Freedom of Information Act 1982

PART I - PRELIMINARY  

SECTION 5   Act to apply to courts in respect of administrative matters  
Courts other than courts of Norfolk Island - general

5(1)    
For the purposes of this Act:

(a)    a court (other than a court of Norfolk Island) shall be deemed to be a prescribed authority;

(b)    the holder of a judicial office (other than a judicial office in a court of Norfolk Island) or other office pertaining to a court (other than a court of Norfolk Island) in his or her capacity as the holder of that office, being an office established by the legislation establishing the court, shall be deemed not to be a prescribed authority and shall not be included in a Department; and

(c)    a registry or other office of a court (other than a court of Norfolk Island), and the staff of such a registry or other office when acting in a capacity as members of that staff, shall be taken as a part of the court;

but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.

Certain documents relating to complaint handling - Federal Court Judges

5(1A)    

This Act does not apply to any request for access to a document of a court (other than a court of Norfolk Island) that relates to a complaint handler (or a body consisting of complaint handlers):

(a)    exercising powers or performing functions under paragraph 15(1AA)(c) and subsection 15(1AAA) of the Federal Court of Australia Act 1976 ; or

(b)    assisting in exercising those powers or performing those functions.

For this purpose complaint handler has the meaning given by that Act.

Certain documents relating to complaint handling - Judges of the Federal Circuit and Family Court of Australia (Division 1)

5(1B)    

This Act does not apply to any request for access to a document of a court (other than a court of Norfolk Island) that relates to a complaint handler (or a body consisting of complaint handlers):

(a)    

exercising powers or performing functions under paragraph 47(2)(d) and subsection 48(1) of the Federal Circuit and Family Court of Australia Act 2021 ; or

(b)    assisting in exercising those powers or performing those functions.

For this purpose complaint handler has the meaning given by that Act.

Certain documents relating to complaint handling - Judges of the Federal Circuit and Family Court of Australia (Division 2)

5(1C)    

This Act does not apply to any request for access to a document of a court (other than a court of Norfolk Island) that relates to a complaint handler (or a body consisting of complaint handlers):

(a)    

exercising powers or performing functions under paragraph 144(2)(d) and subsection 145(1) of the Federal Circuit and Family Court of Australia Act 2021 ; or

(b)    assisting in exercising those powers or performing those functions.

For this purpose complaint handler has the meaning given by that Act.

Courts of Norfolk Island

5(2)    
For the purposes of this Act:

(a)    a court of Norfolk Island is taken to be a Norfolk Island authority; and

(b)    if a person is the holder of a judicial office in a court of Norfolk Island - the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and

(c)    

if:

(i) a person is the holder of an office (other than a judicial office) that relates to a court of Norfolk Island; and

(ii) the office is established by a Norfolk Island law;

the person, in his or her capacity as the holder of the office, is taken not to be a Norfolk Island authority and is not to be included in a Norfolk Island authority; and

(d)    a registry or other office of a court of Norfolk Island, and the staff of such a registry or other office when acting in a capacity as members of that staff, are taken to be a part of the court;

but this Act does not apply to any request for access to a document of the court unless the document relates to matters of an administrative nature.