Coroners Amendment Regulations 2021 (WA)
| 3966 | GOVERNMENT GAZETTE, WA | 27 August 2021 |
J U302
Coroners Act 1996
Coroners Amendment Regulations 2021
SL 2021/150
Made by the Governor in Executive Council.
1. Citation
These regulations are the Coroners Amendment
Regulations 2021.
2. Commencement
These regulations come into operation as follows —
(a)
regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
3. Regulations amended These regulations amend the Coroners Regulations 1997.
4. Regulation 3A amended
In regulation 3A insert in alphabetical order:
(Electronic Processes Facilitation) Act 2013 authorised user, of the ECMS, means a person who is
registered with the court to send documents to the court, and to receive documents from the court, by means of the ECMS;
ECMS means the electronic case management system
for the management of proceedings in Western
Australian courts and tribunals;
5. Regulations 5A to 5E inserted
After regulation 5 insert:
5A. Applying court's seal electronically
For the purposes of the Courts and Tribunals
27 August 2021 GOVERNMENT GAZETTE, WA 3967 section 10, a document issued by the court in
accordance with regulation 5C is authenticated if the
electronic document bears a facsimile of the court'sseal.
SB. Applying signatures electronically For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 10—
(a)
a document issued by the court in accordance with regulation 5C is authenticated if the electronic document identifies the person who issued it; and
(b)
a document filed with the court in accordance with regulation 5D is authenticated if the name of the person who signed the document is stated in the electronic version of the document at any place where a signature appears in the paper version of the document.
5C. Documents issued by court in electronic form For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 12, if the court is required, permitted or
authorised under the Act to issue a person a record,
notice, order, report, summons, authorisation or other
document that is not required to be served personally,
the court may issue the document to the person in
electronic form -
(a)
if the person is an authorised user of the ECMS - by means of the ECMS; or
(b) if the person provides an email address for service - by email.
5D. Documents filed with court in electronic form (1)
For the purposes of the Courts and Tribunals (Electronic Processes Facilitation) Act 2013 section 12, a person who is required or authorised
under the Act to file a document with the court may file
the document in electronic form -
(a)
if the person is an authorised user of the ECMS - by means of the ECMS; or
(b)
by email to an email address provided by the court.
(2) A document that does not comply with the
requirements of the ECMS is taken -
(a) not to have been filed with the court; and (b) not to be part of the court's record.
| 3968 | GOVERNMENT GAZETTE, WA | 27 August 2021 |
(3) If an authorised user of the ECMS files a document
with the court in electronic form by means of the
ECMS but does so in error, the court may, with the
consent of the authorised user, remove the document
from the court's record.5E. Time of electronic issue and lodgment A document issued in accordance with regulation 5C or filed in accordance with regulation 5D -
(a) by means of the ECMS, is taken to have been issued or filed on the day and at the time
recorded by the ECMS; or(b) by email, is taken to have been issued or filed—
(i)if the email is sent before 4 pm on a
working day - on that day;
(ii) otherwise, on the next working day after
the day on which the email is sent.
23A (t
6. Regulation occurrence) renumbered
Renumber regulation 23A (V occurrence) as regulation 22A.
B. D'SA, Clerk of the Executive Council.
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