Effective Date: Effective Date: 1 March 2008
This document outlines the exemption provisions as laid out in the Information Privacy Act 2000 (the Act).
The document outlines the procedures followed by the County Court with regard to the disclosure of information contained in the County Court records.
This document outlines the Information Privacy Principles (IPP) as laid out in the Information Privacy Act 2000 in so far as they apply to the County Court. These principles guide the County Court with regard to the collecting and handling of certain personal information held by the County Court.
EXEMPTION
It should be noted that the County Court is generally exempt from the requirements of the Act, pursuant to section 10 as follows;
Nothing in the Act or in any of the Information Privacy Principles outlined in schedule 1 of the Act applies to the County Court in respect of the collection, holding, management, use, disclosure or transfer of personal information which relate to the judicial or quasi-judicial functions of a judge or quasi-judicial officer.
Further, nothing in the Act or in any of the Information Privacy Principles outlined in schedule 1 of the Act applies to the County Court in relation to the registry or office of the Court, or those matters which relate to the judicial or quasi-judicial functions of the Court carried out by the staff of the registry or other office in their capacity as members of that staff.
The County Court and its staff, although exempt as outlined above, are required to comply with the Act in relation to administrative functions (e.g. Human Resource functions).
PRACTICES & PROCEDURES IN THE COUNTY COURT RELATING TO COURT RECORDS, ACCESS TO COURT RECORDS
The County Court is a court of public record and is open to the public unless the Court makes an order under sections 80 or 80AA of the County Court Act 1958 closing proceedings or restricting publication of certain information.
This can apply to any proceeding whether civil or criminal.
Listing of Cases
Information regarding the listing of civil and criminal cases may be searched on the County Court website and these details are published daily in the Law List in the "Age" Newspaper.
Criminal files
See Access to Court Records document
Parties to criminal and appeal matters may access documents on the file upon reasonable written notice to the Registry, upon appropriate identification, before and after the trial, at the discretion of the Registrar.
Any request by parties for access during the trial is to be referred to the trial judge.
Non parties requesting access to a file can apply in writing to the trial judge or if the case has not been allocated a hearing date to the appropriate List Judge.
Criminal Justice Enhancement Program (CJEP) Systems
The Criminal Justice Enhancement Program (CJEP) is a Justice Department-wide initiative aimed at improving access, quality and efficiency in Victoria's criminal system. The CJEP program covers significant components of both the law enforcement and judicial functions of government. The County Court is a key-agency or 'partner organisation' in this program.
Searching Civil Files
Civil files may be searched pursuant to the provisions of Order 5, of Chapter 2 - County Court Miscellaneous Rules 1999 and on payment of the prescribed fee. The Registrar may seek directions from a Judge as to whether a search shall be made and until the judge so directs no search shall be made.
Rule 28(5) of the County Court Rules of Procedure in Civil Proceedings 1999 also provides authority and certain restrictions on inspecting and copying civil files: -
When the office of the Court is open, any person may, on payment of the proper fee, inspect and obtain a copy of any document filed in a proceeding.
No person may inspect or obtain a copy of a document which the Court has ordered remain confidential;
A person not a party may not without leave of the Court inspect or obtain a copy of a document which in the opinion of the Prothonotary [Registrar] ought to remain confidential to the parties.
As part of the County Court's new Case and List Management Computer System (CLMS), a free internet search facility for civil cases has been available to legal practitioners and the public from since March 2002.
This service is designed to provide selected information concerning cases in the Court's civil jurisdiction. The information is available for all civil cases initiated since 1 January 1996 in Victoria.
The following information is available:
- Case number;
- Parties names;
- A list of documents filed in a case, including the date of filing;
- A list of any judgment made by a Judge or any order made by a Judge or Registrar;
- Dates of hearing for events listed;
- Whether jury or hearing fees have been paid.
It does not include the contents of documents or full details of orders or judgments. If such information is required, attendance at the relevant Registry office and payment of the prescribed fee is necessary.
Where a suppression order has been made either of a case or of a particular document filed in that case, no details of that case or of the particular document will be available for searching.
Any information obtained through this service is not for official use and any commercial use of information obtained through use of this service is strictly prohibited.
Adoption Records
Order 5, of Chapter 2 - County Court Miscellaneous Rules 1999 does not apply to any proceeding under the Adoption Act 1984 - Inspection of Adoption Records is specifically excluded.
The Adoption Act has stringent provisions regarding the disclosure of information.
Subpoenaed Files - Files Produced to Court or to give evidence
Order 42.02 of the County Court Rules of Procedure in Civil Proceedings 1999 sets out the procedure for the issue of a subpoena to order the addressee to
(a) to attend to give evidence as directed;
(b) to produce the subpoena or a copy of it and any document or thing as directed;
(c) to do both of those things.
A subpoena may only be addressed to one person and shall specify the date, time and place for attendance or production.
Files subpoenaed for production to the County Court are kept separate from the main file and are matched up at the date of hearing.
Subpoenaed files are for production to the Registrar or the Court (not to another party).
Subpoenaed files cannot be inspected without an order of a Judge.
Subpoenaed Files - Files Produced to the Registrar
On 2.1.2008 rule 42A came into operation in the County Court - this rule provides a mechanism for the subpoena and inspection of third party files before the Registrar, subject to certain procedural requirements. The person or corporation required to produce the documents has a right to object to production or inspection of the documents.
The other parties to the proceedings have a right to object to the inspection of the documents.
HOW PERSONAL INFORMATION WHICH IS NOT SUBJECT TO EXEMPTION IS MANAGED BY THE COUNTY COURT
As to the handling of personal information which is not subject to the exemption provisions of the Act, the County Court complies with the ten Information Principles (IPPs) contained in the Act as follows;
Principle 1 - Collection
The County Court will only collect personal information where it is necessary for one or more of its functions.
Principle 2 - Use & Disclosure
The County Court does not disclose your personal information unless you have consented to the use or disclosure or except in circumstances where disclosure is authorised by law.
Principle 3 - Data Quality
The County Court makes all reasonable effort to ensure that the personal information it collects is complete and up to date.
Principle 4 - Data Security
The County Court takes all reasonable steps to protect personal information from misuse, loss, unauthorised access, modification or disclosure.
Principle 5 - Openness
The County Court privacy policy is available to anyone on request. On request, the County Court takes reasonable steps to let you know, generally, what sort of personal information it holds, for what purposes, and how it collects, holds, uses and discloses that information.
Principal 6 - Access and Correction
You have a right to seek access to your personal information and make corrections. If the County Court holds personal information that you think is not accurate, complete or up to date, the County Court will take reasonable steps to correct the information.
Principle 7 - Unique Identifiers
A unique identifier is usually a number assigned to an individual in order to identify the person for the purposes of an organisation's operations. Tax file numbers and Driver's Licence numbers are examples. The County Court will only assign a unique identifier to you, or ask you to provide a unique identifier, when this is necessary to enable the County Court to carry out any of its functions efficiently.
Principle 8 - Anonymity
The County Court gives individuals the option of not identifying themselves when entering into transactions, if that is lawful and feasible.
Principle 9 - Transborder Data Flows
Personal information will only be transferred out of Victoria if the recipient protects privacy under standards similar to the Victorian IPPs.
Principle 10 - Sensitive Information
The County Court does not collect sensitive information without your consent. Sensitive information can be racial or ethnic origin, political views, religious beliefs, sexual preferences, memberships of groups or criminal records.
INFORMATION & COMPLAINTS
Information and complaints regarding the Victorian Information Privacy Act may be made to: -
VICTORIAN PRIVACY COMMISSIONER
Victorian Privacy Commissioner
10-16 Queen Street
Melbourne
Victoria 3000
Phone: 8619 8719
Local Call: 1300 666 444
Fax: 8619 8700
Local Fax: 1300 666 445
Email:
enquiries@privacy.vic.gov.au
COUNTY COURT INFORMATION PRIVACY CONTACT
Senior Deputy Registrar
County Court
Phone: 8636 6546/8636 6547
Fax: 8636 6050
PRIVACY OBLIGATIONS
The County Court respects the privacy of persons who visit this website
and is committed to complying with its Privacy obligations.
ANONYMOUS ACCESS TO THIS WEBSITE
You can access our home page and browse our site without disclosing personal information.
The Court will only collect personal information from you with your prior knowledge and consent.
The County Court site does not collect or record personal information, other than information you choose to provide through our enquiries e-mail.
COOKIES
Cookies are data that is sent by a website and stored in a user's computer.
The cookie is recognised by the website each time the user visits the website.
A cookie can contain data such as the parts of a website a user has visited or the duration of the user's visit to the website.
Generally, the County Court website does not use cookies.
Although, cookies are used by the Transactions component of the site and during survey periods so that surveys are not presented to the same user more than once. If any other part of the County Court website uses cookies users will be advised.
However, it is recommended that users set their browser to identify the presence of cookies and to give them the option of accepting or rejecting them.
PLEASE NOTE
This privacy policy does not extend beyond this website. When linking to other sites from this website, the Court recommends that you read the privacy statement of that site to familiarise yourself with its privacy principles.
County Court250 William Street, Melbourne VICTORIA 3000 (DX 290078 Melbourne)
Phone No: +61 3 8636 6510