access to evidence in various jurisdictions. Copies of relevant legislation
are attached as Appendix B to these guidelines.
Generally, legislation governing accessibility of evidence in criminal matters categorises
court documents into two groups - those which a court must release and those which may
only be released with the permission of the court.
Examples of what a court must release are transcript, judgments, sentencing remarks,
orders of the court, and any documentary material admitted into evidence in open court.
The permission of the court must be obtained for the release of video tapes, photographs,
documents not tendered in open court, material from committal hearings (prior to a trial
being heard), victim impact statements, documents containing suppressed material and
medical reports. This list is not comprehensive.
Journalists are reminded that access to file material does not imply permission to publish.
In the industrial relations jurisdiction, note that information on the file cannot be made public
without the permission of the Industrial Relations Court of South Australia or the Industrial
Relations Commission of SA. (see Section 159 of the Industrial and Employee Relations Act
1994 in Appendix B). Applications to view the document can be made directly to the
Registrar of the Court or Commission.
Access forms
In general, applications to view evidence should be made at the counter of the relevant
registry. In some cases, registry staff will require a written application, preferably a
completed form entitled Media Application for Access to Evidence. These forms are
available on the CAA website at www.courts.sa.gov.au/ForMedia/Pages/Access-toEvidence.aspx. They are available for each jurisdiction and are self-explanatory. Forms may
also be obtained from the registry concerned and from the Media and Communications
Branch. If in doubt about access, contact the Media and Communications Branch.
Judgments, sentencing remarks, inquest findings
Copies of most judgments of the higher courts and the ERD Court and sentencing remarks
in cases listed on the case list are available on the CAA website at www.courts.sa.gov.au
(Click on Sentencing Remarks or Judgments).
Inquest findings are posted to the internet within 30 minutes of being delivered in court.
Findings may be viewed or printed off at
http://www.courts.sa.gov.au/CoronersFindings/Pages/default.aspx.
A summary of sentencing procedures and principles is available on the CAA website, on the
Sentencing Remarks opening page.
Precis
If a judgment is particularly complex, a judge may provide a precis for the benefit of media.
This usually happens only in higher courts. The precis will ordinarily be no more than half a
page and will summarise the decision which the court has made. It will not contain any
comment or speculation about the possible consequences or the effect of the decision. A
request for a precis should be made to the Media and Communications Branch in advance
of the judgment being delivered. A precis is an aid to journalists and is not to be quoted from
as if it is the judgment or sentencing remarks.
17
Transcript
Transcript may be viewed on terminals outside the transcript area in the Sir Samuel Way
Building. No hard copies are available unless purchased.
Access to uncorrected transcript at short notice may be arranged through the Media and
Communications Branch.
It is important to note that running transcript is not usually taken in the Magistrates Court and
is therefore rarely available. If a journalist finds he or she should be in two places at the
same time - either in a Magistrates Court or a higher court, he or she should opt for
attendance in the Magistrates Court.
Similarly, coronial inquests are usually audio recorded. There may be a delay of 48 hours for
the tapes to be transcribed.
Filming
Filming or still photography in a courthouse is prohibited without prior permission from the
Sheriff. Filming in a courthouse to illustrate a daily news story is not allowed. However, it
may be possible to film in a courthouse to illustrate a justice-related feature story or
documentary. Contact the Media and Communications Manager.
A no-go zone exists at the entrance of the Sir Samuel Way Building and on the steps of the
Adelaide Magistrate’s Court. Media are asked to remain off the mats which activate the entry
doors. Filming into foyers through these open doors is prohibited.
Filming on ceremonial occasions
A pool camera and still pool camera are allowed in special sittings of courts, provided they
record only vision. Permission should be obtained from the court, via the Media and
Communications Branch, for recording sound as well as vision. Ceremonial occasions
usually are confined to special sittings to welcome or farewell judges or magistrates.
Filming evidence/exhibits
Where a court allows filming of exhibits, the exhibits may be filmed outside of the courtroom
in an area negotiated with the court or the Media and Communications Manager. An
associate, orderly or member of the Media and Communications Branch staff will control the
exhibit and will remain with the film crew until it is no longer required. Media should consider
all-in shoots in these instances.
Filming one-to-one interviews
Interviews with judicial officers or senior court administrators should be arranged with the
Media and Communications Manager, preferably with 24 hours notice.
Filming court proceedings
It is the policy of the courts that proceedings will not be filmed. The possibility of media
filming proceedings is under consideration by the Chief Justice.
18
Jury views
The Supreme Court issued this practice direction on 9 October 2002:
1. A view is part of the trial and is under the control of the trial judge.
2. The trial judge may give directions as to the conduct of the view but in the absence of
special directions those below will apply to the view.
3. Subject to any contrary order of the court, any person may attend a view, but this
practice direction does not authorise any such person to trespass on private property.
4. Where a view takes place in a confined space, the judge may limit the number of
persons entering that space to those necessary for the conduct of the view.
5. No member of the media or public is to come so close to jurors as to be able to
overhear what is said between them.
6. No member of the media or public is to be so close to the judge or counsel so as to
be able to overhear private conversations.
7. Jurors are not to be filmed or photographed.
8. Witnesses at views are not to be filmed or photographed.
9. If there is no suppression order relating to the identity of the accused, he or she may
be filmed, photographed and sketched from a distance, but not so as to show that he
or she is in custody or under restraint or in any way which might suggest guilt.
10. Other than with the permission of the judge there is to be no sound recording at the
view.
Sound recording
Audio tape recording of proceedings is permissible in the Supreme and District Courts but
only on condition the tape is used as an aid and not for publication.
The material on the tape must not be made available to any other person and must be
erased within 48 hours of recording.
The judge presiding over a hearing has power to direct or order that tapes are turned off, in
the light of the circumstances of a particular case. No sound recording is to be made during
jury selections.
Tape recording in Magistrates Courts can only occur with the permission of the magistrate,
arranged in advance through the court or the Media and Communications Manager.
The tape recorder must be unobtrusive and remain with the journalist concerned, not on the
bar table or bench unless prior permission has been obtained. Handling of the recorder by
the journalist must also be unobtrusive.
Tape recordings of instructions to juries during views are permissible only after application to
the court in advance and are to be allowed only as an aid, not for broadcasting.
For documentary reporting, the recording of sounds relating to court cases may only occur
with the court’s advance permission.
Sketching
Sketching in the Magistrates, District and Supreme Courts is generally permitted. However,
before sketching takes place, the presiding judicial officer should be informed (through their
associate or clerk, or through the Media and Communications Branch on 8204 0403) of what
is proposed and who is to be sketched.
19
The presiding judicial officer retains the discretion to order that sketching not take place, or
be limited in some way.
Cases in which identity is an issue require particular consideration because publication could
affect the identification process. Under no circumstances can jurors be sketched.
GENERAL INFORMATION
Complaints should be directed to the Media and Communications Manager in the first
instance.
Emergency procedures - In the event of an emergency requiring the evacuation of a
courtroom or courthouse, designated staff – usually a Sheriff’s officer – will give instructions.
20
CONTACTS
COURTS ADMINISTRATION AUTHORITY
Home Page: http://www.courts.sa.gov.au
16th Floor, Education Centre
31 Flinders Street
Adelaide SA 5000
Tel. (08) 8226 0138
Fax (08) 8226 0137
Media and Communications Branch
Sylvia Kriven
Media and Communications Manager,
Courts Administration Authority of South Australia,
Level 1, Sir Samuel Way Building, Adelaide SA 5000.
Postal Address: GPO Box 2465, Adelaide 5001.
Phone: (08) 8204 0388. Fax: (08) 8204 0441. Mobile: 0421 617 205.
Email: sylvia.kriven@courts.sa.gov.au
COURTS AND TRIBUNALS IN SOUTH AUSTRALIA
Australian Industrial Relations Commission
Level 8, Riverside Centre
North Terrace
Adelaide SA 5000
Tel. (08) 8308 9863
Fax (08) 8308 9864
Commercial Tribunal
50 Grenfell Street
Adelaide SA 5000
Tel. (08) 8226 8462
Fax (08) 8226 8237
Coroner’s Office
302 King William Street
Adelaide SA 5000
Tel. (08) 8204 0600
Fax (08) 8204 0633
District Court of South Australia
Sir Samuel Way Building
Victoria Square
Adelaide SA 5000
Criminal Registry:
Ground floor
Tel. (08) 8204 0289
Fax (08) 8204 0543
Civil Registry:
Ground floor
Tel. (08) 8204 0289
Fax (08) 8204 0544
21
Environment, Resources and Development Court
Sir Samuel Way Building
Victoria Square
Adelaide SA 5000
Tel. (08) 8204 0289
Fax (08) 8204 8434
Family Court of Australia
Level 5, 25 Grenfell Street
Adelaide SA 5000
Tel. (08) 8205 2666
Fax (08) 8205 2688
Federal Court of Australia
8th Floor, Grenfell Centre
25 Grenfell Street
Adelaide SA 5000
Tel. (08) 8205 4436
Fax (08) 8205 4439
Industrial Relations Commission of South Australia
8th Level
Riverside Centre
North Terrace
Adelaide SA 5000
Tel. (08) 8207 0999
Fax (08) 8207 0995
Industrial Relations Court of South Australia
Level 7
Riverside Centre
North Terrace
Adelaide SA 5000
Tel. (08) 8207 0999
Fax (08) 8207 0995
Licensing Court of South Australia
3rd Floor East Wing
50 Grenfell Street
Adelaide SA 5000
Tel. (08) 8226 8410
Fax (08) 8226 8512
National Native Title Tribunal
Level 10, Chesser House
91 Grenfell Street
Adelaide SA 5000
Tel. (08) 8306 1230
Fax (08) 8224 0939
Magistrates Court
(see full alphabetical list below)
Sheriff’s Office
Sir Samuel Way Building
22
Victoria Square
Adelaide SA 5000
Tel. (08) 8204 0154
Fax (08) 8204 0162
Supreme Court of South Australia
301 King William Street
Adelaide SA 5000
Civil Registry (Sir Samuel Way Building):
Tel. (08) 8204 0289
Fax (08) 8212 7154
Criminal Registry (Sir Samuel Way Building):
Tel. (08) 8204 0289
Fax (08) 8204 0543
Workers Compensation Appeal Tribunal
8th Floor
Riverside Centre
North Terrace
Adelaide SA 5000
Tel. (08) 8207 0999
Fax (08) 8207 0995
Youth Court
75 Wright Street
Adelaide SA 5000
Tel. (08) 8204 0331
Fax. (08) 8204 0333
Magistrates Court of South Australia (Adelaide Magistrates Court)
Tel. (08) 8204 2444
Fax (08) 8204 0670
Berri Court
Tel. (08) 8595 2061
Fax. (08) 8582 4187
Ceduna Court (circuit days only)
Tel. (08) 8625 2520
Fax (08) 8625 2728
Christies Beach Court
Tel. (08) 8329 5940
Fax (08) 8329 5947
Coober Pedy Court (circuit days only)
Tel. (08) 8672 5601
Fax (08) 8672 5712
Elizabeth Court
Tel. (08) 8207 9237
Fax. (08) 8207 9231
Holden Hill Court
Tel. (08) 8207 6163
Fax (08) 8207 6199
23
Kadina Court (circuit days only)
Tel. (08) 8821 2626
Fax (08) 8821 3114
Mount Barker Court
Tel. (08) 8391 0255
Fax (08) 8398 3011
Mount Gambier Court
Tel. (08) 8735 1060
Fax. (08) 8723 9894
Murray Bridge Court
Tel. (08) 8535 6060
Fax (08) 8531 0537
Naracoorte Court (circuit days only)
Tel. (08) 8762 2174
Fax (08) 8762 3090
Port Adelaide Court
Tel. (08) 8207 6205
Fax (08) 8207 6233
Port Augusta Court
Tel. (08) 8648 5120
Fax (08) 8642 6461
Port Lincoln Court
Tel. (08) 8688 3060
Fax (08) 8683 3394
Port Pirie Court
Tel. (08) 8638 4901
Fax (08) 8638 4902
Tanunda Court
Tel. (08) 8563 2026
Fax (08) 8563 2419
Whyalla Court
Tel. (08) 8648 8120
Fax (08) 8645 7206
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PUBLIC INFORMATION OFFICER CONTACTS IN AUSTRALIA AND NEW ZEALAND
COURTS ADMINISTRATION AUTHORITY
Home page: www.courts.sa.gov.au
Sylvia Kriven
Media and Communications Manager,
Courts Administration Authority of South Australia,
Level 1, Sir Samuel Way Building, Victoria Square, Adelaide SA 5000.
Postal Address: GPO Box 2465, Adelaide 5001.
Phone: (08) 8204 0388. Fax: (08) 8204 0441. Mobile: 0421 617 205.
Email: sylvia.kriven@courts.sa.gov.au
HIGH COURT OF AUSTRALIA
Home page: http://www.hcourt.gov.au/
Dr Hanna Jaireth
Manager Public Information,
High Court of Australia,
Parkes Place, Parkes ACT 2600.
Postal Address: PO Box E435, Kingston ACT 2604.
Phone: (02) 6270 6998. Fax: (02) 6270 6868. Mobile: 0415 144 284
Email: Hanna.Jaireth@hcourt.gov.au
FEDERAL COURT OF AUSTRALIA
Home page: http://www.fedcourt.gov.au/
Bruce Phillips
Director, Public Information,
Federal Court of Australia.
Postal Address: DX 435 Melbourne.
Phone: (03) 8600 3270. Fax: (03) 8600 3271. Mobile: 0419 341 506.
Email: bruce.phillips@fedcourt.gov.au
FAMILY COURT OF AUSTRALIA
Home page: www.familycourt.gov.au
Janelle McLoughlin
Communications Manager,
Family Court of Australia ,
GPO Box 991, Canberra, ACT 2601
Phone: (02) 6243 8690. Mobile: 0447 225 685.
Email: janelle.mcloughlin@familycourt.gov.au
Denise Healy
Media and Public Affairs Manager
Family Court of Australia
305 William St, Melbourne Vic 3000
Phone: 03 8600 4357. Fax: (03) 8600 8205. Mobile: 0409 743 695
Email: denise.healy@familycourt.gov.au
25
FEDERAL MAGISTRATES COURT
Home page: www.fmc.gov.au
Janelle McLoughlin
Communications Manager,
Federal Magistrates Court ,
GPO Box 991, Canberra, ACT 2601
Phone: (02) 6243 8690. Mobile: 0447 225 685.
Email: janelle.mcloughlin@familycourt.gov.au
Denise Healy
Media and Public Affairs Manager
Federal Magistrates Court
305 William Street, Melbourne VIC 3000
Phone: 03 8600 4357. Fax: (03) 8600 8205. Mobile: 0409 743 695
Email: denise.healy@fmc.gov.au
FAIR WORK AUSTRALIA
Home page: http://www.fwa.gov.au
Judy Hughes
Communications Manager
Fair Work Australia
11 Exhibition Street, Melbourne VIC 3000.
Postal Address: GPO Box 1994, Melbourne 3001.
Phone: (03) 8661 7862. Fax: (03) 9655 0401. Mobile: 0407 920 815.
Email: judy.hughes@fwa.gov.au
jade.casotti@fwa.gov.au
jane.fraser@fwa.gov.au
justin.napier@fwa.gov.au
tarone.vanniekerk@fwa.gov.au
INDUSTRIAL RELATIONS COURT AND COMMISSION, SOUTH AUSTRALIA
Home page: http://www.industrialcourt.sa.gov.au/
John Correll
Registrar,
Industrial Relations Court and Commission, Workers Compensation Tribunal
Riverside Centre, North Terrace, Adelaide.
Postal Address: DX 56501 North Terrace, Adelaide.
Phone (08) 8207 0952. Fax: (08) 8207 0995. Mobile: (0417 844 451
Email: correll.john@saugov.sa.gov.au
SUPREME COURT OF NEW SOUTH WALES
Home page: www.lawlink.nsw.gov.au/sc
Kerrie Douglass and Sonya Zadel
Public Information Officers,
Supreme Court of New South Wales,
Chief Justice’s Chambers
Postal Address: GPO Box 3, Sydney, NSW 2001.
Phone: (02) 9230 8190. Fax: (02) 9230 8667. Mobile: 0411 235 740.
Email: kerrie_douglass@courts.nsw.gov.au
sonya_zadel@courts.nsw.gov.au
26
SUPREME COURT OF VICTORIA
Home page: http://www.supremecourt.vic.gov.au/
Anne Stanford
Public Information Officer,
Supreme Court of Victoria,
210 William Street, Melbourne VIC 3000.
Phone: (03) 9603 6158. Fax: (03) 9603 6061.
Email: anne.stanford@supremecourt.vic.gov.au
Erandathie Jayakody
Court Liaison Officer,
Supreme Court of Victoria,
Phone: (03) 9603 6182. Fax: 03-9603 6352
Email: erandathie.jayakody@supremecourt.vic.gov.au
COUNTY COURT OF VICTORIA
Home page: http://www.countycourt.vic.gov.au
Anna Bolger,
Communications Manager,
250 William Street,
Melbourne VIC 3000
Phone: (03) 8636 6272
Email: anna.bolger@countycourt.vic.gov.au
VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
Home page: http://www.vcat.vic.gov.au/
Karen Stingemore
Manager, Publications and Communications
Phone: (03) 9628 9027 Mob: 0411 318 995 Fax: (03) 9628 9891
Email: karen.stingemore@justice.vic.gov.au
SUPREME COURT OF WESTERN AUSTRALIA
Home page: http://www.supremecourt.wa.gov.au/
Val Buchanan
Manager, Media and Public Liaison,
Supreme Court of Western Australia,
Stirling Gardens, Cnr Barrack Street & St George’s Tce, Perth WA 6000.
Phone (08) 9421 5303. Fax: (08) 9221 0122. Pager: (08) 9324 4319.
Email: val.buchanan@justice.wa.gov.au
27
NATIONAL NATIVE TITLE TRIBUNAL
Home page: www.nntt.gov.au
Deborah Spittle
Public Affairs Officer
Level 4, Commonwealth Law Courts,
1 Victoria Avenue, Perth, Western Australia 6000
Phone: (08) 9268 7495. Fax: (08) 9268 7299 Mobile: 0419 441 504
Email: deborah.spittle@nntt.gov.au
mary.francis@nnntt.gov.au
NORTHERN TERRITORY COURTS
Home page: www.nt.gov.au/justice/courtsupp/index.shtml
Malika Okeil
Courts Liaison and Education Officer
Court Support Services
Department of Justice
NT Supreme Court, State Square
GPO Box 3547 ,
Darwin NT 0801
Phone: (08) 8999 5295, Fax: (08) 8999 5512 Mobile : 0402 084 861
Email: malika.okeil@nt.gov.au
Lorelei Fong Lim
Media and Communications Manager
Department of Justice
GPO Box 1722
Darwin NT 0801
Phone: 8935 7409, Fax: 8935 7414. Mobile: 0401 116 728
Email: lorelei.fonglim@nt.gov.au
NEW ZEALAND COURTS
Home page: www.justice.govt.nz/courts
Neil Billington
Senior Judicial Communications Adviser (NZ),
Office of the Chief Justice of New Zealand,
High Court, Level 2, Molesworth Street.
Postal Address: Chief District Court Judge’s chambers, PO Box 10-167, Wellington NZ.
Phone: [0011-64-] (04) 914- 3834. Fax: (04) 914-3636. Mobile: 027-233-7825.
Email: neil.billington@courts.gov.nz
JUDICIAL OFFICE FOR SCOTLAND
Home page: www.scotcourts.gov.uk
Elizabeth Cutting MCIPR
Head of Judicial Communications
1a Parliament Square
Edinburgh EH1 1 RF
Phone: [001144] 131 240 6854. Fax: [001144] 131 240 6711. Mobile: 07917 068173
(last updated June 2010)