News

Court Security Act 2017 (Tas) Commences

Circular No 6 of 2018 – Court Security Act 2017

 

MAGISTRATES COURT OF TASMANIA
CIRCULAR TO PRACTITIONERS
No 6 of 2018
COURT SECURITY ACT 2017
Practitioners are advised that the Court Security Act 2017 (“the Act”) will commence
on 1 July 2018. It replaces the Admissions to Court Act 1916.

The Act governs the good order and management of security at all Tasmanian Courts
and Tribunals. All powers and duties in the Admissions to Court Act 1916 have been
modernised, together with some new provisions. The new provisions most relevant
for practitioners relating to the management of security at the Supreme Court and the
Magistrates Court are:
1. The use of “electronic devices” and “recording devices” (as defined) is
prohibited in courtrooms except by specified groups of people or unless the
Court has given permission (s11). The specified groups of people are
practitioners, court staff and journalists. Please ensure that your clients and
witnesses are aware of this. Any person may use an electronic device in the
foyers and forecourt areas.
2. A security officer may ask any person attending court to give their name
address, reason for attending court and to provide identification (s14).
Practitioners are an exception to that rule if they provide evidence of their
status. The Magistrates Court will accept magistrates court issued identification
cards or an ID card issued by the Law Society as evidence, as per Circular to
Practitioners 1/2012. You may wish to advise your clients and witnesses of this
requirement.
3. Section 10 of the Act provides that a prohibited item that is also an exhibit
requires authorisation from a magistrate, Administrator of District Registrar
before it can be brought onto court premises. Such authorisation must be in
writing, and presented to court security upon arrival at court.
I encourage all practitioners to familiarise themselves with the provisions of the Court Security
Act 2017.
Penelope Ikedife
Administrator of Courts
28 June 2018