7.
Production of Court Records
7.1
The equipment for recording the proceedings referred to in pars 4.11(c)
and 6.5 will be held at the Supreme Court in the Business Services
office.
7.2
Unless hand written, orders under par 6.2 and reasons under par 6.4
are not to be word processed on the Court's networked drives, but on
the hard drive (c:drive) only.
7.3
Should the Judge propose to dictate the reasons for transcription by his
or her Secretary, the Judge will arrange to advise the Secretarial
Supervisor so that access to the Judge's dictation is limited to only his
or her Secretary.
7.4
Upon the detainee being released from detention under the
preventative detention order, and subject to any order otherwise from
the Judge, the Judge's Associate is to:
(a)
enter the matter (with anonymised detainee name) and orders
under par 6.2 into the Court's networked case management
system (ICMS); and
(b)
arrange for the Judge's Secretary to enter the reasons (if any)
into the judgment databases (with anonymised detainee name).
The order and reasons are to be suppressed, unless otherwise
authorised by the Minister or determined by the Court to under s 53(3).
9. Specialised Procedures
PD 9.17
Supreme Court of Western Australia
Consolidated Practice Direction
8.
Custody of Court Records
8.1
The following procedures apply subject to any authorisation by the
Minister or determination by the Court to publish information under
s 53(3).
8.2
Once the matter has been completed, the Judge shall seal any
documents relating to the matter which the Court retains (including
the Judge's notes, any written reasons for decision, the order and any
secure digital card as described in par 6.5) in an envelope and label it:
'TERRORISM (PREVENTATIVE DETENTION) ACT 2006
T(PD)A No. [
xx
] of [
YEAR
]
[
HEADING
]
Order of the Hon Justice [
NAME
] dated [
DATE
]
NOTE: This envelope is not to be opened other than as ordered by a
Judge'
8.3
The Associate shall deliver the sealed envelope to the Manager
(Customer Service) who shall record in the T(PD)A Register against
the number of the matter the name of the Judge and the date of the
order.
8.4
The envelope and the T(PD)A Register shall be kept in the secure area
of the vault set aside for the purpose.
8.5
The envelope shall not be opened other than in accordance with the
order of a Judge.
8.6
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
]'
8.7
The Manager (Customer Service) shall transcribe the information
required by par 8.6 in the T(PD)A Register against the number of the
matter.
9. Specialised Procedures
PD 9.17
Supreme Court of Western Australia
Consolidated Practice Direction
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