Review of Courts (Remote Participation) Act 2010

The Act sets out different levels of expectations over the use of remote participation for individual participants in civil and criminal proceedings. Current rules are framed around both the type of participant and the type of matter (whether civil, criminal procedural, or criminal substantive).

We have identified an opportunity to clarify the position regarding fully remote hearings (a hearing where everyone participates remotely instead of in the courtroom). Fully remote courts have potential for efficiency gains, such as freeing up courtrooms for other hearings and reducing travel for judicial officers and lawyers.

While the current Act does not prevent fully remote hearings from occurring, this is only clear when piecing together individual rules for each participant and matter. We are not aware that this is causing problems. However, there is an opportunity to provide a clearer and more user-friendly legislative framework for fully remote hearings.

Clarify that fully remote hearings are enabled, provided the relevant statutory criteria are met. 

Including an explicit reference to fully remote hearings could increase clarity for users and future proof the legislative framework. Fully remote hearings depend on appropriate technology being available for all court participants. Providing a legislative framework for fully remote hearings will support use if and when the necessary technology becomes available.

If the use of fully remote hearings increases, it will be important to consider the principle of open justice. It may be necessary to permit members of the media and public to remotely observe fully remote hearings.