The recommendations in this report are summarised in the following paragraphs. Cross-references are given to the appropriate paragraphs of the report and to the draft legislation.

1. The following persons should have a statutory right to use a sound recorder to record the proceedings of courts, Royal Commissions and Special Commissions of Inquiry without having to obtain the leave of the court or Commission.

• representatives of the news media;
• authors of books and articles on a subject in respect of which those proceedings are relevant;
• parties to court proceedings and their legal representatives;
• persons authorised to appear before a Royal Commission or a Special Commission of Inquiry and their legal representatives; and
• persons appointed by the Crown to assist a Royal Commission or a special Commission of Inquiry.

(Paragraphs 5.16, 5.22, 5.27; Bill cl.7(1))

2. The right should be subordinate to the power of a court or Commission to prohibit or order the cessation of the use of a sound recorder where the court or Commission reasonably believes that such use constitutes or would constitute a substantial interference with the administration of justice or the functions of the court or Commission (Paragraphs 5.16, 5.22, 5.27; Bill cl.7(3)).

3. A person shall not publicly broadcast the whole or any part of a sound recording of proceedings of a court or Commission except with permission of the court or Commission (Paragraphs 5.17, 5.22, 5.27; Bill cl.8)

4. No copy of the whole or any part of a sound recording of the proceedings of a court or Commission shall be made by any person No person shall have in his or her possession a copy of such a sound recording. (Paragraphs 5.17, 5.22, 5.27; Bill cl.9)

5. A recording of the proceedings of a court or Commission made by a representative of the news media shall be used only for the purpose of reporting those proceedings in a newspaper, journal magazine or other publication or on a radio or television station controlled by the Australian Broadcasting Corporation or the Special Broadcasting Service, or a radio or television station licensed in accordance with the provisions of the Broadcasting and Television Act 1942 (Cth). Use of a recording for any other purpose may be made only with the leave of the court or Commission (Paragraph 5.17; Bill cl.11)

6. A recording of the proceedings of a court or Commission made by an author shall be used only for the purposes of a book or article by the author on a subject in respect of which those proceedings are relevant. Use of a recording for any other purpose may be made only with the leave of the court or Commission (Paragraph 5.22; Bill cl.12)

7. A recording of the proceedings of a court or Commission made by:

• a party to court proceedings or his or her legal representative;
• a person authorised to appear before a Royal Commission or a Special Commission of Inquiry or his or her legal representatives; and
• a person appointed by the Crown to assist a Royal Commission or a Special Commission of Inquiry.

shall be used only for the purposes of the proceedings. Use of a recording for any other purpose may be made only with the leave of the court or Commission. (Paragraph 5.27; Bill cl.10.)

8. A sound recording of the proceedings of a court or Commission made by any person described in paragraph 1 above shall not, except with the leave of the court or commission be used to correct or call in question an official transcript of those proceedings. (Paragraphs 5.17, 5.22, 5.27: Bill cl.16)

9. Any legislation implementing the recommendations in this report should apply to Royal Commissions and Special Commissions of Inquiry established after the legislation takes effect Such legislation should also apply to the following courts of law:

• the Supreme Court of New South Wales;
• the Land and Environment Court of New South Wales;
• the Industrial Commission of New South Wales;
• the District Court of New South Wales;
• the Workers’ Compensation Commission of New South Wales;
• Courts of Petty Sessions; and
• Coroners Courts.

Any legislation implementing our recommendations should allow for regulations to be made prescribing as courts bodies other than those listed above, should this be considered desirable at a future date. (Paragraphs 5.28, 5.29, 5.32; Bill cl.3(1), 5)

10. Each court and Commission should decide whether notification procedures for those persons wishing to use a sound recorder are necessary and, if so, the most efficient way to establish such procedures. (Paragraph 6.3)

11. Existingremediesappeartohavethecapacitytopermiteffectivereviewoftherefusalofa court or Royal Commission to allow the use of a sound recorder as envisaged by this report. Should this prove not to be the case, it would be feasible for the Attorney General to reassess the circumstances with a view to the creation of specific remedies. (Paragraph 6.23)

12. In the interpretation of any Act based on the draft legislation appended to this report, it should be permissible to have regard to the report and to that draft legislation (Bill cl.4)