Table of Contents

Terms of Reference

Participants

Consultation

Summary of Recommendations

Part I: Background to Recommendations

CHAPTER 1. COMMUNITY LAW REFORM PROGRAM AND THIS REFERENCE

• THE TERMS OF REFERENCE
• ISSUES FOR REFORM
• DEFINITIONS
  • Tape-Recording or Other Recording
  • Representatives of Publishers and Broadcasters
  • “Media” and "News Media"
• ACKNOWLEDGMENTS

CHAPTER 2. RECORDING THE PROCEEDINGS OF COURTS: THE PRESENT LAW AND GENERAL PRINCIPLES

• INTRODUCTION
• RECORDING OF COURT PROCEEDINGS: THE PRESENT PRACTICE
• THE RIGHT OF REPRESENTATIVES OF THE NEWS MEDIA AND THE PUBLIC TO BE PRESENT IN COURT AND REPORT THE PROCEEDINGS
  • Open Justice
  • Exceptions to Open Justice
  • Restrictions on Reporting
• THE POWER OF A COURT TO PREVENT OR ALLOW THE USE OF RECORDING EQUIPMENT IN COURT
  • The Inherent jurisdiction of Courts
  • Regulating Process and Proceedings
  • Contempt of Court
• SUMMARY

CHAPTER 3. RECORDING THE PROCEEDINGS OF ROYAL COMMISSIONS AND SPECIAL COMMISSIONS OF INQUIRY: THE PRESENT LAW AND GENERAL PRINCIPLES

• ROYAL COMMISSIONS
  • Historical Background
  • Powers of Royal Commissions
  • Contempt
  • Duration of Contempt Powers
  • Persons Authorised to Appear Before a Royal Commission
  • Persons Appointed to Assist a Royal Commission
• SPECIAL COMMISSIONS OF INQUIRY
• SUMMARY

CHAPTER 4. THE UNITED KINGDOM APPROACH TO THE SOUND RECORDING OF COURT PROCEEDINGS: A POSSIBLE PRECEDENT

Footnotes

Part II: Recommendations for Reform

CHAPTER 5. THE USE OF SOUND RECORDERS IN COURTS AND COMMISSIONS BY REPRESENTATIVES OF THE NEWS MEDIA AND OTHER PERSONS

• INTRODUCTION
• THE USE OF SOUND RECORDERS BY REPRESENTATIVES OF THE NEWS MEDIA
  • Reasons for our Recommendations
  • Royal Commissions and Special Commissions of Inquiry
  • Recommendations
• THE USE OF SOUND RECORDERS BY AUTHORS OF BOOKS AND ARTICLES
  • Reasons for our Recommendations
  • Recommendations
• THE USE OF SOUND RECORDERS BY PARTIES, LEGAL REPRESENTATIVES AND OTHERS
  • Reasons for our Recommendations
  • Recommendations
• COURTS AND COMMISSIONS TO WHICH OUR RECOMMENDATIONS WILL APPLY
  • Recommendation

CHAPTER 6. NOTIFICATION PROCEDURES AND REMEDIES

• NOTIFICATION PROCEDURES
• REMEDIES
  • Introduction
  • Review of a Refusal to Permit the Use of a Sound Recorder
  • Conclusion

APPENDICES

A. COPYRIGHT AND THE RECORDING OF THE PROCEEDINGS OF COURTS AND COMMISSIONS

B. COURTS AND COMMISSIONS (SOUND RECORDINGS) BILL, 1984

TABLE OF STATUTES

TABLE OF CASES

SELECT BIBLIOGRAPHY