Electronic Transactions (ECM Courts) Order 2005 (NSW)
This Order is the Electronic Transactions (ECM Courts) Order 2005.
This Order commences on 28 October 2005.
In this Order—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Order.
Notes in the text of this Order do not form part of the Order.
JusticeLink is authorised to be used by a court specified in Schedule 1, Column 1 for a purpose specified in Schedule 1, Column 2.
The use of JusticeLink for a purpose specified in Schedule 1, Column 2 is regulated by rules of court.
Comcase is authorised to be used by a court specified in Schedule 2, Column 1 for a purpose specified in Schedule 2, Column 2.
e-Court is authorised to be used by a court specified in Schedule 3, Column 1 for a purpose specified in Schedule 3, Column 2.
NCAT Online is authorised to be used by a court specified in Schedule 4, Column 1 for a purpose specified in Schedule 4, Column 2.
Online Registry is authorised to be used by a court specified in Schedule 5, Column 1 for a purpose specified in Schedule 5, Column 2.
SDMS is authorised to be used by a court specified in Schedule 6, Column 1 for a purpose specified in Schedule 6, Column 2.
Online Criminal Registry is authorised to be used by a court specified in Schedule 7, Column 1 for a purpose specified in Schedule 7, Column 2.
DCFA is authorised to be used by a court specified in Schedule 8, Column 1 for a purpose specified in Schedule 8, Column 2.
Under the Act, Schedule 1, clause 3, Pathway is authorised to be used by a court specified in Schedule 9, Column 1 for a purpose specified in Schedule 9, Column 2.
(Clause 4)
Column 1 | Column 2 |
Court | Purpose |
Court of Criminal Appeal | Use in proceedings under the Criminal Appeal Act 1912, but only so as—
Use in proceedings under the Bail Act 2013, but only so as to enable detention applications and variation applications to be created, filed, issued and used in electronic form. |
Supreme Court | Use in civil proceedings in the Corporations List, but only so as to enable documents to be filed, issued, used and served in electronic form. Use in civil proceedings in the Possession List, but only so as to enable documents to be filed, issued, used and served in electronic form. Use in civil proceedings in the Equity Division, but only so as to enable parties to the proceedings to communicate in electronic form with the Supreme Court in connection with any business of the Court that is being conducted in the absence of the public. Use in civil proceedings in the Common Law Division, but only so as to enable parties to the proceedings to communicate in electronic form with the Supreme Court in connection with any business of the Court that is being conducted in the absence of the public. Use in criminal proceedings, but only so as—
Use in proceedings under the Bail Act 2013, but only so as to enable detention applications and variation applications to be created, filed, issued and used in electronic form. |
Land and Environment Court | Use in proceedings in Class 1, 2, 3, 4 or 8 of the Land and Environment Court’s jurisdiction, but only so as—
Use in proceedings in Class 5, 6 or 7 of the Land and Environment Court’s jurisdiction, but only so as to enable documents to be filed, issued, used and served in electronic form. |
Industrial Relations Commission, including the Industrial Court | Use in proceedings in the Industrial Relations Commission, but only so as—
|
District Court | Use in civil proceedings, but only so as to enable parties to the proceedings to communicate in electronic form with the District Court in connection with any business of the Court that is being conducted in the absence of the public. Use in criminal proceedings, but only so as—
Use in proceedings under the Bail Act 2013, but only so as to enable detention applications and variation applications to be created, filed, issued and used in electronic form. |
Local Court | Use in civil proceedings, but only so as to enable parties to the proceedings to communicate in electronic form with the Local Court in connection with any business of the Court that is being conducted in the absence of the public. Use in criminal proceedings, but only so as—
Use in committal proceedings heard at the Downing Centre in Sydney commenced (whether at the Downing Centre or elsewhere) on or before 31 December 2012, but only so as to enable parties to the proceedings to communicate in electronic form with the Local Court in connection with any business of the Court that is being conducted in the absence of the public in accordance with section 56 (3) of the Criminal Procedure Act 1986. Use in proceedings under the Crimes (Domestic and Personal Violence) Act 2007, but only so as—
Use in proceedings under the Bail Act 2013, but only so as to enable detention applications and variation applications to be created, filed, issued and used in electronic form. |
Children’s Court | Use in criminal proceedings, but only so as—
Use in proceedings under the Crimes (Domestic and Personal Violence) Act 2007, but only so as—
Use in proceedings under the Bail Act 2013, but only so as to enable detention applications and variation applications to be created, filed, issued and used in electronic form. The registration/filing of care plans, contract breach notices and parent responsibility contracts (within the meaning of the Children and Young Persons (Care and Protection) Act 1998) with the Children’s Court, but only so as to enable those documents to be created, filed, issued and used in electronic form. Use in proceedings under Chapters 4 and 5 of the Children and Young Persons (Care and Protection) Act 1998, but only so as to enable documents to be created, filed, issued and used in electronic form. |
Civil and Administrative Tribunal | Use in proceedings in the Civil and Administrative Tribunal, but only so as—
|
Dust Diseases Tribunal | Use in proceedings, but only to enable parties to the proceedings to communicate in electronic form with the Tribunal in connection with any business of the Tribunal that is being conducted in the absence of the public. |
Coronial officers | Use in coronial proceedings, but only to enable—
|
(Clause 5)
Column 1 | Column 2 |
Court | Purpose |
Personal Injury Commission | Use in proceedings, but only so as—
|
(Clause 6)
Column 1 | Column 2 |
Court | Purpose |
Land and Environment Court | Use in proceedings in all classes of the Court’s jurisdiction, but only so as—
|
(Clause 7)
Column 1 | Column 2 |
Court | Purpose |
Civil and Administrative Tribunal | Use in proceedings in the Civil and Administrative Tribunal, but only so as—
|
(Clause 8)
Column 1 | Column 2 |
Court | Purpose |
Supreme Court | Use in civil proceedings, but only so as—
|
Land and Environment Court | Use in proceedings in all classes of the Land and Environment Court’s jurisdiction, but only so as—
|
Industrial Relations Commission, including the Industrial Court | Use in proceedings in the Industrial Relations Commission, but only so as—
|
District Court | Use in civil proceedings, but only so as—
|
Local Court | Use in civil proceedings, but only so as—
Use in criminal proceedings, but only so as to enable documents to be created, filed, issued, used and served in electronic form. |
Children’s Court | Use in proceedings, but only so as to enable information concerning the progress of the proceedings to be provided in electronic form to legal practitioners representing parties to the proceedings. |
Civil and Administrative Tribunal | Use in proceedings in the Civil and Administrative Tribunal, but only so as—
|
Dust Diseases Tribunal | Use in proceedings, but only to enable—
|
Coronial officers | Use in coronial proceedings, but only to enable—
|
clause 9
Column 1 | Column 2 |
Court | Purpose |
Personal Injury Commission | Use in proceedings, but only so as—
|
clause 10
Column 1 | Column 2 |
Court | Purpose |
District Court | Use in proceedings under the Criminal Procedure Act 1986, but only so as—
|
Local Court | Use in proceedings under the Criminal Procedure Act 1986, but only so as—
|
|
clause 11
Column 1 | Column 2 |
Court | Purpose |
Supreme Court | Use in proceedings, but only to enable—
|
Land and Environment Court | Use in proceedings, but only to enable—
|
Industrial Relations Commission, including the Industrial Court | Use in proceedings, but only to enable—
|
District Court | Use in proceedings, but only to enable—
|
Local Court | Use in proceedings, but only to enable—
|
Children’s Court | Use in proceedings, but only to enable—
|
Civil and Administrative Tribunal | Use in proceedings, but only to enable—
|
Dust Diseases Tribunal | Use in proceedings, but only to enable—
|
Coronial officers | Use in coronial proceedings, but only to enable—
|
clause 12
Column 1 | Column 2 |
Court | Purpose |
Personal Injury Commission | Use in proceedings, but only—
|
Electronic Transactions (ECM Courts) Order 2005 (710). GG No 132 of 28.10.2005, p 9000. Date of commencement, 28.10.2005, cl 2. This Order has been amended as follows—
(286) | Electronic Transactions (ECM Courts) Amendment Order 2006. GG No 75 of 9.6.2006, p 3988. Date of commencement, on gazettal. | |
(139) | Electronic Transactions (ECM Courts) Amendment Order 2007. GG No 42 of 16.3.2007, p 1787. Date of commencement, on gazettal. | |
(636) | Electronic Transactions (ECM Courts) Amendment (Land and Environment Court) Order 2007. GG No 185 of 21.12.2007, p 9971. Date of commencement, 28.1.2008, cl 2. | |
(267) | Electronic Transactions (ECM Courts) Amendment (District Court and Local Courts) Order 2008. GG No 76 of 27.6.2008, p 6346. Date of commencement, on gazettal. | |
(311) | Electronic Transactions (ECM Courts) Amendment (Consumer, Trader and Tenancy Tribunal) Order 2010. GG No 86 of 25.6.2010, p 3108. Date of commencement, on gazettal, cl 2. | |
No 68 | Electronic Transactions Amendment Act 2010. Assented to 28.9.2010. Date of commencement, 15.10.2010, sec 2 and 2010 (587) LW 15.10.2010. | |
No 119 | Statute Law (Miscellaneous Provisions) Act (No 2) 2010. Assented to 29.11.2010. Date of commencement of Sch 2, 7.1.2011, sec 2 (2). | |
(53) | Electronic Transactions (ECM Courts) Amendment (Local Court) Order 2011. LW 11.2.2011. Date of commencement, on publication on LW, cl 2. | |
(694) | Electronic Transactions (ECM Courts) Amendment (Children’s Court) Order 2011. LW 23.12.2011. Date of commencement, on publication on LW, cl 2. | |
(35) | Electronic Transactions (ECM Courts) Amendment (Local Court) Order 2012. LW 10.2.2012. Date of commencement, on publication on LW, cl 2. | |
(557) | Electronic Transactions (ECM Courts) Amendment (Local Court and Children’s Court) Order 2012. LW 16.11.2012. Date of commencement, on publication on LW, cl 2. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
(23) | Electronic Transactions (ECM Courts) Amendment (Civil Matters) Order 2014. LW 5.2.2014. Date of commencement, on publication on LW, cl 2. | |
(191) | Electronic Transactions (ECM Courts) Amendment Order 2014. LW 11.4.2014. Date of commencement, on publication on LW, cl 2. | |
(261) | Electronic Transactions (ECM Courts) Amendment (Bail) Order 2014. LW 16.5.2014 Date of commencement, on publication on LW, cl 2. | |
(136) | Electronic Transactions (ECM Courts) Amendment (Indictments) Order 2015. LW 5.3.2015. Date of commencement, on publication on LW, cl 2. | |
(169) | Electronic Transactions (ECM Courts) Amendment (Land and Environment Court and Industrial Relations Commission) Order 2016. LW 8.4.2016. Date of commencement, on publication on LW, cl 2. | |
No 48 | Industrial Relations Amendment (Industrial Court) Act 2016. Assented to 18.10.2016. Date of commencement of Sch 2, 8.12.2016, sec 2 (1) and 2016 (674) LW 15.11.2016. | |
(288) | Electronic Transactions (ECM Courts) Amendment (Children’s Court) Order 2017. LW 23.6.2017. Date of commencement, on publication on LW, cl 2. | |
(622) | Electronic Transactions (ECM Courts) Amendment (NCAT) Order 2020. LW 22.10.2020. Date of commencement, on publication on LW, cl 2. | |
(74) | Electronic Transactions (ECM Courts) Amendment (Personal Injury Commission) Order 2021. LW 26.2.2021. Date of commencement, 1.3.2021, cl 2. | |
(263) | Electronic Transactions (ECM Courts) Amendment (Online Criminal Registry) Order 2021. LW 4.6.2021. Date of commencement, on publication on LW, cl 2. | |
(398) | Electronic Transactions (ECM Courts) Amendment (Digital Case File Application) Order 2021. LW 16.7.2021. Date of commencement, on publication on LW, cl 2. | |
(166) | Electronic Transactions (ECM Courts) Amendment (Dust Diseases Tribunal) Order 2023. LW 21.4.2023. Date of commencement, on publication on LW, sec 2. | |
(314) | Electronic Transactions (ECM Courts) Amendment (Personal Injury Commission) Order 2023. LW 16.6.2023. Date of commencement, on publication on LW, sec 2. | |
No 7 | Statute Law (Miscellaneous Provisions) Act 2023. Assented to 3.7.2023. Date of commencement, 14.7.2023, sec 2. | |
No 41 | Industrial Relations Amendment Act 2023. Assented to 5.12.2023. Date of commencement of Sch 2, 1.7.2024, sec 2 and 2024 (131) LW 26.4.2024. |
Cl 3 | Am 2007 (636), Sch 1 [1]; 2010 (311), Sch 1 [1]; 2010 No 68, Sch 2.2 [1]; 2013 No 95, Sch 4.14 [1]; 2014 (23), Sch 1 [1]; 2021 (74), Sch 1[1]; 2021 (263), Sch 1[1]; 2021 (398), Sch 1[1]–[3]; 2023 (314), Sch 1[1]; 2023 No 7, Sch 2.23. |
Cl 4 | Am 2007 (636), Sch 1 [2]; 2010 No 68, Sch 2.2 [2]. Subst 2021 (398), Sch 1[4]. |
Cl 5 | Ins 2006 (286), Sch 1 [1]. Am 2010 No 68, Sch 2.2 [2]. Subst 2021 (398), Sch 1[4]. |
Cl 6 | Ins 2007 (636), Sch 1 [3]. Am 2010 No 68, Sch 2.2 [2]. Subst 2021 (398), Sch 1[4]. |
Cl 7 | Ins 2010 (311), Sch 1 [2]. Am 2010 No 119, Sch 2.19. Subst 2013 No 95, Sch 4.14 [2]; 2021 (398), Sch 1[4]. |
Cl 8 | Ins 2014 (23), Sch 1 [2]. Subst 2021 (398), Sch 1[4]. |
Cl 9 | Ins 2021 (74), Sch 1[2]. Subst 2021 (398), Sch 1[4]. |
Cl 10 | Ins 2021 (263), Sch 1[2]. Subst 2021 (398), Sch 1[4]. |
Cl 11 | Ins 2021 (398), Sch 1[4]. |
Cl 12 | Ins 2023 (314), Sch 1[2]. |
Sch 1, heading | Am 2007 (636), Sch 1 [4]. |
Sch 1 | Am 2007 (139), cl 2; 2008 (267), cl 2; 2011 (53), Sch 1; 2011 (694), cl 3; 2012 (35), cl 3; 2012 (557), cl 3; 2014 (191), Sch 1 [1]–[3]; 2014 (261), cl 3; 2015 (136), cl 3; 2016 (169), Sch 1 [1]; 2016 No 48, Sch 2.15 [1]; 2017 (288), cl 3 (1); 2020 (622), cl 3(1); 2021 (398), Sch 1[5]; 2023 (166), sec 3(1); 2023 No 41, Sch 2.14[1]. |
Sch 2 | Ins 2006 (286), Sch 1 [2]. Am 2021 (74), Sch 1[3]. |
Sch 3 | Ins 2007 (636), Sch 1 [5]. Am 2016 (169), Sch 1 [2]. |
Sch 4 | Ins 2010 (311), Sch 1 [3]. Subst 2013 No 95, Sch 4.14 [3]. |
Sch 5 | Ins 2014 (23), Sch 1 [3]. Am 2014 (191), Sch 1 [4]; 2016 (169), Sch 1 [3]; 2016 No 48, Sch 2.15 [2]; 2017 (288), cl 3 (2); 2020 (622), cl 3(2); 2021 (398), Sch 1[6]; 2023 (166), sec 3(2); 2023 No 41, Sch 2.14[2]. |
Sch 6 | Ins 2021 (74), Sch 1[4]. |
Sch 7 | Ins 2021 (263), Sch 1[3]. |
Sch 8 | Ins 2021 (398), Sch 1[7]. Am 2023 No 41, Sch 2.14[3]. |
Sch 9 | Ins 2023 (314), Sch 1[3]. |
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