Supreme Court (E-filing in Criminal Proceedings and Other Matters Amendment) Rules 2019 (Vic)
Supreme Court (E-filing in Criminal Proceedings and Other Matters Amendment) Rules 2019
S.R. No. 21/2019
TABLE OF PROVISIONS
Rule Page
Part 1—Preliminary
1Objects
2Authorising provisions
3Commencement
Part 2—Amendment of Chapter VI
4Definitions
5Filing of documents
6Notices to be signed
7New Order 1A
8Rule 4.02 revoked
9Notice to accompany copy indictment—no legal practitioner representing accused
10Further authority of judicial registrars
Part 3—Consequential amendment of Chapter I
11Application of Order 28A
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Endnotes
STATUTORY RULES 2019
S.R. No. 21/2019
Supreme Court Act 1986
Supreme Court (E-filing in Criminal Proceedings and Other Matters Amendment) Rules 2019
The Judges of the Supreme Court make the following Rules:
Part 1—Preliminary
1Objects
The objects of these Rules are—
(a)to amend Chapters I and VI of the Rules of the Supreme Court to provide for e-filing in RedCrest in certain criminal proceedings; and
(b)to highlight the application of the referral of matters to judicial registrars under Order 84 of Chapter I in relation to criminal proceedings.
2Authorising provisions
These Rules are made under section 25 of the Supreme Court Act 1986, the Criminal Procedure Act 2009 and all other enabling powers.
3Commencement
These Rules come into operation on 25 March 2019.
Part 2—Amendment of Chapter VI
4Definitions
In Rule 1.05(1) of the Supreme Court (Criminal Procedure) Rules 2017[1] insert the following definition—
"RedCrest means the electronic filing system in operation in the Court from time to time;".
5Filing of documents
(1)In Rule 1.11(1) of the Supreme Court (Criminal Procedure) Rules 2017, for "paragraph (2)" substitute "paragraphs (2) and (5)".
(2)For Rule 1.11(1)(a) of the Supreme Court (Criminal Procedure) Rules 2017 substitute—
"(a)in the office of the Prothonotary, unless the Court otherwise orders or the Judicial Registrar-Criminal Division allows; or".
(3)In Rule 1.11(4) of the Supreme Court (Criminal Procedure) Rules 2017, for "to which these Rules relate" substitute "in accordance with this Rule".
(4)After Rule 1.11(4) of the Supreme Court (Criminal Procedure) Rules 2017 insert—
"(5)Nothing in this Rule applies to a document in a proceeding to which these Rules relate which is required to be filed in RedCrest in accordance with Order 1A.".
6Notices to be signed
In Rule 1.17 of the Supreme Court (Criminal Procedure) Rules 2017, after "appellant" (wherever occurring) insert "or applicant".
7New Order 1A
After Order 1 of the Supreme Court (Criminal Procedure) Rules 2017 insert—
"Order 1A—Electronic filing in RedCrest
1A.01Application of this Order
This Order applies to the filing of a document in any proceeding to which these Rules relate other than—
(a)a document in a proceeding in the Court of Appeal;
(b)a document in a proceeding under the Surveillance Devices Act 1999 to which Order 7 applies;
(c)a document in a proceeding under the Witness Protection Act 1991 to which Order 9 applies;
(d)a document in a proceeding under the Terrorism (Community Protection) Act 2003 to which Order 11 applies;
(e)a document in a proceeding under the Major Crime (Investigative Powers) Act 2004 to which Order 13 applies;
(f)a document in a proceeding under the Crimes (Assumed Identities) Act 2004 to which Order 14 applies;
(g)a document in a proceeding to which Order 15 applies (identity crime rules);
(h)a document in any of the following—
(i)a proceeding under the Australian Crime Commission Act 2002 of the Commonwealth;
(ii)applications under section 56B of the Corrections Act 1986 for a police custody transfer order under section 56D of that Act;
(iii)applications under section 91, 100 or 125 of the Independent Broad-based Anti-corruption Commission Act 2011;
(iv)applications under the Service and Execution of Process Act 1992 of the Commonwealth made by the Chief Examiner within the meaning of section 3 of the
Major Crime (Investigative Powers) Act 2004or the IBAC within the meaning of section 3 of the Independent Broad-based Anti‑corruption Commission Act 2011.
Note
A document under Order 6 is filed in the Common Law Division pursuant to Rule 28A.01 of Chapter I (RedCrest).
1A.02Definitions
In this Order—
authorised person means a person who has been issued with a username and password to access RedCrest by the Prothonotary or otherwise provided with access to RedCrest;
seal means seal with the seal of the Court.
1A.03How and when a document is filed in RedCrest
(1)Subject to paragraphs (2) and (3), a document, including an indictment under section 159(1) of the Criminal Procedure Act 2009, to be filed in the Court in accordance with this Order is to be submitted by an authorised person in RedCrest in—
(a)a pdf version; or
(b)any other form approved by the Judicial Registrar-Criminal Division or the Prothonotary.
(2)An indictment may be brought before a Judge of the Court or the Judicial Registrar-Criminal Division to be filed.
Note
See section 161 of the Criminal Procedure Act 2009 in relation to direct indictments.
(3)The Court may order or the Judicial Registrar-Criminal Division or the Prothonotary may direct that a document be filed in any manner that the Court, the Judicial Registrar-Criminal Division or the Prothonotary considers appropriate.
(4)A document is taken to be filed—
(a)if it is submitted in RedCrest and sealed by the Judicial Registrar-Criminal Division or the Prothonotary, when it was first submitted in RedCrest for filing in accordance with paragraph (1);
(b)if, in accordance with paragraph (2), an indictment is accepted for filing by a Judge of the Court or the Judicial Registrar-Criminal Division, when it is sealed by an Associate of the Judge or by an Associate of the Judicial Registrar-Criminal Division; or
(c)if, in accordance with paragraph (3), it is filed in accordance with a direction of a Judge of the Court, the Judicial Registrar-Criminal Division or the Prothonotary, when it is sealed.
(5)A document filed in a proceeding to which this Order applies is not open for inspection unless the Court, the Judicial Registrar-Criminal Division, the Prothonotary, or a Deputy Prothonotary so directs.
1A.04Powers of Judicial Registrar-Criminal Division and Prothonotary
(1)The Judicial Registrar-Criminal Division or the Prothonotary may refuse to seal a document submitted in RedCrest to be filed until satisfied that the document—
(a)complies with the Rules; or
(b)complies with an order of the Court.
(2)The Judicial Registrar-Criminal Division or the Prothonotary may reject a document if the Judicial Registrar-Criminal Division or the Prothonotary (as the case requires) considers that—
(a)a document, if it were sealed, would be substantially irregular or constitute an abuse of process; or
(b)there has been a failure to comply with the Rules, an order of the Court or a direction of the Judicial Registrar-Criminal Division or the Prothonotary after a reasonable opportunity to do so.
(3)If the Judicial Registrar-Criminal Division or the Prothonotary—
(a)refuses to seal a document; or
(b)rejects the document—
the Judicial Registrar-Criminal Division or the Prothonotary shall send an electronic communication to the authorised person advising—
(c)that the document has not been accepted for filing; and
(d)the reason it was not accepted for filing.
(4)If the Judicial Registrar-Criminal Division or the Prothonotary—
(a)fails to seal a document within a reasonable time; or
(b)refuses to seal a document; or
(c)rejects a document—
the Court may—
(d)direct the Judicial Registrar-Criminal Division or the Prothonotary to seal the document with a filing date, being the date the document was first submitted in RedCrest for filing;
(e)direct the Judicial Registrar-Criminal Division or the Prothonotary to seal the document with a filing date, being the date the document is so sealed;
(f)make any other order or give any direction that it considers appropriate.
(5)The Prothonotary may—
(a)refuse to issue a person with a username and password;
(b)cancel a username and password;
(c)impose or vary conditions on the use of a username and password.
(6)The Court may give any direction to the Prothonotary that it considers appropriate in relation to any case in which the Prothonotary exercises a power under paragraph (5).
1A.05Confidentiality and privacy
The Court may make any order it thinks fit as to confidentiality and privacy in relation to the filing of documents in accordance with this Order in RedCrest, including directing that particular documents or classes of documents be filed in RedCrest in a redacted form.".
8Rule 4.02 revoked
Rule 4.02 of the Supreme Court (Criminal Procedure) Rules 2017 is revoked.
9Notice to accompany copy indictment—no legal practitioner representing accused
At the foot of Rule 4.03 of the Supreme Court (Criminal Procedure) Rules 2017 insert—
"Note
See Rule 1A.03(1) regarding submitting an indictment in RedCrest for filing and Rule 1A.03(2) regarding filing an indictment in the Court before a Judge or the Judicial Registrar-Criminal Division.".
10Further authority of judicial registrars
At the foot of Rule 4.17(3) of the Supreme Court (Criminal Procedure) Rules 2017 insert—
"Note
See also Order 84 of Chapter I and in particular the powers in Rule 84.03 of Chapter I for a Judge of the Court to refer a matter to a judicial registrar.".
Part 3—Consequential amendment of Chapter I
11Application of Order 28A
(1)At the foot of Rule 28A.01(1)(b) of the Supreme Court (General Civil Procedure) Rules 2015[2] insert—
"Note
A document under Order 6 of Chapter VI is filed in the Common Law Division pursuant to this Rule.".
(2)At the foot of Rule 28A.01(4) of the Supreme Court (General Civil Procedure) Rules 2015 insert—
"Note
See also Order 1A of Chapter VI in relation to filing in RedCrest in criminal proceedings.".
Dated: 21 March 2019
ANNE FERGUSON, C.J.
PAMELA TATE, J.A.
DAVID F. R. BEACH, J.A.
STEPHEN KAYE, J.A.
S. G. E. McLEISH, J.A.
R. NIALL, J.A.
TERRY FORREST, J.A.
KARIN EMERTON, J.A.
ANTHONY CAVANOUGH, J.
CLYDE CROFT, J.
M. L. SIFRIS, J.
PETER ALMOND, J.
JOHN R. DIXON, J.
C. MACAULAY, J.
KATE McMILLAN, J.
GREG GARDE, J.
G. J. DIGBY, J.
T. J. GINNANE, J.
MELANIE SLOSS, J.
MICHAEL McDONALD, J.
RITA ZAMMIT, J.
P. J. RIORDAN, J.
JANE A. DIXON, J.
A. J. KEOGH, J.
MAREE KENNEDY, J.
J. R. CHAMPION, J.
M. N. CONNOCK, J
MELINDA RICHARDS, J
KEVIN J. A. LYONS, J.
S. J. MOORE, J.
ANDREW J. TINNEY, J.
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Endnotes
[1] Rule 4: S.R. No. 126/2017 as amended by S.R. Nos 32/2018, 33/2018, 133/2018 and 168/2018.
[2]
Rule 11(1): S.R. No. 103/2015. Reprint No. 2 as at 2 January 2018. Reprinted to S.R. No. 127/2017. Subsequently amended by
S.R. Nos 32/2018, 33/2018, 58/2018, 131/2018, 132/2018 and 168/2018.
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