Never assume that the microphone is off

13/11/2008

The Queensland Government has legislated to prevent the misuse of courtroom recordings and transcripts made when cases are not being heard. In a media statement issued today, Attorney-General and Minister for Justice Kerry Shine said concerns had been raised about�equipment that records continuously.

"[T]he concern related to private conversations when court was not in session and the silence of existing laws on whether such recordings could be legally accessed. That would never have been allowed in any case involving legal professional privilege, but we took the view that public confidence required a total ban to remove any shadow of doubt", said Mr Shine.

Mr Shine said the amendments to the Recording of Evidence Act banned access to all out-of-session recordings and provided explicit legal authority to destroy them.

"The new provisions will formally take effect from the date of assent by the Governor in Council, expected within weeks. But the ban is effectively in force from today, because the transitional arrangements now ensure no one can access out-of-session recordings or transcripts before assent", he said.

13 November 2008