Submission from the Australian Press Council to the NSW Supreme Court on its draft policy on access to court records.

16 June 2004

The ideal of open justice is a key pillar of the common law tradition upon which the Australian legal system is founded. In contemporary society, open justice is achieved by the publication of fair and accurate reports of court proceedings by the media. Through such media reporting court proceedings are rendered transparent to the public.

In order to ensure that media reports of court proceedings are indeed fair and accurate it is essential that journalists have an opportunity to view all documents which are considered by the court in making a determination. In the absence of an opportunity to view such documents journalists are at a major disadvantage when attempting to comprehend and accurately report on court proceedings. In instances where journalists have been denied access to court documents the consequences may often be a misunderstanding of court proceedings and consequently misleading or factually incorrect reports of those proceedings by the media.

In order for journalists to gain an understanding of court proceedings and thus prepare a fair and accurate report for publication, it is not sufficient to have access only to the most basic information, such as court attendance notices, orders and police fact sheets. For the purpose of preparing fair and accurate reports of proceedings it is necessary that journalists have access to all documents which have been considered by the court in formulating its decision, including affidavits and other evidence which has been tendered.

While the Press Council recognises that there are circumstances in which access to court records must be restricted in order to protect the rights of parties or witnesses, the Council is of the view that such restrictions should be applied only in the most exceptional circumstances and when absolutely necessary. Where publication of information pertaining to a party or a witness would jeopardise that individual's rights or safety it may be appropriate to issue orders preventing the media from accessing the relevant documents. However, in the absence of an order from a judicial officer restricting access for such purposes, court reporters should have free access to all documents which form part of the court record.

See also
Index of website material on courts and contempt

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