4.
Hearing and subsequent activity
4.1
The application shall be heard by the Judge without notice being given
to any person the subject of the application in accordance with the
provision of s.107 of the Act.
4.2
Where an order is made, the applicant shall have the order engrossed
and lodge it in duplicate in a sealed envelope with the Associate for
presentation to the Judge to be signed by the Judge. The signature of
the Judge shall be sufficient authentication of the order and it shall not
be necessary for the order to be settled by a Registrar or sealed.
4.3
The Associate shall arrange for a signed copy of the order in a sealed
envelope to be collected personally by the applicant or the applicant's
representative. The other copy of the order shall be securely retained
by the Court.
4.4
If the Judge gives written reasons for decision, no copy of those
reasons is to be retained in electronic form and no copy of the reasons
is to be made or distributed other than to the applicant in accordance
with the usual protocol for the delivery of judgments.
5.
Custody of records
5.1
Once the matter has been completed, the Judge shall seal any
documents relating to the matter (including the Judge's notes and any
reasons for decision) which the Court retains in an envelope and label
it:
9. Specialised Procedures
PD 9.15
Supreme Court of Western Australia
Consolidated Practice Direction
'Assumed Identity No [
xx
] of [
YEAR
]
Order of the Hon Justice [
NAME
] dated [
DATE
]
NOTE: This envelope is not to be opened other than as ordered by a
Judge.'
5.2
The Associate shall deliver the sealed envelope to the Court Officer
who shall record in the Register against the number of the matter the
name of the Judge and the date of the order.
5.3
The envelope and the Register shall be kept in the secure area of the
vault set aside for the purpose.
5.4
The envelope shall not be opened other than in accordance with the
order of a Judge.
5.5
If an order authorising the opening of the envelope is made, the Judge
who made the order shall, immediately after the further hearing,
re-seal the envelope and endorse it with a note to this effect:
'Envelope opened on [
DATE
] by order of [
NAME OF JUDGE
]
Record of proceedings before [
NAME OF JUDGE
] on [
DATE
]
Nature of the action taken [
give brief details
]
Envelope re-sealed on [
DATE
]'
5.6
The Court Officer shall transcribe the information required by par 5.5
in the Register against the number of the matter.
9. Specialised Procedures
Supreme Court of Western Australia
Consolidated Practice Direction
9.16
Applications under the
Criminal Investigation
(Covert Powers) Act 2012
(WA)
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