Practice Direction 1 of 2024 - Transcript of Proceedings
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1. Application of Practice Direction
This Practice Direction applies to a request for a transcript of proceedings to be provided by the Court in accordance with s 51A of the Children's Court of Western Australia Act 1988 (the Act).
For the avoidance of doubt, this Practice Direction does not affect the practice of the Court to provide transcript of criminal proceedings to parties in the Judges' jurisdiction or as ordered by a judicial officer of the Court.
Practice Direction 3 of 2023 is revoked and replaced by this Practice Direction which has effect from 1 February 2024.
2. Request for a transcript of proceedings
Any person who requests a transcript of proceedings must complete a Transcript Request Form and submit it to the registry of the Children's Court.
3. Request by a party to criminal proceedings or a person pursuant to s 51A(3) of the Act
A party to the proceedings and any other person who is entitled to access the court record pursuant to s 51A(3) of the Act will be provided with a copy of the transcript of proceedings following:
- a written request in accordance with paragraph 2 above; and
- payment of any applicable fee. See fees or contact the court transcript officer on 08 9218 0100.
4. Request by a non-party or a person not entitled to access pursuant to s 51A(3) of the Act
A person who is not a party to the proceedings and is not otherwise entitled to access the court record pursuant to s 51A(3) of the Act may apply to the Court to obtain a copy of the transcript of proceedings in accordance with paragraph 2 above.
The Court will consider such an application and determine whether it is appropriate to provide a copy of the transcript of proceedings.
Where the Court considers it appropriate to provide a copy of the transcript of proceedings, this will only be provided once the applicable fee has been paid. See fees or contact the court transcript officer on 08 9218 0100.
5. Transcript by email
Any transcript of proceedings provided by the Court will be delivered by email unless:
- the person requesting the transcript does not have access to an email address; or
- the Court agrees to a paper transcript being made available.
A recipient of a Children's Court transcript of proceedings should ensure that they comply with the confidentiality provisions of the Children and Community Services Act 2004, the Children's Court of Western Australia Act 1988 (in particular, s 35 and s 36) and the Young Offenders Act 1994.
Transcripts of proceedings are provided on the basis that they are to remain in the possession of the person requesting the transcript, and are not to be shown, copied or circulated to any other person without leave of the Court, except to a party to whom the proceedings relate or their lawyer.
Judge Hylton Quail
Children's Court of Western Australia
31 January 2024
Last updated: 31 January 2024