Commonwealth Consolidated Regulations

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Use of communication device or recording device in place where hearing taking place

             (1)  In this rule:

"communication device " includes a mobile telephone, audio link, video link or any other electronic communication equipment.

"recording device " means a device that is capable of being used to record images or sound, including a camera, tape recorder, video recorder, mobile telephone or digital audio recorder.

             (2)  A person must comply with any directions made by the Court at the hearing of any proceeding in the Court relating to the use of a communication device or recording device.

             (3)  A person must not use a recording device for the purpose of recording or making a transcript of the evidence or submissions in a hearing in the Court.

             (4)  A person must not use a communication device or a recording device that might:

                     (a)  disturb a hearing in the Court; or

                     (b)  cause any concern to a witness or other participant in the hearing; o r

                     (c)  allow a person who is not present in the Court to receive information about the proceeding or the hearing to which the person is not entitled.

Note 1:       The Court may have regard to any relevant matter, including the following:

(a)    why the person needs to use the device in the hearing;

(b)    if an order has been given excluding one or more witnesses from the Court--whether there is a risk that the device could be used to brief a witness out of court;

(c)    whether the use of the device would disturb the hearing or distract or cause concern to a witness or other participant in the hearing.

Note 2:       The Court may dispense with compliance with this rule--see rule 1.34.

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